Filing an Online Harassment Complaint in the Philippines
A practical & doctrinal guide for victims, counsel, HR professionals, educators, and investigators
1. What counts as “online harassment” under Philippine law?
| Statute | Conduct Covered | Key Sections | Usual Penalty* |
|---|---|---|---|
| Republic Act (RA) 10175 – Cybercrime Prevention Act of 2012 | Libel, threats, identity theft, unsolicited sexual messages, cyberstalking, DoS attacks, etc., when committed through a computer system | §§4(c)(1)–4(c)(4), 5, 6 | One (1) degree higher than the analog crime in the Revised Penal Code (RPC); fines up to ₱1 million |
| RA 11313 – Safe Spaces Act (“Bawal Bastos Law”) 2019 | Gender-based online sexual harassment: unwanted sexual remarks, misogynistic slurs, dogpiling, rape threats, non-consensual sharing of intimate images, doxxing with sexual intent | §§3(d), 11 – 13 | Graduated fines ₱100 k – ₱500 k &/or 6 months-3 years 6 months |
| RA 9995 – Anti-Photo & Video Voyeurism Act of 2009 | Capture & distribution of private nude/sexual content without consent | §4 | Prision correccional (6 months-6 years) & ₱100 k – ₱500 k |
| RA 11930 – Anti-Online Sexual Abuse or Exploitation of Children (OSAEC) Act 2022 | Online sexual abuse/exploitation of minors; grooming; livestreaming of sexual acts | §§4-6 | Prision mayor – reclusion perpetua & up to ₱5 million |
| RA 10627 – Anti-Bullying Act of 2013 (+ DepEd/CHED/Technical-VocEd policies) | “Cyber-bullying” among students | DepEd Order No. 55-2013 | Administrative sanctions vs. pupil/school; possible criminal overlap |
| Data Privacy Act of 2012 (RA 10173) | Unauthorized disclosure of personal data (doxxing) | §§25-34 | 1-7 years & up to ₱5 million |
| RPC Art. 282, 282-bis | Grave threats via electronic means | – | Arresto mayor/prision correccional &/or fines |
*Penalties shown are the general ranges; aggravating/mitigating circumstances and the victim’s age/relationship may alter them.
2. Choose the right legal theory early
Defamation‐style abuse. Use cyber-libel (RA 10175 §4(c)(4)) or Art 353 RPC. Remember the 15-year prescriptive period for written defamation, but only 1 year for ordinary libel.
Gender-based attacks. Use RA 11313. Even single-incident sexist slurs or unwanted sexual emojis in DMs qualify.
Non-consensual intimate images. Use RA 9995 or RA 11313 (if gender-based); RA 11930 if the victim is a child.
Persistent following/ surveillance. No standalone “cyberstalking” law yet; practitioners rely on:
- Unjust vexation (Art 287 RPC),
- Grave threats,
- RA 10175 §4(b)(2) (cyberstalking as “computer-related identity theft” or “cyber harassment”) almost always accepted by prosecutors.
