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Investigative Reports

Shopper safety or credit score contraction?

Madisony
Last updated: December 9, 2025 11:15 pm
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Shopper safety or credit score contraction?
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Contents
Will the maths maintain?Between regulation and marketWhen caps can shrink marketsThe way it worksCredit score re-engineering

The Securities and Change Fee’s (SEC) proposal to slash the efficient interest-rate (EIR) ceiling for unsecured small loans — from 15% to 10% monthly (it could possibly be increased relying on information and market consultations) — marks essentially the most important overhaul of short-term shopper credit score pricing for the reason that 2022 cap was launched. 

With the draft round increasing protection to loans as much as P20,000 and phrases so long as six months, the reform reframes the economics of digital and application-based lenders whose enterprise fashions depend on high-velocity, high-risk portfolios which can be priced near the prevailing ceiling. The SEC argues that the reform is important to arrest predatory pricing, hidden-fee constructions, and debt-trap cycles that proceed to proliferate regardless of two years of regulatory tightening.

What makes the talk unusually intense is that each the regulator and the business are right on the info. The SEC is correct that debtors stay weak to opaque pricing and harassment from fringe operators. Lenders are equally proper that chopping the EIR ceiling by a 3rd, whereas increasing the protection internet, will compress margins throughout the riskiest segments, doubtlessly shrinking provide and pushing liquidity-starved debtors again towards the casual “5-6” lending market. The political crucial is that the federal government desires seen consumer-protection wins — however the sensible danger is equally actual: worth caps that overshoot can set off credit score rationing lengthy earlier than they self-discipline abusive practices.

The result will reverberate throughout the monetary ecosystem. If the SEC maintains the proposed cap, lenders should rewrite danger fashions, recalibrate borrower acquisition, and redesign merchandise round bigger tickets and stronger credit score profiles. If the company softens the blow via transitional mechanisms or focused exemptions, the reform turns into evolutionary fairly than disruptive. Both approach, the Philippine credit score market is getting into a reset part — one which exams whether or not regulatory ambition and market realities can discover a workable equilibrium.

As soon as once more, the SEC is on the heart of a battle that pits regulatory precept towards market economics. 

Its proposal to chop the EIR cap for unsecured small loans from 15% to 10%  (or perhaps increased) monthly seems, on its floor, to be a simple consumer-protection measure. However beneath that politically enticing headline lies a much more advanced recalibration of the Philippine credit score ecosystem — one that might redefine pricing, reshape danger appetites, and redraw the boundaries between formal lenders and the casual “5-6” underground lending financial system that regulators have lengthy sought to displace.

The SEC’s transfer is just not taking place in a vacuum. It comes three years after the 2022 worth cap tried to deliver order to a quickly increasing universe of digital, application-based, and algorithm-driven lenders providing high-velocity microcredit to thousands and thousands of Filipinos. 

These caps had been meant to curb essentially the most abusive practices — triple-digit month-to-month prices, stacked charges, and harassment-driven assortment strategies — however the market tailored quicker than regulators anticipated. Debtors continued to complain of hidden prices and debt-trap cycles, whereas operators discovered methods to push whole mortgage prices towards the utmost authorized envelope. In that sense, the SEC’s latest proposal capabilities as a correction to a correction: the regulator believes the preliminary cap decreased excesses, however not sufficient to guard financially fragile households who stay trapped in high-cost borrowing loops.

The draft round’s most important shift is just not merely the numerical minimize from 15% to 10% (or increased)  EIR, however its growth of the regime itself. Loans as much as P20,000 and phrases as much as six months would now fall underneath the tightened ceiling, broadening regulatory attain at exactly the second lenders face smaller pricing headroom. This twin transfer acts like a pincer: a wider internet with a decrease roof. 

For lenders whose economics rely closely on high-yield, short-duration credit score, the haircut is significant. Annualized returns — already costly by world requirements — shrink by roughly one-third, whereas default danger, fraud prices, and servicing bills stay stubbornly excessive.

Will the maths maintain?

That is the crux of the business’s objection. 

Their argument is just not that debtors ought to pay 20% or 30% monthly — these days are already over — however that small-ticket, high-risk loans can’t be profitably supplied at scale when the authorized ceiling decreases on the similar second protection expands. 

In boardrooms and investor calls, executives warn that the maths merely is not going to maintain: lenders will tighten approval charges, increase minimal mortgage sizes, exit marginal municipalities, or pull again fully from clients with casual incomes and erratic reimbursement histories. And when regulated lenders retreat, the casual market fills the vacuum rapidly and ruthlessly. It’s a sample noticed in economies from India to Indonesia to Kenya when fee caps undershoot risk-adjusted pricing realities.



The SEC, nevertheless, is equally grounded in its reasoning. Underneath the Monetary Merchandise and Providers Shopper Safety Act (RA 11765), the company is legally obligated to make sure affordability, transparency, and equity in pricing — not merely to permit lenders to cost danger as they see match. 

From its vantage level, the persistence of borrower complaints, the rise of opaque charge constructions, and the continued prevalence of digital harassment practices sign that market self-discipline alone is inadequate. The proposed 10% (or increased) cap is thus framed as a calibrated intervention, not an ideological one: a degree excessive sufficient to permit credit score to move, but low sufficient to blunt predation. 

