Harassment Complaint Procedures Philippines

A Philippine legal article

I. Introduction

In the Philippines, “harassment” is not always a single stand-alone crime or cause of action under one unified statute. Rather, the term commonly refers to a range of abusive, intimidating, humiliating, coercive, threatening, unwanted, or discriminatory acts that may fall under different legal frameworks depending on the setting, the relationship of the parties, the nature of the conduct, and the harm caused. A workplace harassment complaint does not proceed exactly like a sexual harassment complaint in school. Online harassment may implicate cybercrime laws, defamation rules, privacy law, or gender-based online sexual harassment provisions. Repeated intimidation by a neighbor may involve barangay intervention, threats, unjust vexation, grave coercion, or violence against women and children laws, depending on the facts.

Because of this, understanding harassment complaint procedures in the Philippines requires a setting-based and law-based analysis. The correct procedure depends on where the act happened, who committed it, who suffered it, whether the act is sexual or nonsexual, whether it occurred online or offline, and whether the case is administrative, civil, criminal, labor-related, school-related, or community-based.

This article explains the Philippine legal framework on harassment, identifies the most common categories of harassment recognized in Philippine law, and sets out the complaint procedures available before employers, schools, barangays, police authorities, prosecutors, courts, and government agencies.

II. What “harassment” means in Philippine legal practice

Philippine law uses more specific legal categories rather than one broad all-purpose offense called “harassment.” What people describe as harassment may actually constitute one or more of the following, depending on the facts:

• sexual harassment;
• gender-based sexual harassment;
• workplace harassment or hostile work environment;
• abuse of authority;
• discrimination;
• bullying or abuse in educational settings;
• threats;
• coercion;
• unjust vexation;
• alarm and scandal;
• stalking-like conduct or repeated intimidation;
• acts of lasciviousness;
• oral defamation, slander, libel, or cyber libel;
• intrusion into privacy;
• cyber harassment or online abuse;
• violence against women and children;
• psychological violence;
• safe spaces violations in public or online settings;
• conduct prejudicial to service in government employment;
• administrative misconduct in regulated professions or public office.

Thus, the first procedural question is not merely, “Was there harassment?” It is, “What kind of harassment was committed, in what setting, by whom, against whom, and what law governs the complaint?”

III. Main Philippine legal frameworks relevant to harassment complaints

A harassment complaint in the Philippines may arise under one or several bodies of law at once.

A. Sexual harassment law

Sexual harassment has long been regulated in Philippine law, especially in work, training, and educational environments involving authority, influence, or moral ascendancy. Sexual demands, advances, requests for sexual favor, or sexually charged conduct tied to work or school consequences have traditionally fallen within this framework.

B. Gender-based sexual harassment and safe spaces law

Philippine law later expanded protection beyond the traditional superior-subordinate context. Unwanted sexual remarks, sexist slurs, catcalling, stalking, online harassment, misogynistic attacks, and other gender-based sexual harassment may now be addressed even outside classic employer-teacher-supervisor relationships.

C. Labor law and workplace disciplinary processes

Harassing conduct in the workplace may also violate company rules, codes of conduct, labor standards, occupational safety obligations, and anti-discrimination policies. Even if conduct does not fit neatly into a criminal case, it may still be administratively punishable in employment.

D. Education law and school regulations

Schools are required to address harassment, abuse, bullying, and sexual misconduct through internal disciplinary and protective procedures. Complaints may be handled administratively even while criminal or civil proceedings are pursued separately.

E. Penal law

Some harassment-related conduct constitutes crimes under the Revised Penal Code or special laws, such as threats, coercion, unjust vexation, acts of lasciviousness, defamation, light offenses, or violence-related offenses.

F. Violence against women and their children law

Where harassment is part of abuse by an intimate partner, former partner, spouse, former spouse, or the father of the woman’s child, or is directed against a child in covered relationships, the matter may fall under the anti-VAWC framework, especially if psychological violence, intimidation, stalking-like conduct, or economic abuse is involved.

G. Cybercrime and digital rights law

Online harassment may implicate cyber libel, unlawful access, identity misuse, voyeurism-related violations, privacy violations, and gender-based online sexual harassment.

H. Administrative law and public service discipline

If the respondent is a public official, government employee, teacher in public service, police officer, or licensed professional, administrative liability may arise before the relevant disciplining authority in addition to criminal or civil liability.

