Cyberbullying in the Philippines: Legal Remedies under RA 10627 (Anti-Bullying Act of 2013) and RA 10175 (Cybercrime Prevention Act of 2012)

This is general information for education, not legal advice. For a specific case, consult counsel or your school’s/legal authorities.

1) What counts as “cyberbullying” in Philippine law?

There is no single, stand-alone criminal offense called “cyberbullying.” Instead, Philippine law tackles it through (a) school-based regulation (RA 10627 and DepEd rules) and (b) criminal, civil, and administrative liabilities that apply when online conduct crosses legal lines (RA 10175 + the Revised Penal Code + special laws). In everyday terms, cyberbullying is harassment, threats, humiliation, defamation, impersonation, or other abusive conduct carried out through ICT (texts, chats, posts, DMs, emails, images/videos, fake accounts, doxxing).

2) School-based protections: RA 10627 (Anti-Bullying Act of 2013)

2.1 Coverage and purpose

Who is protected? Learners in basic education (K–12, public and private). RA 10627 does not directly cover higher education; however, HEIs have duties under other laws (e.g., Safe Spaces Act, school policies).
Where? On campus, and off-campus/online if the conduct substantially interferes with a student’s education, creates a hostile environment, infringes the student’s rights, or disrupts school operations.
What is bullying? Severe or repeated written, verbal, physical, or electronic acts directed at another student that cause physical or emotional harm, damage to property, fear of harm, hostile environment, or material disruption. Cyberbullying is bullying through technology (social media, texts, email, chats, posts, edited photos/videos, etc.).

2.2 What schools must do

Under RA 10627 and its DepEd implementing rules (read together with the Child Protection Policy):

Adopt a written anti-bullying policy (definition, prohibited acts, reporting flow, confidentiality, sanctions, interventions, and appeal).
Constitute/activate a committee (often the Child Protection Committee) to receive reports, conduct fact-finding, and recommend measures.
Set accessible reporting channels (students, parents, teachers, staff, even bystanders may report).
Protect complainants, witnesses, and responders (no retaliation; confidentiality).
Intervene and discipline proportionately (counseling, behavior contracts, suspension/expulsion as policy allows; restorative approaches where appropriate).
Refer to outside authorities (PNP/NBI/DSWD) when the act may be a crime or there is a risk to safety.
Document incidents, actions taken, and outcomes.

2.3 Remedies you can seek inside the school

Immediate safety measures (no-contact directives, schedule/classroom changes).
Investigation and disciplinary action against the bully.
Support services (counseling, case conferences, referrals).
Escalation/appeal per policy (to the principal/division office; in egregious failures, raise to DepEd).

Key takeaways: RA 10627 prioritizes prevention, prompt response, and discipline within the school system. It does not send a child to jail; criminal/civil exposure comes from other laws (below).

3) Criminal law tools: RA 10175 (Cybercrime Prevention Act of 2012) and related offenses

RA 10175 does not criminalize “cyberbullying” per se, but it (i) creates cyber-specific crimes and (ii) elevates penalties for crimes under the Revised Penal Code (RPC) when committed by, through, and with the use of ICT (Sec. 6). Depending on the conduct, any of the following may apply:

3.1 Content-related offenses under RA 10175 commonly implicated in bullying

Cyber libel (Sec. 4(c)(4) in relation to RPC libel): defamatory imputations posted online (posts, comments, articles). Courts have upheld the core cyber libel provision but clarified its scope—opinions, fair comment, and privileged communication remain defenses; due process applies.
Computer-related identity theft (Sec. 4(b)(3)): using another’s identifying data or credentials (e.g., fake accounts to harass).
Computer-related forgery/fraud (Sec. 4(b)(1)–(2)): fabricating screenshots, deepfakes, or altered images to deceive/defame.
Cybersex (Sec. 4(c)(1)) and child pornography online (Sec. 4(c)(2) read with RA 9775/RA 11930): relevant where abuse has sexual content or exploitation.
Unsolicited commercial communications/spam (Sec. 4(c)(3)): rarely central to bullying, but can aggravate harassment in edge cases.

3.2 RPC crimes often “upgraded” by Sec. 6 of RA 10175 when done online

Grave threats / light threats; grave coercion.
Slander (oral defamation) / slander by deed; intriguing against honor.
Unjust vexation (catch-all for annoying/harassing conduct, used carefully).
Stalking/harassment scenarios may be prosecuted under VAWC (RA 9262) if intimate partner/ex-partner is involved (psychological violence including electronic/online abuse).

Effect of Sec. 6: When an RPC offense is committed via ICT, the penalty is one degree higher, which can affect bail, prescription, and sentencing.

