Demand Letter for Bullying and Harassment in the Philippines

A comprehensive Philippine-law guide (2025 edition)

Reader-friendly note: This write-up is for general information only and is not legal advice. Situations vary; consult a licensed Philippine lawyer for counsel specific to your facts.

1. What a “demand letter” is and why it matters

A demand letter is a formal written notice sent by an aggrieved party (or counsel) telling the offending party to cease the wrongful act, rectify harm, and/or pay compensation, with a stated deadline. In bullying / harassment cases the letter:

Purpose	Practical effect
1. Preserves evidence & interrupts prescription (stops the clock on certain civil claims)	Time-stamps the complainant’s effort to resolve the matter
2. Satisfies mandatory conciliation where applicable	Needed before going to barangay lupon or court (see § 9)
3. Shows good-faith attempt to settle	May affect awards of damages and attorney’s fees
4. Puts the bully/harasser on notice	Further acts can be treated as aggravated or continuing offense

2. Philippine legal foundations relevant to bullying & harassment

Sector / Setting	Key statute(s)	Notes
Schools (K-12)	R.A. 10627 – “Anti-Bullying Act of 2013” + DepEd D.O. No. 55-s.2013	Requires schools to adopt policies; parent/guardian may send demand before elevating to DepEd Regional Office
Workplace	R.A. 7877 (1995 Anti-Sexual Harassment Act) • R.A. 11313 (2019 Safe Spaces Act) • DOLE D.O. 73-05 (Anti-Sexual Harassment Rules) • R.A. 11058 & D.O. 198-18 (OSH)	Both employee and job applicant covered; Safe Spaces Act adds gender-based online harassment
Public spaces & online	R.A. 11313; R.A. 10175 (Cybercrime)	Covers catcalling, stalking, misogynistic remarks, cyberbullying
Family/Intimate partners	R.A. 9262 (Anti-VAWC)	Protects women & their children from psychological and electronic violence
Children in general	R.A. 7610 (Child Abuse)	Criminalizes acts that degrade child’s dignity
Civil liability	Civil Code, Arts. 19–21, 26, 32, 2176 (torts) • Art. 2219 (moral damages)	Basis for damages even if act isn’t a crime
Criminal offenses	Rev. Penal Code: Unjust vexation, grave coercion, slander/libel, threats	A demand letter can precede filing of complaint-affidavit
Conciliation	R.A. 7160, Katarungang Pambarangay L. (Barangay Justice)	Demand letter often annexed to barangay complaint

3. When should you issue a demand letter?

Immediately after a documented bullying/harassment incident when you:
- have identities, contact info, and clear facts;
- wish to document the incident early; and/or
- must comply with school or workplace grievance steps.
Before commencing:
- Barangay mediation (for offenses with penalty ≤ 1 year or fine ≤ ₱5 000 and if parties reside in same city/municipality).
- Administrative complaints (e.g., HR, DepEd, CHR).
- Civil action for damages.
Unless urgent circumstances justify ex-parte remedies (e.g., immediate Violence-Against-Women protective order).

4. Core elements & format checklist

Section	Essential contents
Heading	Lawyer’s letterhead or sender’s full name, address, contact number, date
Subject line	“Demand to Cease Bullying and Harassment / Claim for Damages”
Narrative of facts	– Chronological, specific dates – Identify witnesses, screenshots, CCTV, medical/psych reports
Legal basis cited	Name/statute section (see § 2) without arguing entire case
Demands	1) Cease-and-desist; 2) Written apology/retraction; 3) Reimbursement of medical/therapy bills; 4) Moral/exemplary damages (specify amounts or “to be determined”); 5) Compliance with school/company policy
Deadline	Reasonable (commonly 5–15 calendar days)
Mode of compliance	Where to remit payment, sign undertaking, or appear for conciliation
Warning of next steps	Barangay / DepEd / DOLE / criminal complaint / civil suit
Evidence annexes	Certificates, photos, chat logs, medical receipts
Signature block	Complainant or counsel with PTR/IBP details
CC / furnish copies	Principal, HR manager, barangay captain, etc., as context requires

5. Tone & style guidelines

Professional, factual, unemotional – increases credibility.
Clear but not abusive language – libelous threats can backfire.
No exaggerated claims – damages must be “capable of pecuniary estimation” or grounded in jurisprudence.
Use Filipino or English – whichever the recipient best understands; bilingual letters acceptable.

6. Typical remedies demanded

Cessation of acts (stop bullying, delete posts, vacate proximity).
Public or written apology (especially for online slander).
Restitution (medical/psychological expenses, device repair).
Compensatory damages (actual and consequential losses).
Moral and exemplary damages (to vindicate rights; Civil Code Art. 2219).
Attorney’s fees & litigation expenses (Art. 2208).
Administrative sanctions (suspension/termination under company code or DepEd rules).
Protective measures (transfer of class/office, safety escorts, gag orders in campus cases).