3. Evidence: preserve, authenticate, chain of custody
| Step | How to do it | Why it matters |
|---|---|---|
| Mirror & hash | Use forensic tools (e.g., FTK Imager) to create a bit-for-bit copy; generate SHA-256 hash; burn to write-once media. | Demonstrates the file is unaltered. |
| Screenshots + URL | Capture full conversation thread, profile link, date stamp, URL bar. Use built-in OS snipping tool; immediately print + sign across the printout’s margin. | Courts admit screenshots if accompanied by an affidavit (Rule 11, Rules on Electronic Evidence). |
| Metadata | Right-click → Properties → Details → save as .txt; on social platforms, use “Download my data” option. | Shows post-time, IP footprints, geotags. |
| Independent witnesses | Have a friend simultaneously view the post & sign a Joint Affidavit of Print-Out. | Corroborates authenticity. |
| Takedown notice | Send platform complaint (Facebook Community Standards, Twitter/X Rules). Keep the ticket ID & email acknowledgment. | Shows diligence and may unlock data retention under RA 10175 §14. |
4. Where & how to file
| Forum | Jurisdiction trigger | How to file | Typical timeline |
|---|---|---|---|
| PNP Anti-Cybercrime Group (ACG) | Any cybercrime | Walk-in (Camp Crame HQ or 18 regional offices) OR e-mail acg@pnp.gov.ph with PDF complaint & evidence | Same-day blotter; in-house digital forensics; case build-up 30-60 days |
| NBI Cybercrime Division (CCD) | Complex cases or when suspect is abroad | Walk-in NBI Main (Taft Ave.), Online Appointment > “Cybercrime Complaint” | Initial evaluation 2-4 weeks; subpoena to platform |
| Barangay | If parties live in the same city/municipality & offense ≤ 4 years max penalty (e.g., unjust vexation, minor threats) | File Punong Barangay Complaint for conciliation under KP Law | 15-day mediation window |
| Office of the City/Provincial Prosecutor | All crimes, including those above 4-year threshold | Sworn Complaint-Affidavit + annexes; 3 sets; docket fee ₱500-₱2 000 | Preliminary investigation 10-30 days/party |
| Philippine Online Dispute Resolution System (e-ODS, trial-run) | Civil damages ≤ ₱200 k; defamation/harassment excluded | Upload claim + evidence; video conference mediation | Pilot stage; voluntary |
| Supreme Court Writs | Threats to life, privacy, free speech | Petition for Writ of Amparo (life/ liberty), Writ of Habeas Data (privacy), or Writ of Kalikasan (if environment) | Immediate raffle; summary hearing 10 days |
5. Drafting the Sworn Complaint-Affidavit
Caption & parties. State the RA violated (“For: Violation of RA 11313 §11”).
Narrative (Facts). Chronological, numbered paragraphs. Attach Annex “A” (screenshot) onwards.
Elements check. For each legal element, allege a supporting fact & cite the annex.
Jurisdiction & venue paragraph. For cybercrime, venue is any of:
- Where the content was accessed,
- Where complainant resides, or
- Where the material was first posted (Rule 22, ROC 2020).
Prayer. Ask for (a) filing of information, (b) issuance of subpoena duces tecum to platform, (c) hold departure order if flight-risk.
Verification & jurat. Sign before a public prosecutor (ideal) or notary.
6. Procedure after filing
- Subpoena & Counter-Affidavit. Respondent gets 10 days to answer; one 10-day extension allowed.
- Resolution. Prosecutor issues Resolution & Information if probable cause; else, dismissal.
- Review/Appeal. Motion for Reconsideration (5 days) → DOJ Petition for Review (15 days) → OP/CA.
- Arraignment & pre-trial in RTC (for penalties > 6 years) or MeTC (≤ 6 years).
- Judgment. Cyber-libel is imprescriptible once information is filed (Art 90 RPC as amended).
7. Protective & ancillary remedies
| Remedy | Statute | Relief | Where to file |
|---|---|---|---|
| Provisional Protection Order (PPO) | RA 11313 §16 | No-contact, takedown mandate, device surrender | RTC/MeTC (ex parte; 24 h) |
| Civil action for damages | Art 26 & 32 Civil Code + RA 10175 §33 | Moral, exemplary, nominal damages; attorney’s fees | May be filed with criminal case or separately |
| Platform takedown | Safe Spaces Act IRR; DTI-DICT Guidelines on Online Platforms (2021) | 48-hour removal, account suspension | Platform internal tools |
| Data Privacy complaint | RA 10173 §25-34 | NPC order to erase personal data, administrative fines | National Privacy Commission; 15-day resolution target |
8. Special considerations
Minors as parties.
- Children under 15 cannot be criminally charged (Juvenile Justice & Welfare Act); censure via diversion.
- Schools must activate their Child Protection Committee within 24 hours of report (DepEd Order 40-2012).
Workplace obligation.
