In the digital age, the line between freedom of speech and criminal conduct often becomes blurred. In the Philippines, individuals who find themselves the target of persistent annoyance, irritation, or online torment have legal recourse through the Revised Penal Code and the Cybercrime Prevention Act.

1. The Concept of Unjust Vexation

Unjust Vexation is a form of light coercion penalized under Article 287 of the Revised Penal Code (RPC). It is often described as a "catch-all" provision for human conduct that, while not necessarily causing physical harm or property damage, results in the annoyance, irritation, or mental distress of another person.

The Legal Standard: The paramount question in unjust vexation is whether the offender's act caused annoyance, irritation, torment, or distress to the mind of the person to whom it was directed.
Intent: It requires "malice" or the intent to cause anxiety or distress. If the act was done in good faith or without the intent to annoy, it may not qualify as unjust vexation.
Examples: Persistent unwanted following, making offensive faces, or repeated disruptive behavior that doesn't escalate to physical threats but makes a person's life miserable.

2. Social Media Harassment and Cybercrime

When harassment moves online, the legal framework shifts toward the Cybercrime Prevention Act of 2012 (Republic Act No. 10175).

While "Unjust Vexation" is an RPC offense, if it is committed through a computer system or social media, the penalty is increased by one degree under Section 6 of RA 10175. Furthermore, harassment online often intersects with other crimes:

Cyber-Libel: Public and malicious imputation of a crime, vice, or defect intended to cause dishonor or contempt.
Safe Spaces Act (Bawal Bastos Law / RA 11313): This law specifically addresses Gender-Based Online Sexual Harassment. This includes:
Unwanted sexual misogynistic, transphobic, homophobic, and sexist remarks.
Online threats, stalking, and uploading/sharing photos or videos without consent to ridicule or humiliate.
Cyberstalking and persistent sending of unwanted profane messages.

3. Elements Required for a Complaint

To successfully file a complaint, the following elements generally need to be established:

The Act: A specific act (or series of acts) was committed by the offender.
Lack of Justification: The act was "unjust"—meaning the offender had no legitimate right to perform the act.
The Effect: The act caused mental distress, annoyance, or irritation to the victim.
Identity: The offender must be identifiable (even if using a pseudonym, digital forensics may be required).

4. The Process of Filing a Complaint

Step A: Evidence Gathering

The success of a harassment case depends heavily on documentation.

Screenshots: Take clear screenshots of the posts, comments, or direct messages. Ensure the timestamps and the profile URLs/names of the offender are visible.
Preservation of Links: Do not just rely on screenshots; save the direct links to the offending content.
Witnesses: Identify people who saw the posts or witnessed the effects of the harassment on your well-being.

Step B: The Barangay Level (If Applicable)

If both parties reside in the same city or municipality, the case must usually go through the Katarungang Pambarangay (Barangay Conciliation) first. A "Certificate to File Action" is required before the case can be elevated to court, unless the case falls under specific exceptions (e.g., the accused is in jail or is a corporation).

Step C: Filing at the Prosecutor's Office

Affidavit-Complaint: Prepare a sworn statement detailing the facts of the harassment. Attach your evidence as "Annexes."
Inquest or Preliminary Investigation: The Prosecutor will determine if there is probable cause to believe a crime was committed and that the respondent is likely guilty.
Filing of Information: If probable cause is found, the Prosecutor files a formal "Information" (the criminal charge) in the appropriate court.

Step D: Reporting to Specialized Units

For social media harassment, victims can seek direct assistance from:

PNP Anti-Cybercrime Group (PNP-ACG)
NBI Cybercrime Division
Department of Justice (DOJ) Office of Cybercrime

5. Penalties and Consequences

Unjust Vexation (Ordinary): Under the adjusted scales of the RPC, the penalty is arresto menor (1 to 30 days imprisonment) or a fine ranging from PHP 1,000 to PHP 40,000.
Cyber-Harassment/Vexation: If the crime is committed via ICT, the penalty is increased by one degree (higher imprisonment duration).
Safe Spaces Act Violations: Penalties for online sexual harassment range from fines (PHP 100,000 to PHP 500,000) and/or imprisonment of prision correccional.

Note on Civil Liability: Aside from criminal charges, a victim may also file a separate civil action for Damages (Article 26 of the Civil Code) for the violation of their peace of mind and private life.