Harassment via Text and Email Laws in the Philippines

A practical, everything-you-need-to-know guide (Philippine context). I’m not your lawyer; this is general information based on laws and jurisprudence known up to mid-2024.

1) Big picture

“Harassment” through SMS, chat, or email isn’t a single crime in the Philippines. Instead, different laws cover what the harasser is doing (threats, sexual remarks, stalking, defamation, doxxing, sharing intimate images, grooming minors, etc.), who is targeted (e.g., women/children), and how it’s done (through information and communications technology, or ICT). The same conduct can trigger criminal, civil, administrative, and protective-order remedies—sometimes all at once.

2) Core legal framework

A. Revised Penal Code (RPC) — classic offenses that can happen by text/email

Grave threats / other threats: Messages that threaten harm or extortion.
Grave coercion / unjust vexation: Coercive demands or persistent nuisance designed to annoy or disturb.
Libel / slander: Defamation in writing (including email/social posts) or orally.
Estafa (swindling), robbery/extortion: “Sextortion,” phishing, or threats tied to money or property.

Tip: If any RPC offense is committed “by and through” ICT, penalties are generally one degree higher under the Cybercrime Prevention Act (see below).

B. Cybercrime Prevention Act of 2012 (RA 10175)

Applies when ICT is the medium (texts, emails, messaging apps, social media, etc.). Key points:

Computer-related identity theft, fraud, forgery: Impersonation or account compromise to harass or defraud.
Cyber libel: Online defamation; upheld as constitutional (with important limits on accomplice liability).
Cybersex / child pornography (in coordination with special laws).
Illegal access, interception, data/system interference, misuse of devices, cybersquatting: If the harasser hacks an account or tampers with data.
One-degree-higher rule: Crimes under the RPC and special laws, when done via ICT, are punished one degree higher.

The Supreme Court also approved special Rules on Cybercrime Warrants, allowing preservation orders, disclosure orders, search/seizure of computer data, and interception under strict court supervision—important for evidence gathering.

C. Safe Spaces Act (RA 11313) — gender-based sexual harassment (including online)

Covers gender-based online sexual harassment (“GBO-SH”), such as:

Sending unwanted sexual remarks, advances, or content by text/email.
Doxxing, stalking, or threats with a gender/sexual component.
Unwanted sharing of intimate info/images; sexist slurs; demands for nude images; etc.

Also imposes duties on employers, schools, and online intermediaries to adopt policies, receive complaints, and act on violations (administrative sanctions may apply on top of criminal liability under other laws).

D. Anti-Violence Against Women and Their Children Act (VAWC, RA 9262)

Protects women and their children from violence by a spouse, ex-spouse, partner (current/former), dating partner, or someone with whom the woman has or had a sexual/dating relationship. Relevant acts include:

Psychological violence, stalking, harassment, and intimidation, including by electronic means (texts, emails, chats).
Victims can seek Protection Orders: Barangay Protection Orders (BPO), Temporary (TPO), and Permanent (PPO) from the courts, commonly including no-contact clauses that cover texting and emailing.

E. Anti-Photo and Video Voyeurism Act (RA 9995)

Punishes recording or sharing intimate images/videos without consent, including by email, text, or messaging apps—even if the person originally consented to the recording but not to the distribution. Often used in “ex-revenge porn” or sextortion scenarios.

F. Child protection laws

Anti-OSAEC and Anti-CSAEM Act (RA 11930) (builds on and strengthens RA 9775): Targets online sexual abuse/exploitation of children and sexual abuse/exploitation materials—including grooming through SMS/email, solicitation of images, live-streaming, etc.
RA 7610 (child abuse) and related statutes can also apply. These laws impose strict, overlapping liabilities, broaden definitions, and set obligations for ISPs/online platforms to cooperate and block content.

G. Data Privacy Act of 2012 (RA 10173)

Covers the processing of personal data. Useful when harassment involves:

Unlawful disclosure or doxxing (publishing personal info without lawful basis).
Unsolicited marketing without consent/opt-out, or misuse of collected emails/numbers. Victims can complain to the National Privacy Commission (NPC) for administrative action and corrective measures (separate from criminal/civil cases).

H. SIM Registration Act (RA 11934)

Requires SIM registration. While not a harassment offense, it helps trace numbers in investigations and penalizes the sale/transfer/misregistration of SIMs used for scams and harassment.

I. E-Commerce Act (RA 8792) & related rules

Punishes hacking and related offenses. Can be invoked when a harasser breaks into email or social accounts to intimidate or embarrass.

J. Anti-Wiretapping Act (RA 4200) — caution

Generally prohibits recording private communications without the consent of all parties (unless a court order/statutory exception applies). Keeping texts/emails you received is not wiretapping; but secretly recording voice calls can create separate criminal exposure. When in doubt, don’t record calls; consult counsel.

3) What specific behaviors map to which laws?