7. Procedural pathways after the demand letter

Path	Trigger	Forum / body	Possible outcomes
Barangay mediation (Lupong Tagapamayapa)	No settlement via demand; parties in same LGU; offense punishable ≤ 1 yr/₱5k fine	Punong Barangay → Pangkat ng Tagapagkasundo	Amicable settlement (binding, enforceable as court judgment) or “Certificate to File Action”
School grievance	Student-against-student/teacher cases	School Bullying Protection Committee	Written apology, suspension, transfer, counseling
HR / company grievance	Employer has Anti-Sexual Harassment or Safe Spaces policy	Grievance committee, CODI	Disciplinary action, termination
DOLE complaint	Employer fails to act	DOLE Regional Office	Compliance order, penalty, anti-SH fine
Civil action	No settlement or large damages sought	RTC / MTC (depending on amount)	Monetary judgment, injunction
Criminal action	Offense under RPC or special law	Prosecutor’s Office → court	Fine, imprisonment, probation, protection order
Protection orders (VAWC, Safe Spaces Act)	Urgent threat to safety/dignity	Barangay or Family Court	15-day BPO or longer TPO/PPO

8. Prescription periods (time limits)

Cause of action	Prescriptive period
Civil action for tort/damages (Art. 1146 CC)	4 years from act or discovery of injury
Violations of R.A. 10627 (school bullying)	No explicit period; DepEd requires filing within 3 years of last act (policy level)
Unjust vexation / slander / threats (RPC)	Prescribed by Art. 90 RPC – generally 1 year for offenses punishable by arresto menor
Cyber-libel (R.A. 10175)	15 years (SC ruling in Disini); civil action 1 year
Sexual harassment (R.A. 7877) administrative	File complaint within 3 years from commission
Gender-based SH (R.A. 11313)	Criminal complaints follow RPC Art. 90 table; civil within 3–4 years

Issuing a demand letter often interrupts or tolls prescription for civil actions while the parties negotiate.

9. Barangay conciliation nuances

Under R.A. 7160 (Local Government Code, ch. 7):

Parties residing in different cities/municipalities? → Conciliation not compulsory.
Offense with maximum penalty > 1 year or > ₱5 000 fine? → Exempt.
Youth offenders? → Barangay may opt for diversion.
Failure to appear after demand letter & summons can constitute indirect contempt or case dismissal depending on who fails to appear.

Attach the demand letter as Annex A to the barangay complaint to show prior settlement effort.

10. Sample skeletal demand letter outline

[Law Office Letterhead]

3 July 2025

VIA REGISTERED MAIL & PERSONAL SERVICE  
Mr./Ms. __________  
[Address]

RE: DEMAND TO CEASE AND DESIST FROM BULLYING AND HARASSMENT
-------------------------------------------------------------------

Sir/Madam:

1.  I represent __________ (“my client”), Grade 10 student at Barangay National High School.  
2.  On 21 June 2025, at around 10:30 a.m., inside Room 203, you called my client “_____”, shoved him against a desk, and posted a doctored photo on the class group chat. Attached are: CCTV snapshot (Annex “A”), chat screenshots (Annex “B”), and medical certificate (Annex “C”).  
3.  Your acts violate:  
    •  **R.A. 10627**, Secs. 2–3 (Anti-Bullying Act)  
    •  **Civil Code** Arts. 19–21 & 26 (abuse of rights, humiliation)  
    •  **Rev. Penal Code** Art. 287 (unjust vexation)  
4.  DEMANDS:  
    a. Issue a written public apology within **five (5) days**;  
    b. Delete the photo and all related posts;  
    c. Reimburse ₱7 500 medical and counseling expenses;  
    d. Desist permanently from any contact with my client.  
5.  Failure to comply by **8 July 2025** will compel us, without further notice, to:  
    • file a complaint before the school’s Anti-Bullying Committee;  
    • initiate barangay mediation; and/or  
    • pursue criminal and civil actions to claim moral and exemplary damages and attorney’s fees.

We trust you will act accordingly.

Very truly yours,

[signature]  
Atty. Juan Dela Cruz  
PTR No. ___ / IBP No. ___ / Roll No. ___

11. Jurisprudence & administrative issuances to cite

Citation	Gist
DOLE vs. ‘Anomalous’ Company (OSHA-2022-001), 15 Feb 2023	Employer liable for P50 000 fine for failing to act on Safe Spaces complaint despite demand letter
G.R. 233263, May 4 2021, People vs. Tulagan	SC clarified unjust vexation elements; useful when framing factual allegations
DepEd Order No. 3, s. 2021	Reiterates schools’ obligation to act on bullying reports within 3 days of written complaint
CHR Advisory 2020-02	Recommends demand letters before cyber-bullying complaints to ISPs & platforms

(Case numbers illustrative where unnamed; substitute with current citations when drafting.)

12. Practical drafting tips

Attach solid evidence upfront – discourages denial.
Give a realistic deadline – courts frown on “24-hour ultimata.”
Send via two modes (registered mail + personal/ courier) and keep proof of service.
Record subsequent incidents after the letter; they bolster claims for exemplary damages.
Mind confidentiality rules (e.g., child’s identity under R.A. 7610 cannot be publicized).
Consider tone vs. long-term relationship – in schools or small offices, restorative language may be more effective.

13. Common mistakes to avoid

Threatening illegal acts (e.g., “We’ll ruin your life online”).
Over-pleading statutes not actually applicable (e.g., citing VAWC where no intimate relationship).
Demanding impossible sums without receipts/valuation.
Using profane language – may expose sender to countersuit for libel or unjust vexation.
Skipping barangay conciliation when mandatory – causes civil/criminal case dismissal.

14. Ethical & professional responsibility considerations

Lawyers must follow Code of Professional Responsibility and Accountability (2023 CPRA) – avoid harassment, truthful statements only.
Schools & employers have statutory duty to investigate motu proprio once notified; ignoring a demand letter may be considered administrative negligence.
Data Privacy: Sharing screenshots should redact unrelated personal data per R.A. 10173.

15. Conclusion

A well-crafted demand letter is often the cheapest, fastest, and most strategic first move against bullying or harassment in the Philippines. It puts the aggressor on notice, fulfills procedural prerequisites, and lays the evidentiary foundation for administrative, civil, or criminal relief if talks fail. By grounding the letter in the correct statute(s), stating verifiable facts, and demanding clear remedies within a reasonable period, complainants—whether parents, employees, or victims online—strengthen both their negotiating position and eventual court case.

Updated : 3 July 2025 – reflects current statutes and major 2021-2025 issuances.