IV. The most important first step: classify the harassment correctly

Complaint procedure in the Philippines begins with classification. The complainant must identify which of the following best describes the case.

A. Workplace harassment

This includes harassment by a boss, coworker, subordinate, client, contractor representative, or other person within the work environment. It may be sexual or nonsexual. It may lead to:

• internal company complaint;
• administrative investigation;
• labor complaint;
• criminal complaint if the acts are criminal;
• administrative complaint before a government disciplining authority if the employer is a government office.

B. Sexual harassment in education or training

This may involve teachers, professors, deans, advisers, coaches, trainers, or any person exercising authority, influence, or moral ascendancy, as well as peer-based gender harassment depending on the facts and school policies.

C. Public-space harassment

This includes catcalling, unwanted sexual comments, sexist insults, persistent following, public indecent conduct, unwanted touching, intimidation, or lewd gestures in streets, transport, commercial spaces, and similar places.

D. Online harassment

This includes abusive messages, threats, stalking-like repetition, posting intimate content, humiliating sexual remarks, doxxing, cyber libel, identity-based attacks, and repeated digital intimidation.

E. Domestic or relationship-based harassment

Repeated harassment by a spouse, ex-partner, live-in partner, boyfriend, ex-boyfriend, or similar covered person may qualify as psychological violence, coercive control, or other VAWC-related acts.

F. Neighborhood or community harassment

This may involve persistent threats, intimidation, insults, acts causing annoyance, coercion, and similar conduct between neighbors or private individuals not in a workplace or school hierarchy. Barangay procedures often become relevant here.

G. Government-office harassment

If committed by a public officer or employee, the complaint may be administrative, criminal, or both.

A single case may fit multiple categories at once.

V. Core procedural pathways for harassment complaints in the Philippines

A harassment complaint may proceed through one or more of these channels:

1. Internal administrative complaint before an employer, school, or institution.
2. Barangay conciliation for disputes between private individuals where required by law.
3. Police blotter and assistance for documentation, protective intervention, and referral.
4. Complaint-affidavit before the prosecutor for criminal cases.
5. Direct court action in situations where the law allows or where immediate judicial relief is needed.
6. Protection order proceedings in VAWC and similar urgent cases.
7. Labor complaint if the harassment causes unlawful dismissal, constructive dismissal, discrimination, or labor rights violations.
8. Administrative complaint against public officials or regulated persons.

The correct path depends on the facts, and in many cases more than one path is available.

VI. Internal workplace harassment complaint procedure

In the Philippines, workplace harassment complaints often begin internally, especially where the respondent is a coworker, supervisor, manager, or officer.

A. Filing the internal complaint

The complainant usually submits a written complaint to HR, the designated committee, the ethics office, a grievance officer, or the management representative identified in company policy. The complaint should state:

• the full names of the complainant and respondent;
• their positions and relationship in the workplace;
• dates, places, and circumstances of the acts;
• exact words, messages, gestures, or actions complained of;
• whether there were witnesses;
• any documentary or digital evidence;
• the relief requested, such as investigation, protection from retaliation, transfer, leave, or sanctions.

Although some companies allow oral reporting initially, a written complaint is much stronger procedurally.

B. Receipt and preliminary action

Once received, the employer should document the complaint, assess immediate safety concerns, and consider interim measures, such as:

• separating the parties where necessary;
• changing reporting lines;
• placing limits on direct contact;
• preserving CCTV, emails, chats, or records;
• reminding parties against retaliation;
• placing the respondent under preventive measures where justified by policy and law.

C. Investigation and due process

The employer must observe procedural fairness. This usually includes:

• notice to the respondent;
• opportunity to submit an explanation;
• fact-finding or formal hearing if required by policy;
• evaluation of documents, chats, witness statements, and surrounding circumstances;
• issuance of findings and disciplinary action where warranted.

An employer that ignores a well-founded harassment complaint may expose itself to further liability, especially where the workplace is rendered unsafe or hostile.

D. Possible outcomes

Possible internal outcomes include:

• dismissal of the complaint for insufficiency;
• written warning;
• suspension;
• demotion where lawful;
• dismissal of the respondent for serious misconduct or related grounds;
• corrective training;
• transfer or workplace adjustments;
• referral to law enforcement.