The inclusion of a 100% total-cost cap — no borrower ought to ever owe greater than double what they borrowed — is one other signal of a regulator trying to shut loopholes that turned many microloans into revolving traps.

However this tug-of-war between regulatory advantage and market viability is exactly the place the Philippine credit score sector should determine: is it going to construct an inclusive future or sleepwalk right into a credit score desert? If the cap is applied as written, lenders will possible pivot towards larger-ticket, lower-risk debtors, the place underwriting visibility is stronger and portfolio losses are extra manageable.

That transition will depart thousands and thousands of casual staff — tricycle drivers, avenue distributors, home helpers, building laborers, and home-based sellers, amongst them — stranded between underpriced formal credit score and overpriced casual sources. The irony is that strengthening shopper safety at one finish could unintentionally worsen monetary vulnerability on the different.

Between regulation and market

This SEC proposal has definitely ignited a uncommon, full-front collision between regulatory intent and market actuality. Shopper advocates are cheering. Lenders are bracing. However the louder — and extra related — sign comes from the actual world: nations that attempted related caps found that the poorest debtors usually suffered essentially the most.

That’s the uncomfortable reality beneath the Philippine reform: it’s motivated by actual abuses, however could inadvertently recreate the very drawback it seeks to resolve.

To grasp why, it’s crucial to look at not solely the numbers however the historical past. The Philippines is just not the primary nation to aim an aggressive interest-rate ceiling within the identify of shopper safety. Kenya did it in 2016 with a cap tied to the central financial institution fee. Cambodia imposed strict charge and curiosity controls on microfinance establishments in 2017. India experimented with a inflexible pricing band for microfinance in 2011. All three nations promised the identical factor the SEC is promising in the present day: decrease prices, safer borrowing, much less predation.

As a substitute, every one triggered a contraction that hit poor individuals first.

When caps can shrink markets
  • Think about Kenya, the place the 2016 Banking (Modification) Act capped lending at not more than 4% above the Central Financial institution of Kenya’s benchmark fee. The legislation was politically common — debtors had lengthy rebelled towards double-digit mortgage charges — however the aftermath was brutal. Nearly in a single day, banks pulled out of low-income and small and medium-sized enterprise (SME) segments. A World Financial institution examine in 2018 discovered that entry to formal credit score for micro and small companies fell by practically 25%, whereas digital lenders jumped in to fill the vacuum—charging even increased efficient charges as a result of they weren’t legally outlined as “banks.” Inside three years the cap was repealed; regulators admitted it had harm essentially the most weak debtors.
  • Cambodia adopted an identical arc. In 2017, regulators imposed a tough cap of 18% annual proportion fee (APR) on microfinance establishments, a drastic discount from historic borrowing prices in rural provinces. Microfinance establishments (MFIs) responded by rising mortgage sizes, pivoting to collateralized lending, and abandoning high-risk villages. The United Nations (UN) and several other improvement companies later flagged a disturbing development: small rural debtors had been taking bigger loans than they wanted simply to satisfy new minimal thresholds. The cap didn’t scale back debt burdens; it merely distorted the market.

The Philippines is now poised to check the identical dynamic in an much more advanced atmosphere: a rustic the place over 70% of the workforce participates within the casual financial system and the place digital lenders — regulated and unregulated — coexist in the identical neighborhoods, usually concentrating on the identical clients.

For years, a lot of the microfinance and digital lending universe relied on excessive yields to compensate for inefficiencies in danger scoring, restricted borrower information, guide collections, and operational drag. A 15% month-to-month ceiling gave many operators room to develop even with out investing aggressively in expertise or analytics.

However that consolation additionally created complacency. The SEC’s proposed 10% (or increased) cap threatens this equilibrium not as a result of it destroys viable fashions, however as a result of it forces gamers to construct what they need to have constructed way back: precision underwriting, automated workflows, sturdy fraud monitoring, and data-driven buyer segmentation.

We are not any stranger to markets that leapfrog ahead when stress is utilized. The explosion of cell funds after the pandemic, the mainstreaming of digital banks, the rise of e-commerce logistics — these transformations didn’t happen as a result of incumbents needed change, however as a result of the atmosphere demanded it. Lending is now reaching an identical pivot. With tighter caps on the horizon, the businesses that thrive might be people who innovate quicker than the regulatory curve.

The way it works

Think about a fictional Amelia, the sari-sari retailer proprietor in Caloocan who commonly borrows P5,000 to replenish her stock.

Underneath conventional underwriting, Amelia is a danger profile outlined by guesswork: casual revenue, no pay slips, restricted credit score historical past. However underneath an innovation-driven regime, she turns into an information level in a far richer image. Her transaction velocity, mobile-wallet utilization, telco conduct, stock turnover, provider funds, and even seasonal demand patterns can now be built-in into various credit score fashions. Lenders that spend money on these instruments can approve Amelia at sustainable margins regardless of a decrease curiosity ceiling. Those that refuse to evolve will merely exit the shopper phase—and yield the chance to others.

