Handling Text Message Harassment in the Philippines

Text message harassment—persistent, unwanted, threatening, insulting, or sexually explicit SMS or messaging app communications—has become one of the most common forms of personal violation in the Philippines. With near-universal mobile phone penetration, harassers can reach victims anonymously or pseudonymously, causing fear, anxiety, humiliation, and psychological harm. Philippine law treats such acts seriously and provides multiple overlapping remedies under criminal, civil, and administrative frameworks.

What Constitutes Text Message Harassment?

Not every unwanted message is legally actionable. The following typically qualify as harassment:

• Repeated messages despite clear requests to stop
• Threats of physical harm, death, rape, or exposure of private information
• Sexually explicit content, lewd remarks, or unsolicited nude images
• Insults, slanderous statements, or messages intended to shame or humiliate
• Stalking-type behavior (constant monitoring, “where are you,” “I saw you”)
• Messages that cause alarm, fear, or substantial emotional distress

A single extremely threatening message can already constitute grave threats. Repeated annoying messages, even if not overtly threatening, can fall under unjust vexation.

Primary Laws Governing Text Message Harassment

1. Revised Penal Code (Act No. 3815, as amended)

   • Art. 282 – Grave Threats – Threatening to kill, rape, or inflict serious harm: imprisonment up to arresto mayor (1–6 months) or prision correccional (6 months–6 years) depending on severity.
   • Art. 283 – Light Threats – Threats that do not amount to a crime (e.g., “I will slap you”): arresto menor (1–30 days).
   • Art. 287 – Light Coercions / Unjust Vexation – The most commonly used provision for persistent annoying or alarming text messages that vex or annoy the victim without constituting a more specific crime. Penalty: arresto menor (1–30 days) or fine up to ₱40,000. Courts routinely convict harassers under this article for repeated unwanted texts.
   • Art. 353 – Libel – When the messages contain defamatory imputations. If sent via SMS or messaging app, it becomes cyber libel (see below).

2. Republic Act No. 10175 – Cybercrime Prevention Act of 2012
   Section 4(c)(4) punishes libel committed through a computer system or any other similar means, including mobile phones. Penalty is one degree higher than ordinary libel (prision correccional in its minimum and medium periods → prision mayor, 6 years 1 day to 12 years).
   Repeated harassing messages using electronic devices also fall under “computer-related identity theft” or “cyber harassment” jurisprudence even if not explicitly labeled as such.

3. Republic Act No. 9262 – Anti-Violence Against Women and Their Children Act of 2004
   Covers dating, live-in, or marital relationships (including ex-partners). Psychological violence through repeated text messages that cause mental or emotional suffering is punishable by prision mayor (6–12 years). Victims can immediately obtain a Barangay Protection Order (BPO), Temporary Protection Order (TPO), or Permanent Protection Order (PPO) from the barangay or court. The law applies even if the parties are no longer together.

4. Republic Act No. 11313 – Safe Spaces Act (Bawal Bastos Law) of 2018
   Explicitly covers gender-based sexual harassment in public spaces, workplaces, educational institutions, and online/digital spaces.
   Acts punished include:

   • Catcalling, wolf-whistling, unwanted sexual invitations via text
   • Persistent unwanted messages with sexual content
   • Sending unsolicited genital images (“cyber flashing”)
     Penalties range from ₱1,000–₱500,000 fine and/or 6 months to 6 years imprisonment depending on severity. The law applies regardless of the victim’s gender if the act is gender-based.

5. Republic Act No. 9995 – Anti-Photo and Video Voyeurism Act of 2009
   Sending unsolicited nude or sexually explicit photos/videos of oneself or others without consent is punishable by prision correccional (6 months–6 years) and fine of ₱100,000–₱500,000.

6. Republic Act No. 10173 – Data Privacy Act of 2012
   If the harasser uses personal data (obtained from data breaches, social media, or common friends) to harass, the victim may file a complaint with the National Privacy Commission (NPC) for violation of data privacy rights, in addition to criminal charges.