3.3 Jurisdiction, warrants, and evidence (practical points)

Jurisdiction/venue: Special cybercrime courts of the RTC hear cases; venue generally tracks where any element or effect occurred or where complainant resides (nuances apply).
Data preservation: Service providers must preserve traffic/subscriber data for a limited time upon lawful request (statutory preservation periods apply).
Cybercrime warrants: Courts may issue specialized warrants—to disclose, intercept, and search/seize/examine computer data—to identify actors behind accounts, obtain logs, remove/disable access by court order, and secure evidence.
No general administrative “takedown” by the executive: As a rule, content removal requires judicial process (platforms also act under their own policies).

4) Civil and administrative remedies that complement RA 10175

4.1 Civil Code damages and privacy

Articles 19/20/21 (abuse of rights, tort liability for willful/ negligent acts causing damage).
Article 26 (privacy and dignity): prying into private affairs, humiliating conduct, or public disclosure causing mental distress.
Article 33 (independent civil action for defamation, fraud, physical injuries).
Vicarious liability (Article 2180) may reach parents/guardians of minors and, in certain cases, schools for acts of pupils under their custody.

4.2 Data Privacy Act (RA 10173)

Unlawful processing, unauthorized disclosure, security breaches tied to doxxing or exposure of personal/sensitive personal information (photos, addresses, school IDs, medical/sexual information).
Complaints may be lodged with the National Privacy Commission (NPC); violators face administrative fines and, for certain acts, criminal liability.

4.3 Safe Spaces Act (RA 11313) – “Bawal Bastos” Law

Covers gender-based online sexual harassment (GBOSH): unwanted sexual remarks, threats, misogynistic/sexist homophobic remarks, non-consensual sharing of intimate images, stalking, identity theft with gender-based motive—done online.
Imposes duties on schools, workplaces, and online intermediaries to respond (policies, procedures, sanctions), with criminal penalties for perpetrators.

4.4 Anti-Photo and Video Voyeurism Act (RA 9995)

Criminalizes non-consensual recording or sharing of sexual images or any person’s private parts/acts that violate privacy, including online distribution.

4.5 VAWC (RA 9262)

Protects women and their children from physical, sexual, economic, and psychological violence, including electronic/online abuse by spouses, ex-spouses, dating partners, or those with a common child.
Protection orders (Barangay/Temporary/Permanent) can restrain harassment and compel takedowns/cessation as part of reliefs.

4.6 Child protection statutes

RA 7610 (child abuse), RA 9775 (child porn), RA 11930 (OSAEC/CSAEM): severe online abuse of minors escalates into serious felonies with higher penalties and strong intermediary obligations (ISP filtering/blocking under court orders, strict reporting).

5) Minors as offenders and diversion: RA 9344 (Juvenile Justice)

When the bully is under 18:

Under 15: exempt from criminal liability (subject to intervention programs).
15–18: liability depends on discernment; diversion/restorative justice preferred.
Schools still implement discipline under RA 10627; parents/guardians may face civil exposure.

6) Step-by-step playbook for victims, parents, and schools

6.1 Preserve and secure evidence (immediately)

Do not delete. Screenshot full threads (include URL, handle, date/time, device clock), screen-record where helpful.
Export chats (platform tools), save emails (.eml/.msg), and download metadata if accessible.
Keep a chronology (who/what/when/where/how; witnesses).
If an account is compromised, change passwords, enable MFA, and log out other sessions.

6.2 Use in-platform remedies (fastest relief)

Report/flag the content/user for harassment, impersonation, hate speech, non-consensual imagery.
Request takedown under platform policies; attach proof of identity and harm.
Block/restrict abusers; tighten privacy settings.

6.3 Trigger school remedies (RA 10627)

Report to the adviser/Child Protection Committee in writing; attach evidence.
Ask for interim safety measures (no-contact, class changes).
Follow up on investigation timeline and sanctions/interventions.
Escalate if inaction or retaliation occurs (to principal, division/regional offices).

6.4 Consider criminal complaints (RA 10175 + other laws)

Go to PNP Anti-Cybercrime Group or NBI Cybercrime Division; bring ID and evidence.
Request data preservation (for IDs, IP logs) and discuss appropriate charges (e.g., cyber libel, identity theft, VAWC, voyeurism).
File a complaint-affidavit with the Prosecutor’s Office; prosecutors may seek cybercrime warrants.
For imminent harm (threats, doxxing), seek protection orders where applicable (e.g., VAWC).

6.5 Civil action and privacy complaint

Civil damages for defamation/privacy invasion (Articles 19/20/21/26/33).
NPC complaint for unlawful processing/doxxing (Data Privacy Act), which can run in parallel.