E. Retaliation concerns

Retaliation against a complainant, witness, or reporting employee is itself a serious issue. A complainant who is isolated, demoted, reassigned punitively, or dismissed after reporting harassment may also have separate labor or administrative claims.

VII. Sexual harassment complaint procedures in schools and training institutions

Educational institutions in the Philippines are expected to maintain mechanisms to receive and investigate complaints involving sexual harassment and gender-based misconduct.

A. Who may complain

A student, trainee, intern, applicant, parent, guardian, or affected party may file, depending on the institution’s policy and the circumstances. In some cases, school officials may also initiate proceedings motu proprio based on reports or observed conduct.

B. Where to file

Complaints are commonly filed with:

• the school’s discipline office;
• anti-sexual harassment committee;
• gender and development office;
• guidance office;
• dean, principal, or head administrator;
• university legal office or equivalent body.

C. Contents of the complaint

A school complaint should identify:

• parties involved;
• course, year, section, office, or institutional affiliation;
• detailed narrative of acts;
• dates and locations;
• messages, screenshots, photos, recordings, or written notes;
• witnesses or persons told immediately after the incident;
• impact on the complainant’s safety, attendance, performance, or well-being.

D. Protective measures

Schools may adopt interim measures such as:

• class or schedule adjustment;
• no-contact directives;
• restricted access;
• special accommodations for exams, attendance, or lodging;
• referral for counseling;
• coordination with parents or guardians where appropriate.

E. Administrative discipline and parallel actions

School discipline is separate from criminal proceedings. A student or employee may be administratively sanctioned even if no criminal conviction has yet been obtained, because the standards of proof and purposes differ.

VIII. Public-space and street harassment complaint procedure

Harassment in streets, transport systems, restaurants, malls, parks, and other public spaces may be dealt with through local enforcement, police assistance, and criminal or administrative reporting depending on the conduct.

A. Immediate reporting

The complainant may immediately report to:

• the nearest police officer;
• barangay officials if appropriate;
• transport or mall security;
• local enforcement officers;
• women and children protection desks where relevant.

B. Documentation

Key evidence includes:

• photographs or video;
• CCTV requests;
• names of witnesses;
• details of the location and time;
• exact words or acts;
• vehicle plate numbers or identifying details.

C. Complaint escalation

Depending on the act, the case may proceed as:

• a local enforcement matter;
• a criminal complaint before the prosecutor;
• a complaint under safe spaces rules;
• a barangay matter if the circumstances and parties make conciliation applicable.

Where the act involves threats, touching, stalking-like persistence, or physical aggression, more immediate criminal processes may be appropriate.

IX. Online harassment complaint procedure

Online harassment in the Philippines is increasingly common and legally significant. The procedure varies with the content of the abuse.

A. Preserve digital evidence immediately

The complainant should preserve:

• screenshots showing full username, handle, date, and timestamp if visible;
• URLs;
• profile links;
• message headers or email metadata where available;
• post history;
• recordings of disappearing content if lawfully captured;
• witness screenshots from third parties;
• backup copies stored securely.

Deleting messages too early may weaken the case.

B. Platform reporting

The complainant should use the platform’s reporting tools for abusive content, impersonation, nonconsensual intimate content, threats, or harassment. Platform reporting does not replace legal action but may reduce continuing harm.

C. Police and cybercrime reporting

For serious online harassment, the complainant may approach police units handling cyber-related complaints or the appropriate law enforcement desk. This is especially important where the conduct includes:

• threats;
• extortion;
• release of intimate images;
• persistent stalking;
• fake accounts used for impersonation;
• sexualized online abuse;
• cyber libel;
• doxxing or disclosure of personal data.

D. Criminal complaint process

A complaint-affidavit may be filed with the prosecutor supported by digital evidence and authentication where needed. Depending on the case, investigators may trace accounts, IP-related leads, devices, or account-linked information subject to lawful procedures.

E. Special concern: gender-based online sexual harassment

Sexual comments, repeated lewd messages, unsolicited sexual content, uploading intimate content, misogynistic abuse, threats of release of private material, and online stalking may trigger stronger protection mechanisms and should be documented carefully.

X. Barangay complaint procedures

The barangay remains an important first forum in many Philippine disputes between individuals residing in the same city or municipality, subject to exceptions. Whether barangay conciliation is required depends on the nature of the parties, their residences, and the type of offense or relief sought.

