Text message harassment—persistent, unwanted, threatening, insulting, sexually suggestive, or otherwise abusive SMS communications—has become one of the most common forms of harassment in the Philippines. Because mobile phones are ubiquitous and SMS is difficult to trace completely, perpetrators often feel emboldened. Fortunately, Philippine law provides multiple strong legal remedies, both criminal and civil, that victims can pursue effectively when properly documented and filed.

1. What Constitutes Text Message Harassment Under Philippine Law?

Text message harassment is actionable when the messages:

Cause substantial emotional distress, fear, or mental anguish
Contain threats to inflict physical harm, kill, or damage property
Are defamatory or injure reputation
Are sexually explicit, lewd, or constitute gender-based sexual harassment
Are repeated and unwanted after the recipient has clearly asked the sender to stop
Alarm, annoy, or constitute unjust vexation

Even a single message can be actionable if it is sufficiently grave (e.g., a death threat). Repetition, however, almost always strengthens the case.

2. Primary Criminal Laws That Apply to Text Message Harassment

A. Republic Act No. 9262 – Anti-Violence Against Women and Their Children Act of 2004 (Anti-VAWC Law)

This is the strongest and most victim-friendly law for women harassed by current or former husbands, live-in partners, dating partners, or anyone with whom they have or had a sexual or dating relationship, or the father of their child.

Psychological violence under Sec. 3(a) explicitly includes:

Causing mental or emotional anguish, public ridicule, or humiliation
Repeated verbal abuse and mental/psychological harassment via text messages

Punishment: Prisión mayor (6 years and 1 day to 12 years)
Key advantages:

The crime is public; police/prosecutor must act even if victim does not want to pursue
Immediate Barangay Protection Order (BPO), Temporary Protection Order (TPO – 30 days), or Permanent Protection Order (PPO) can be obtained from the barangay or court
Protection orders can include orders to stop sending messages, stay away, or surrender firearms
Violation of a protection order is a separate crime punishable by prisión correccional (6 months to 6 years)

Best remedy for most female victims in dating or marital contexts.

B. Republic Act No. 11313 – The Safe Spaces Act (Bawal Bastos Law) of 2019

This law covers gender-based sexual harassment in public spaces, workplaces, educational institutions, and online/electronic means, including text messages.

Punishable acts via SMS include:

Catcalling, wolf-whistling, unwanted sexual invitations, misogynistic or sexist slurs
Persistent unwanted messages of a sexual nature
Sending unsolicited lewd photos or “dick pics”

Penalties:

1st offense: Fine of ₱10,000–₱50,000 and/or community service
2nd offense: Arresto mayor (1 month to 6 months) + higher fine
3rd offense: Prisión correccional (6 months to 6 years)

The law applies regardless of the relationship between harasser and victim. It is the best law against random sexual text harassment from strangers or acquaintances.

C. Revised Penal Code Provisions (Applicable to All Genders)

Article 282 – Grave Threats
If the message threatens to kill or inflict serious harm.
Penalty: Prisión correccional (6 months to 6 years) if conditional; arresto mayor (1–6 months) if unconditional.
Article 283 – Light Threats
Threats of harm not constituting grave threats (e.g., “I will slap you,” “I will ruin your life”).
Penalty: Arresto menor (1–30 days) or fine.
Article 287 – Unjust Vexation
The “catch-all” provision for annoying, irritating, or alarming conduct that does not fall under other articles. Most non-sexual, non-threatening persistent harassment falls here.
Penalty: Arresto menor (1–30 days) or fine not exceeding ₱40,000.
Article 353 – Libel (when committed through text messages, becomes Cyberlibel under RA 10175)
Penalty: Prisión correccional in its minimum and medium periods (6 months and 1 day to 4 years and 2 months) plus fine.

Cyberlibel is considered committed in multiple venues: where the message was sent, where it was read, and where the victim resides (multiple possible filing venues).