- Employers with > 10 employees must adopt an anti-sexual harassment policy incl. online acts (RA 11313 §17). Failure → corporate fine ₱50 k-₱100 k & possible closure.
Doxxing without sexual or gender element.
- Charge under Data Privacy Act or Unjust Vexation if harm is mental anguish.
Anonymous perpetrators.
- Subpoena ad testificandum to ISP/social-media via mutual legal assistance (MLA) or under RA 10175 §14 (real-time data preservation for 30 days + extension).
9. Prescriptive periods (time-bar)
| Offense | Period to file (from discovery) |
|---|---|
| Cyber-libel | 15 years (SC Carlos v. People, G.R. 252543, Oct 10 2023) |
| RA 11313 offenses | 5 years |
| RA 9995 | 10 years |
| Grave threats (RPC) | 10 years |
| Unjust vexation | 1 year |
10. Cost & timeline snapshot (typical gender-based online harassment case)
| Phase | Out-of-pocket | Duration |
|---|---|---|
| Evidence preservation (prints, DVD, notarization) | ₱2 000–₱5 000 | 1 day |
| Sworn complaint drafting (if private counsel) | ₱10 k–₱40 k (flat) | 3–7 days |
| Prosecutor’s preliminary investigation | ₱500–₱2 000 docket; atty. appearance fees vary | 60–120 days |
| Trial | Mostly transport & counsel; filing fees absorbed by Prosecution | 1–3 years |
| Civil damages execution | Sheriff’s fees 1–2 % of award | 6 months–1 year |
11. Practical tips for complainants
- Act quickly. Platforms store IP logs for as short as 90 days; RA 10175 §14 lets law enforcement freeze data only after you spark the process.
- Keep quiet publicly. Posting “I’m suing you!” may invite counter-libel if phrased recklessly.
- Layer remedies. File both criminal & civil; pursue workplace discipline if harasser is a co-worker.
- Mind settlement. Compromise is possible for crimes punishable by fine or arresto menor; cyber-libel is not categorically exempt from amicable settlement but prosecutors rarely allow.
- Use PNP e-Reports. Upload files ≤ 20 MB; bigger archives via Dropbox link.
12. For platforms, schools, and employers
| Entity | Mandatory action on first verified report | Statutory basis | Penalty for non-compliance |
|---|---|---|---|
| Social-media platform | Remove content within 48 h; preserve data 90 days; disable repeat offender accounts | RA 11313 IRR Ch. IV §9 | Administrative fine ₱50 k-₱100 k/instance |
| Private employer | Constitute Committee on Decorum & Investigation (CODI) within 15 days; issue show-cause vs. respondent | RA 11313 §17 | ₱100 k/company & closure |
| School (K-12) | Convene Child Protection Committee; notify parents; refer to guidance counselor | RA 10627, DepEd Order 40-2012 | Suspension of school official’s license |
| Government office | Fact-finding within 15 days; CSC sexual harassment rules | CSC MC No. 11-2021 | Dismissal, forfeiture of benefits |
13. Key forms & templates (suggested headings)
- Affidavit of Complaint
- Joint Affidavit of Print-Out
- Forensic Examiner’s Certification of Hash Value
- Motion for Issuance of Subpoena
- Petition for Issuance of PPO (RA 11313) (Law firms typically keep precedents; the DOJ also posts samples on doj.gov.ph > Downloads.)
14. Conclusion
Online harassment is no longer a “gray area” in Philippine law. Between the Cybercrime Prevention Act and the Safe Spaces Act, nearly every form of digital abuse is already criminalized, with enhanced penalties and victim-centered protective measures. Success, however, still depends on meticulous evidence preservation, prompt filing, and choosing the correct legal basis. By following the workflow above—document, preserve, file with the right agency, and pursue both protective and punitive remedies—a victim maximizes their chances of a swift takedown, a favorable judgment, and meaningful reparations.
This article reflects statutes and jurisprudence in force as of May 19, 2025. Always check for new Supreme Court decisions and amendatory laws before filing.