In the digital age, the line between free speech and criminal harassment is frequently crossed. In the Philippines, where social media penetration is among the highest globally, legal remedies for online abuse have become essential. A Demand Letter serves as the critical first step in seeking redress before escalating to formal litigation.
The Legal Framework: Why It Matters
Online harassment is not just a social grievance; it is a legal violation. Several key laws provide the foundation for a demand letter in the Philippine context:
- R.A. 10175 (Cybercrime Prevention Act of 2012): Penalizes "Cyber Libel," which is the public and malicious imputation of a crime, vice, or defect via a computer system.
- R.A. 10627 (Anti-Bullying Act of 2013): While focused on educational institutions, it sets the standard for defining cyberbullying among students.
- R.A. 11313 (Safe Spaces Act or "Bawal Bastos" Law): Specifically penalizes gender-based online sexual harassment, including unwanted sexual remarks, threats, and the uploading of misogynistic or homophobic content.
- Civil Code of the Philippines: Specifically Article 19, 20, and 21 (Human Relations), which mandate that every person must act with justice, give everyone his due, and observe honesty and good faith.
Purpose of the Demand Letter
A demand letter is a formal document sent by a victim (often through counsel) to the perpetrator. It serves three primary functions:
- Notice to Cease: It officially informs the harasser that their conduct is unlawful and must stop immediately.
- Opportunity for Settlement: It allows the parties to resolve the issue (e.g., through a public apology or payment of damages) without the expense of a court case.
- Proof of Good Faith: In many Philippine civil cases, showing that you attempted to settle the matter out of court is beneficial for your standing.
Essential Elements of the Letter
To be effective and legally sound, the letter should include the following:
Detailed Account of the Acts: Specific dates, platforms (Facebook, X, etc.), and the exact nature of the harassment (e.g., "On January 5, 2024, you posted a defamatory statement...").
Legal Citations: References to the specific laws being violated (e.g., Section 4(c)(4) of R.A. 10175 for Cyber Libel).
The "Demand": Clear instructions on what the perpetrator must do. This usually includes:
Immediate removal of the offending post/content.
A formal, written retraction or public apology.
Payment of Actual, Moral, or Exemplary Damages.
The Deadline: A specific timeframe (usually 5 to 10 days) for the perpetrator to comply.
The Ultimatum: A clear statement that failure to comply will result in the filing of criminal and civil charges with the National Bureau of Investigation (NBI) Cybercrime Division or the Philippine National Police (PNP) Anti-Cybercrime Group.
Procedural Steps: From Harassment to Demand
| Step | Action | Description |
|---|---|---|
| 1 | Preservation of Evidence | Take screenshots including timestamps, URLs, and profiles. In the Philippines, digital evidence must be authenticated. |
| 2 | Identification | Ensure the identity of the account owner is verifiable. Anonymous accounts may require a "John Doe" complaint via the NBI first. |
| 3 | Drafting | While a victim can write their own letter, a letter on a law firm's letterhead carries significantly more weight and legal authority. |
| 4 | Service | The letter is ideally served via Registered Mail with a return card or through a private courier to prove receipt. |
Important Considerations
The "Publicity" Requirement: For Cyber Libel to stick, the defamatory statement must be made publicly. Private messages (DMs) may not qualify as Libel but could fall under "Unjust Vexation" or violations of the Safe Spaces Act.
- Truth is Not Always a Defense: In Philippine Libel law, even if a statement is true, if it was made with "malice" (intent to injure reputation) and without justifiable motive, it can still be actionable.
- The One-Year Prescription: Under the current interpretation of the Cybercrime Prevention Act, the prescriptive period for filing a Cyber Libel case is technically longer than traditional libel, but victims are encouraged to act within one year of the post's discovery to avoid legal complications.
When the Demand Letter Fails
If the harasser ignores the letter or responds with further abuse, the next step is the filing of a Formal Complaint for a Preliminary Investigation at the Office of the City Prosecutor or through specialized cybercrime units. The demand letter then serves as "Exhibit A," proving that the respondent was given a chance to rectify their actions but refused.