7) “Which law fits?” — A quick mapping

Scenario	Likely Laws/Remedies
Repeated abusive posts calling a student defamatory names	RA 10627 (school discipline); Cyber libel (RA 10175 + RPC); Civil damages (Art. 19/20/21/33)
Fake account impersonating a student to humiliate them	Identity theft (RA 10175); RA 10627 (if student v. student); Civil damages; possible Data Privacy Act breach
Non-consensual sharing of intimate photos	RA 9995 (voyeurism); Safe Spaces Act (GBOSH); Data Privacy Act; RA 10627 (if learners involved); RA 10175 (platform crimes/penalty elevation)
Harassment by ex-partner via threats and humiliation online	RA 9262 (VAWC, psychological violence); Cyber libel/threats; Protection orders
Gender-based hate/sexual harassment in group chats	Safe Spaces Act (GBOSH); RA 10627 for students; workplace/HEI policies; potential cyber libel
Doxxing (posting home address, ID docs)	Data Privacy Act; Civil damages; possible identity theft, threats; RA 10627 (if K–12 learners)

8) Evidence and litigation tips (that often make or break cases)

Completeness beats cropped snippets. Capture context (prior messages, thread origin, timestamps).
Hash and store original files where possible; keep a chain-of-custody log (who handled which device/file, when).
Corroborate with witness affidavits (classmates, teachers, moderators).
Secure medical/psychological reports to prove emotional distress and damages.
If you must report anonymously at first, expect that identities are usually required for prosecution, with protections against retaliation.
Maintain silence publicly once proceedings start; avoid counter-harassment that could backfire legally.

9) Limits, defenses, and common pitfalls

Free speech vs. unlawful speech: True opinions, fair comment on matters of public interest, and privileged communications are not libel.
Truth alone is not always a defense to libel; good motives and justifiable ends are typically required.
“Just a share/retweet/like” can still create exposure if it amounts to republication with malicious intent—fact-specific; tread carefully.
Prescription and penalties for cyber libel and related offenses have been treated differently across cases; timely action is crucial.
Platform liability is limited; takedowns usually require judicial orders or platform policy breaches—do not rely solely on threats to the platform.
Minors are treated differently (RA 9344); restorative approaches are favored.

10) For schools and HEIs: policy checklist (copy-paste friendly)

Clear definitions (bullying, cyberbullying, retaliation) consistent with RA 10627/DepEd rules.
Reporting channels (in-person, email, anonymous box) and forms.
Timeline commitments (acknowledge within 24–48h; initial measures; investigation window; resolution target).
Interim safety measures (no-contact, escorts, class/section changes, online restrictions on school-run platforms).
Due process for respondents (notice of allegations, chance to be heard, counsel/parental presence).
Sanctions matrix + remedial measures (counseling, digital citizenship training, community service).
Recordkeeping and confidentiality protocols.
Referral MOUs with PNP/NBI/DSWD/NPC for serious cases.
Annual training for staff/students; parent orientation.
Coordination with Safe Spaces Act policies (for HEIs and workplaces).

11) Frequently asked practical questions

Q1: Can I force a platform to remove content immediately? A: You can request under platform rules; for state-backed compulsion, court orders are typically required (except where platforms voluntarily act under their policies).

Q2: Is “group-chat bullying” covered by RA 10627? A: If students are involved and the effect meets the Act’s thresholds (hostile environment, disruption, infringement of rights), yes—even if the acts happen off-campus or after hours.

Q3: Can parents be liable for their child’s online bullying? A: Civilly, yes (Article 2180, plus school handbook undertakings). Criminal liability remains personal, subject to the juvenile justice regime.

Q4: Do I need a lawyer to go to PNP/NBI? A: Not required, but highly helpful—especially for framing charges, securing preservation orders, and protecting your own privacy.

12) One-page action plan (TL;DR)

Safety first: Block, privacy-lock accounts; if there are threats, alert authorities.
Save everything: Screens, URLs, timestamps, identities; keep a log.
School route (RA 10627): File a written report; ask for interim measures; track timelines.
Platform route: Report and request takedown; escalate through trust & safety channels.
Legal route: With counsel, assess RA 10175 (cyber libel/identity theft/etc.), VAWC, Safe Spaces Act, RA 9995, DPA, civil damages. File with PNP ACG/NBI and the Prosecutor; seek preservation and, if needed, protection orders.
Care: Access counseling/psych support; involve DSWD/Guidance Office when minors are affected.

Final word

In the Philippines, cyberbullying is addressed through a mesh of protections: school discipline (RA 10627) to restore safety and a suite of criminal, civil, and privacy laws (anchored by RA 10175) to hold wrongdoers to account. The strongest cases combine good evidence, prompt reporting, and the right legal fit for the specific conduct involved.