D. Republic Act No. 7610 – Special Protection of Children Against Abuse (if victim is a minor)

Repeated harassing messages to a minor can constitute child abuse under Section 10(a). Penalty is prisión mayor (6–12 years).

3. Best Practical Legal Actions (Step-by-Step)

Step 1: Preserve All Evidence Immediately

Take clear screenshots showing the full number, date, time, and content
Do not delete the messages
Have the screenshots printed and certified by a notary public or barangay for stronger evidentiary value
Save the SIM card or phone if possible
Record call logs if the harasser also calls

Step 2: Send a Clear Cease-and-Desist Message (Optional but Recommended)

Text or registered mail: “Stop sending me messages. Any further message will be used as evidence against you in court.”
Screenshot your warning. Continued messaging after this warning strengthens your case.

Step 3: File a Barangay Complaint (Mandatory for Most RPC Cases)

For unjust vexation, light threats, slander by deed, etc., you must first go to the barangay for mediation.
If no settlement, secure a Certificate to File Action.
For VAWC and Safe Spaces Act cases, barangay summons is still required in many instances, but you can directly seek a BPO.

Step 4: Choose the Strongest Available Charge and File Promptly

Recommended hierarchy (choose the highest applicable):

RA 9262 (Anti-VAWC) – if relationship qualifies → File directly with prosecutor or court for TPO/PPO
RA 11313 (Safe Spaces Act) – if sexual in nature → File with police or prosecutor
Grave Threats → File with police
Cyberlibel → File with prosecutor in your residence or where message was read
Unjust Vexation → After barangay certification

Step 5: File for Protection Orders (Highly Recommended)

Under RA 9262: BPO (barangay, 15 days), TPO (court, 30 days), PPO (permanent)
Under Safe Spaces Act: Court can also issue protection orders
Protection orders are issued ex parte (without notice to harasser) if there is immediate danger

Step 6: File Civil Action for Damages

You can claim:

Moral damages (₱50,000–₱500,000 common awards for harassment cases)
Exemplary damages
Attorney’s fees

File together with the criminal case or separately.

4. Where to File Complaints

Nearest police station (ask for Women and Children Protection Desk)
Philippine National Police Anti-Cybercrime Group (PNP-ACG) – Camp Crame (for cyberlibel or nationwide cases)
National Bureau of Investigation Cybercrime Division (NBI-CCD)
City or Provincial Prosecutor’s Office
Family Court or Regional Trial Court (for protection orders under RA 9262)

5. Landmark Cases and Jurisprudence

Disini v. Secretary of Justice (2014) – Upheld most of the Cybercrime Law, including online libel
Numerous Supreme Court decisions affirming that text messages are admissible evidence when properly authenticated
Awards of ₱200,000–₱500,000 moral damages in successful VAWC psychological violence cases involving text harassment are now routine

6. Additional Remedies

Report the number to your telco (Globe, Smart, DITO) for blacklisting (they are required by NTC Memo Circular 05-11-2018 to act on harassment complaints)
File a complaint with the National Telecommunications Commission (NTC) for violation of anti-spam/harassment rules
If the harasser uses a fake or unregistered SIM, this strengthens your case (violation of RA 11934 – SIM Registration Act)

7. Key Advantages for Victims in the Philippines

No need for a private lawyer initially – public prosecutors handle criminal cases
Protection orders are fast and free
Indigent victims can avail of free legal assistance from the Public Attorney’s Office (PAO)
The law favors victims: “preponderance of evidence” in VAWC cases, not “proof beyond reasonable doubt” for protection orders

Conclusion

Text message harassment is never “just a message.” Philippine law treats it seriously and provides multiple overlapping remedies. The most effective strategy is almost always:

For women in relationships → RA 9262 with immediate protection order
For sexual harassment from anyone → RA 11313 Safe Spaces Act
For threats → Grave or Light Threats
For pure annoyance → Unjust Vexation
For reputational attacks → Cyberlibel

Document everything, act quickly, and file the strongest applicable charge. Victims who follow through almost always succeed in stopping the harassment and obtaining justice.