A. When barangay conciliation may be relevant

Barangay procedures often arise where harassment occurs between:

• neighbors;
• acquaintances in the same locality;
• private individuals in minor disputes;
• parties whose dispute is not yet the subject of formal court action and is not exempt from conciliation.

B. Filing the complaint

A written or oral complaint may be lodged before the Punong Barangay. The barangay will record the matter and summon the parties for mediation.

C. Mediation and conciliation stages

The usual sequence involves:

• mediation by the Punong Barangay;
• if unresolved, constitution of the Pangkat ng Tagapagkasundo;
• conciliation proceedings;
• issuance of the appropriate certification if settlement fails.

D. Importance of barangay certification

In disputes requiring prior barangay conciliation, the certification to file action may become a procedural prerequisite before certain court complaints proceed.

E. Limits of barangay power

Barangays do not try serious criminal cases in the judicial sense. They facilitate settlement where legally allowed. If the conduct involves immediate danger, serious violence, urgent criminal acts, or protected categories requiring prompt police or court action, barangay handling is not the only or necessarily the correct remedy.

XI. Police reporting and blotter procedures

Many complainants go first to the police. This serves several purposes.

A. Documentation

A police blotter entry creates an early official record of the complaint, the date, the parties, and the reported conduct. This can later support credibility, chronology, and urgency.

B. Immediate safety response

Police may assist where there is:

• ongoing intimidation;
• stalking-like following;
• threats of violence;
• actual physical contact;
• domestic abuse;
• imminent risk.

C. Referral function

Police commonly refer complainants to:

• the prosecutor’s office for filing of criminal complaints;
• women and children protection desks;
• medico-legal examination where needed;
• shelters or social workers;
• barangay for matters appropriate to conciliation;
• cybercrime units for online abuse.

D. Limits of blotter entries

A police blotter is not itself a final finding of guilt. It is a record. A formal case still requires the proper complaint process.

XII. Criminal complaint procedure before the prosecutor

Where harassment constitutes a criminal offense, the usual formal route is filing a complaint-affidavit before the Office of the City or Provincial Prosecutor, often after police assistance or direct preparation by counsel.

A. Preparation of the complaint-affidavit

The complaint-affidavit should state in a chronological and precise manner:

• identity of complainant and respondent;
• relationship of the parties;
• dates, times, and places;
• exact acts or statements;
• why the acts constitute the offense charged;
• supporting evidence and witnesses.

Annexes may include:

• screenshots;
• chat logs;
• photos or videos;
• medical certificates;
• school or workplace records;
• affidavits of witnesses;
• barangay records where relevant;
• police blotter excerpts;
• demand letters or prior reports.

B. Filing and docketing

The complaint is filed and docketed. The prosecutor then evaluates whether the complaint is sufficient in form and substance and may require supporting affidavits.

C. Counter-affidavit of the respondent

The respondent is usually directed to submit a counter-affidavit and evidence. This is a key stage because criminal complaints in the Philippines often proceed first through preliminary investigation or similar prosecutorial evaluation.

D. Resolution

The prosecutor determines whether probable cause exists. If yes, the proper information may be filed in court. If not, the complaint may be dismissed, subject to available remedies under procedural law.

E. Importance of precise legal theory

Because “harassment” is often a lay term, the complaint must connect the facts to actual punishable offenses or statutory violations. A vague complaint that merely says “I was harassed” is weaker than one that specifies threats, coercion, acts of lasciviousness, cyber libel, unjust vexation, safe spaces violations, or VAWC-related psychological violence, as supported by facts.

XIII. Harassment complaints under VAWC-related procedures

Where the harassment is committed by a person covered by the anti-VAWC framework and involves psychological violence, intimidation, coercive behavior, repeated threats, stalking-like conduct, humiliation, or digital abuse, the complainant may pursue relief under that legal regime.

A. Who may initiate

The offended woman, sometimes with assistance from family members, social workers, police officers, barangay officials, or lawyers depending on procedural context.

B. Protection orders

One of the most significant features of VAWC-related procedure is the availability of protection orders, such as:

• barangay protection orders in appropriate cases;
• temporary protection orders;
• permanent protection orders.

These are designed to stop further harassment, threats, contact, intimidation, or abuse.