Practical Steps When You Are Being Harassed via Text

1. Document Everything

   • Screenshot every message with visible date, time, and mobile number or username.
   • Do not delete the original messages.
   • Save call logs if there are accompanying missed calls.
   • Note the emotional/psychological impact (anxiety, fear, inability to sleep, etc.)—this is crucial for VAWC or Safe Spaces cases.

2. Tell the Harasser to Stop (One Time Only)
   Send a single clear message: “Stop sending me messages. This is harassment. I will file charges.” Then block and do not engage further. Continued messages after this warning strengthen your case.

3. Block the Number and Report to Telco
   Globe, Smart, DITO, and TNT allow reporting of spam/harassment:

   • Globe: Forward message to 2158-8888 or use the GlobeOne app
   • Smart/TNT: Forward to 7726 (SPAM)
   • The telco is required by NTC Memorandum Circular 03-03-2018 to act within 24–48 hours and may permanently blacklist the number.

4. Go to the Barangay (for non-VAWC cases)
   If the harasser is known and the acts are minor, file for mediation and obtain a Barangay Protection Order (if applicable under Safe Spaces Act) or Certificate to File Action.

5. File a Police Blotter and Complaint
   Go to the nearest police station (preferably the Women and Children Protection Desk). Bring screenshots, affidavits of witnesses, and identification.
   For cybercrime cases, file with the PNP Anti-Cybercrime Group (ACG) at Camp Crame or regional offices. They can preserve digital evidence and trace numbers even if unregistered.

6. File the Criminal Complaint at the Prosecutor’s Office
   Common charges filed together:

   • Unjust Vexation + Cybercrime (if via electronic means)
   • Grave/Light Threats
   • Violation of RA 9262 (if intimate relationship)
   • Violation of RA 11313 (gender-based sexual harassment)
     The prosecutor conducts preliminary investigation and files the Information in court if probable cause exists.

7. Seek Immediate Protection Orders
   Under RA 9262 or RA 11313, you can file for TPO/PPO at the Regional Trial Court (Family Court if VAWC). The court can order the harasser to stay away, surrender firearms, or stop all communication. Violation of a protection order is a separate crime.

8. File Civil Damages
   You may claim moral damages (₱50,000–₱500,000 typical awards), exemplary damages, and attorney’s fees under Articles 19, 20, 21, 26, 2219 of the Civil Code for abuse of rights and violation of dignity.

Landmark Cases and Jurisprudence

• Disini v. Secretary of Justice (G.R. No. 203335, 2014) – Upheld the constitutionality of online libel under RA 10175; clarified that SMS and messaging apps are covered.
• People v. XXX (Numerous MTC/RTC decisions) – Hundreds of convictions for unjust vexation via repeated text messages (“Gud pm po,” “Hi miss u” sent 50 times daily) have been upheld.
• VAWC cases – Supreme Court has repeatedly ruled that incessant text messages causing mental anguish constitute psychological violence (e.g., Acharon v. People, G.R. No. 224946, 2021).
• Safe Spaces Act convictions – Since 2019, courts have convicted offenders for sending unsolicited lewd messages or “dick pics” even on first offense if egregious.

Special Situations

• Harassment by unknown number – Still actionable. PNP-ACG can subpoena subscriber information from telcos.
• Harassment at work – File with company HR (RA 7877 – Anti-Sexual Harassment Act) and DOLE.
• Minors involved – Automatic RA 7610 (Child Abuse) or RA 9775 (Anti-Child Pornography) if sexual content.
• LGBTQ+ victims – Safe Spaces Act explicitly protects against sexual orientation and gender identity/expression (SOGIE)-based harassment.

Prevention Tips

• Never share your number publicly.
• Use privacy settings on social media.
• Register your number in the National Privacy Commission’s opt-out list for marketing texts.
• Use call/SMS blocking apps (Truecaller, Globe Stop Spam, etc.).
• Report suspicious numbers immediately to telcos.

Text message harassment is never the victim’s fault. Philippine law provides strong, multi-layered protection. Victims who come forward almost always obtain convictions or protection orders when evidence is preserved properly. If you are experiencing this, act immediately—the law is on your side.