An identical transformation awaits SMEs like one other fictional RDR Transport Options in Valenzuela. Immediately, their mortgage approvals usually hinge on guide processes, paper-based financials, and in-person verification. However an ecosystem formed by a ten% (or increased) cap will compel lenders to undertake automated bank-statement evaluation, cash-flow forecasting algorithms, fleet telemetry scoring, and synthetic intelligence (AI)-driven danger clustering. The businesses keen to reinvent credit score evaluation will serve SMEs quicker, extra cheaply, and extra profitably than any legacy mannequin ever allowed.

Globally, regulatory constraints have usually produced technological breakthroughs. 

Kenya’s banking modification acts, considerably impacted M-Pesa, a broadly used mobile-phone cash switch funds, and microfinancing service, launched in 2007 by Safaricom (a part of the Vodacom Group) for individuals with out entry to formal banking. Kenya’s fee caps inadvertently fueled M-Pesa’s agent-banking growth and catalyzed digital lending fashions that had been later refined into sustainable, low-cost merchandise. 

India’s regulatory tightening on microfinance pushed the business towards biometric Know Your Buyer (KYC) through the Aadhaar Enabled Fee System (AePS), a digital system permitting fundamental banking companies (withdrawals, deposits, transfers, stability checks) utilizing the person’s Aadhaar quantity and biometrics (fingerprint/iris) for authentication, bypassing playing cards or private identification numbers (PINs), particularly in rural India, leading to  lowering working prices by greater than half. 

Indonesia’s Otoritas Jasa Keuangan (OJK), an unbiased authorities company that regulates and supervises the nation’s banks, capital markets, and different monetary establishments, applied reforms that spurred monetary expertise (fintech) consolidation and inspired platforms to undertake machine studying for fraud detection, slashing default charges whereas increasing inclusion.

Credit score re-engineering

If the Philippine business responds with related fervor and ambition, the nation may witness a comparable re-engineering of credit score.

The SEC’s reform, considered via this lens, is just not merely a cap — it’s a forcing mechanism. It calls for effectivity the place inefficiency as soon as hid behind excessive margins. It rewards platforms that modernize, automate, and scale. It pressures lenders to strengthen governance, remove abusive practices, and compete on transparency. And most significantly, it invitations the business to maneuver past the outdated stress between high-risk debtors and high-cost credit score.

But there’s one other facet to this story, one which deserves acknowledgment. Left unchecked, the microcredit market of the previous decade was drifting towards more and more aggressive ways. Some lenders charged processing charges that exceeded curiosity itself. Others accessed borrower contacts with out consent, weaponized disgrace, or supplied deceptive disclosures about whole mortgage prices.

A system like that’s not sustainable, and powerful regulatory intervention was inevitable. By trying to reset boundaries now, the SEC could also be forcing a recalibration that the market itself had postponed for too lengthy.

The problem, nevertheless, is timing. Decreasing caps earlier than the ecosystem is totally prepared—earlier than credit score bureaus are common, earlier than digital IDs are ubiquitous, earlier than enforcement totally reaches unlawful gamers—dangers shrinking the formal credit score pool whereas leaving casual channels untouched. Debtors could discover themselves navigating a narrower set of official choices, at the same time as unregulated lenders proceed working with impunity.

That is why the SEC’s willingness to seek the advice of, revise, and iterate is essential. The company has publicly acknowledged that the draft round is just not last, that feedback are welcome, and that the objective is to stability entry, sustainability, and equity. That openness is just not an indication of indecision; it’s a recognition that the Philippine credit score financial system is a residing organism, not a spreadsheet. Getting the reform proper requires calibration, not rigidity.

The Philippines can, in principle, obtain what few rising markets have managed: a credit score panorama the place debtors are protected with out being displaced, the place lenders behave responsibly with out being pushed out, and the place affordability improves with out sacrificing availability. However this stability is not going to emerge routinely. It is going to require the SEC to observe portfolio contractions fastidiously, modify guidelines when wanted, and regularly tighten its crackdown on unlawful lending operations that thrive each time formal markets slim.

In that sense, the SEC’s 10% (or increased) cap is just not a constraint, however a catalyst. It’s a problem to lenders to innovate their approach into sustainability fairly than worth their approach into survival. It’s a reminder that monetary inclusion can not rely indefinitely on costly credit score. Furthermore, it is a chance for the Philippines to construct a contemporary, data-powered lending system worthy of a digital financial system.

If the reform succeeds, the Philippines may grow to be a case examine in how shopper safety and monetary inclusion can reinforce one another. If it stumbles, the nation dangers studying the identical lesson its friends did—that worth caps with out structural readiness can shrink the market as an alternative of fixing it.

Both approach, the dialog the SEC has began is each crucial and overdue. The problem now’s to not retreat from reform, however to refine it. Stronger shopper protections are doable. So is a wholesome lending ecosystem. However marrying the 2 requires an method as adaptive because the promote it seeks to manipulate.

If the SEC can strike that stability, the ten% (or increased) cap might be remembered not as a blunt instrument, however because the turning level that made Philippine credit score each safer and smarter. – Rappler.com

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