C. Parallel criminal and protective actions

The complainant may simultaneously seek criminal accountability and protective relief.

D. Why this path matters

This route is often procedurally powerful because it centers immediate protection, not only punishment after prolonged litigation.

XIV. Administrative complaints against public officials and employees

If the respondent is a public officer, government employee, judge, police officer, teacher in public school, or other state actor, harassment may be addressed through administrative proceedings independent of criminal prosecution.

A. Where to file

Depending on the office and position of the respondent, the complaint may be filed with:

• the agency head;
• the department’s internal disciplinary office;
• the Civil Service-related disciplinary framework;
• the ombudsman in proper cases;
• judicial or quasi-judicial disciplinary bodies where applicable;
• internal affairs or professional standards offices for uniformed services.

B. Standard of administrative proceedings

Administrative liability generally uses a different evidentiary standard from criminal cases. Thus, a respondent may be administratively sanctioned even if criminal conviction has not been secured.

C. Possible sanctions

These may include:

• reprimand;
• suspension;
• forfeiture of benefits where authorized;
• dismissal from service;
• disqualification from public employment;
• other disciplinary penalties.

XV. Labor remedies when workplace harassment leads to employment injury

A harassment case may also become a labor case where the complainant suffers adverse employment consequences.

A. Constructive dismissal

If harassment becomes so severe that continued work becomes impossible, humiliating, or unsafe, and the employee is forced to resign, the resignation may be challenged as constructive dismissal.

B. Illegal dismissal after complaint

An employee terminated after filing a harassment complaint may challenge the dismissal as retaliatory and unlawful.

C. Discrimination and hostile work environment

Even where no single criminal act is established, repeated discriminatory or degrading conduct may still support internal discipline, labor claims, and employer liability depending on the circumstances.

D. Reliefs

Potential labor relief may include:

• reinstatement;
• backwages;
• separation pay where appropriate;
• damages;
• attorney’s fees in proper cases.

XVI. Civil actions related to harassment

Apart from criminal and administrative cases, civil liability may arise from harassing conduct.

A. Damages

Harassment may justify claims for:

• moral damages;
• exemplary damages in proper cases;
• actual or compensatory damages;
• nominal damages in some settings.

B. Independent civil actions

Some situations permit civil actions based on rights violations, abuse, defamation, privacy intrusion, or quasi-delict principles, depending on the facts and procedural posture.

C. Injunctive relief

Where continuing acts are causing immediate harm, judicial relief to restrain ongoing conduct may be explored when legally supportable.

XVII. Evidentiary requirements in harassment complaints

Evidence is often the decisive factor in Philippine harassment cases.

A. Best evidence to preserve

The complainant should preserve:

• screenshots with visible account details;
• text messages and chat logs;
• emails;
• voice recordings where lawfully obtained and usable;
• CCTV footage requests;
• photographs of injuries, locations, or property damage;
• medical or psychological records where relevant;
• affidavits from witnesses;
• school or HR complaint records;
• police blotter entries;
• barangay summons and certifications.

B. Chronology matters

A dated timeline is extremely helpful. It should identify:

• each incident;
• who was present;
• what was said or done;
• what the complainant did afterward;
• who was informed.

C. Corroboration

While some harassment occurs in private, corroboration may still be drawn from surrounding evidence such as contemporaneous messages to friends, behavioral changes noted by others, repeated patterns, CCTV movement, call logs, and institutional reports.

XVIII. Standard procedural mistakes complainants should avoid

Many harassment complaints weaken because of avoidable mistakes.

A. Using only vague conclusions

A complaint should not merely say “I was harassed.” It should narrate the specific acts.

B. Delayed preservation of evidence

Digital content may disappear quickly. Immediate preservation is critical.

C. Filing in the wrong forum only

A complainant may spend months in an internal process when urgent police, prosecutor, or protection-order remedies were needed.

D. Deleting messages after reading

Even humiliating messages should be preserved until properly documented.

E. Failing to identify witnesses

Witnesses may include people who saw the act, heard the act, received immediate reports, or can authenticate digital exchanges.

F. Ignoring retaliation

Retaliation should itself be documented and reported.

XIX. Rights of the respondent and due process concerns

Harassment procedures in the Philippines must also respect due process. The respondent generally has the right to:

• know the allegations;
• receive notice;
• answer the complaint;
• submit evidence;
• be heard where procedure provides;
• receive a reasoned outcome.

This is especially important in workplace, school, and administrative proceedings. Protective measures may be adopted, but they should still be anchored in lawful procedures.

XX. Confidentiality and privacy considerations

Harassment complaints often involve sensitive information. Institutions handling such complaints should minimize unnecessary disclosure, protect records, and avoid secondary victimization. At the same time, privacy should not be used to suppress legitimate complaints or shield wrongdoers from accountability.

In digital cases, complainants should be careful about reposting intimate or harmful content for “proof” in a way that causes further dissemination. Evidence should be preserved and submitted through proper channels.

XXI. Intersection with defamation and false accusation issues

Not every failed harassment complaint is a false accusation, and not every denial by a respondent defeats the complaint. Still, parties must take care that public accusations are grounded in factual reporting and proper procedure. Public posting before formal filing can create collateral disputes over defamation, privacy, or retaliatory litigation, especially when facts are still being gathered.

This does not mean silence is required. It means that legal procedure and careful evidence handling matter.

XXII. Special issues involving minors and vulnerable persons

When the complainant is a minor, student, person with disability, dependent employee, or other vulnerable person, institutions and authorities should take greater care in interviewing, protection, and evidence handling. Parents, guardians, social workers, school officials, or women and children protection personnel may become necessary participants in the procedure.

The presence of a minor may also shift the legal characterization of the conduct into more serious categories.

XXIII. Practical step-by-step roadmap for complainants

A complainant in the Philippines generally benefits from the following sequence:

Step 1: Write down the facts immediately

Prepare a detailed chronology while memory is fresh.

Step 2: Preserve all evidence

Take screenshots, download emails, list witnesses, and secure records.

Step 3: Assess immediate safety

If there is danger, seek police help, protection orders, school protection, workplace separation, or emergency support immediately.

Step 4: Identify the setting

Determine whether the matter is workplace, school, neighborhood, online, domestic, public-space, or government-service related.

Step 5: File in the primary forum

Submit the complaint to HR, school authorities, barangay, police, prosecutor, or the relevant administrative office as the facts require.

Step 6: Consider parallel remedies

A case may justify internal discipline, criminal complaint, labor case, administrative complaint, and protection-order relief at the same time.

Step 7: Document retaliation and subsequent incidents

Further harassment after filing often becomes crucial evidence.

XXIV. Practical step-by-step roadmap for institutions

Employers, schools, and government offices should have a defensible harassment response procedure:

1. receive the complaint formally;
2. assess immediate risk;
3. preserve records and evidence;
4. prevent retaliation;
5. identify the proper disciplinary body;
6. notify the respondent and require an answer;
7. conduct a fair fact-finding process;
8. impose interim protection where needed;
9. render a written decision;
10. coordinate with authorities if criminal conduct appears.

An institution that trivializes or suppresses harassment complaints may incur separate liability.

XXV. Common legal characterizations of “harassment” in Philippine complaints

What complainants call harassment may legally be framed as one or more of the following:

• sexual harassment;
• gender-based sexual harassment;
• acts of lasciviousness;
• unjust vexation;
• grave threats or light threats;
• grave coercion or unjust coercion;
• slander, libel, or cyber libel;
• intrusion into privacy;
• VAWC-related psychological violence;
• workplace misconduct;
• conduct unbecoming or prejudicial to service;
• school disciplinary offense;
• bullying or abuse.

The stronger complaint is the one that identifies the proper legal frame without losing the full factual narrative.

XXVI. Conclusion

Harassment complaint procedures in the Philippines are plural rather than singular. There is no one universal filing path for every kind of harassment. The correct procedure depends on the context: workplace, school, public space, online platform, domestic relationship, barangay dispute, or government service. It also depends on whether the case is primarily administrative, criminal, labor-related, civil, or protective in nature.

The most effective harassment complaint is one that is promptly documented, properly classified, filed in the correct forum, supported by preserved evidence, and pursued with awareness that several remedies may coexist. In Philippine practice, a complainant may need to move simultaneously through institutional procedure, police documentation, prosecutorial complaint, labor remedy, or protection-order process depending on the gravity and setting of the conduct.

Ultimately, successful handling of harassment complaints in the Philippines turns on four things: correct legal characterization, proper forum selection, timely evidence preservation, and procedural follow-through.