Behavior (by text/email/DM)	Possible criminal charge(s)	Civil/administrative hooks	Notes/Extras
Repeated obscene sexual messages; sexual advances; threats with gendered slurs	Safe Spaces Act; RPC threats/coercion; Cybercrime Act (if via ICT)	Employer/school discipline; platform reporting	If abuser is an intimate/dating partner and target is a woman/child → VAWC + Protection Orders
Publishing/leaking intimate photos/videos; threatening to leak (“sextortion”)	Anti-Voyeurism; Cybercrime Act; robbery/extortion; child-protection laws if minor	Injunction/takedown; damages under Civil Code; platform reporting	Keep originals, links, and headers; request urgent court relief
Defamatory accusations via mass email/social posts	Libel (Cyber libel if online)	Damages (Civil Code Arts. 19/20/21)	ICT use → penalty one degree higher
Doxxing (posting personal info to incite harassment)	Data Privacy Act; Safe Spaces Act; possibly coercion/threats	NPC complaint; damages	Preserve captures of posts and reach
Stalking, constant unwanted messages (“where are you?”, “I’m watching you”), tracking	VAWC (if covered relationship); Safe Spaces Act; unjust vexation/coercion; threats	Protection Orders; workplace/school sanctions	No stand-alone “anti-stalking” law; conduct prosecuted under these provisions
Impersonation via email/text to harass or damage reputation	Computer-related identity theft/fraud/forgery (Cybercrime Act); libel	Damages; platform takedown	Include email headers and domain/WHOIS/“mail-from” data
Harassing solicitations to a minor; grooming	RA 11930 (OSAEC/CSAEM); RA 7610	Platform reporting; urgent law-enforcement referral	Zero tolerance; immediate police/NBI referral
Mass spam texts/emails after withdrawal of consent	Data Privacy Act (unlawful processing)	NPC complaint; telco complaint	Keep opt-out request and continued messages as evidence

4) Evidence: make your case strong

Collect & preserve properly. Electronic messages are admissible under the Rules on Electronic Evidence, subject to authenticity and chain of custody.

Do:

Screenshot full threads (show sender, timestamps, and your number/email), but also export or download the raw data where possible (e.g., email with full headers, chat platform export).
Save files (images, audio, video) in original formats; avoid re-encoding.
Keep devices unchanged; if needed, clone with professional help.
Record a timeline: first contact, frequency, escalation, any threats, and your responses (or non-responses).
Identify platform artifacts: message IDs, profile URLs, user IDs, and any linked phone numbers/emails.
Back up to multiple locations.

Don’t:

Alter messages, crop metadata, or forward without preserving originals.
Secretly record phone calls (risk under Anti-Wiretapping).
Engage or retaliate (it can complicate the narrative).

Forensics and compulsion: Investigators can seek cybercrime warrants to compel telcos/platforms for subscriber info, IP logs, and content (where lawful). Your well-preserved evidence makes these requests precise and credible.

5) Where and how to file

If immediate danger: call local police/PNP, or go to the nearest barangay for Barangay Protection Orders (BPOs) against intimate partners (VAWC).
Police/NBI:
- PNP Anti-Cybercrime Group (ACG) (regional offices nationwide)
- NBI Cybercrime Division Bring IDs, printed/saved evidence, your affidavit, and any witnesses.
City/Provincial Prosecutor: for criminal complaints (with evidence & sworn statements).
Courts:
- TPO/PPO under VAWC (no-contact orders covering texts/emails).
- Injunctions (e.g., to restrain publication/distribution of intimate media).
NPC (Data Privacy): for doxxing/illegal processing or spam without consent/opt-out.
Workplace/school: file under Safe Spaces Act/RA 7877 policies for administrative action.
Platforms: use in-app abuse/privacy channels for content removal and account sanctions.

Venue & jurisdiction: In cyber cases, venue can depend on factors like where the message was sent/received or where the complainant resides (varies by offense). Prosecutors help determine the proper venue.

6) Remedies at a glance

Criminal: Arrest, prosecution, fines, and imprisonment (often higher if ICT is used).
Civil: Damages for mental anguish, impairment of reputation, humiliation, and injunctive relief (Civil Code Arts. 19/20/21 and related).
Administrative: NPC orders/sanctions; employer/school discipline; platform account actions.
Protection Orders (VAWC): BPO, TPO, PPO—can expressly ban all forms of contact, including SMS, email, and chats.

7) Practical playbooks

If you’re being harassed right now

Stop engaging; block if safe (but screenshot first).
Preserve evidence (screenshots + raw headers/logs).
Identify the relationship (intimate/dating? workplace? school? stranger?) to pick the fastest track (VAWC, Safe Spaces, NPC, police).
Report to platform for takedown/account action.
File with PNP ACG/NBI; request guidance on cyber warrants/subpoenas.
Consider a TPO/PPO (and BPO if VAWC applies).
Seek counseling/support—courts take psychological harm seriously.

For parents/schools (minors)

Treat as child protection; escalate to RA 11930 fast.
Preserve the child’s devices; avoid deleting messages.
Coordinate with guidance offices and PNP/NBI; follow school Safe Spaces/Anti-Bullying protocols.

For employers (workplace)

Maintain written policies/procedures under the Safe Spaces Act.
Provide confidential reporting, prompt investigation, and discipline where warranted.
Support victims in evidence preservation and referrals.

8) Defenses & limits to keep in mind

Free speech vs. harassment: Criticism is not harassment; but threats, targeted abuse, sexual harassment, doxxing, or defamation cross legal lines.
Truth and privilege are defenses to defamation, but manner of publication and malice still matter.
Good-faith reporting to authorities/employers is commonly privileged.
Wiretap risks: Don’t illegally record calls to “get evidence.”

9) Cross-border & anonymous offenders

Cybercrime law allows extraterritorial reach in specific scenarios (e.g., when any element is in the Philippines or a Filipino is affected), and agencies can use MLATs and international cooperation.
SIM registration helps but isn’t foolproof (burner SIMs, spoofing). Investigators lean on platform logs, IP data, device forensics, and financial trails.

10) Frequently asked quick checks

“Is sending me 50 emails a day illegal?” The pattern and content matter. If they’re threatening, sexual, or coercive, or part of stalking—yes, there are charges. If they’re merely annoying, unjust vexation or Data Privacy remedies (for spam) may apply.
“Can I post their number to warn others?” Risky. You could trigger privacy or even defamation exposure. Safer to report to platforms/police.
“Can I record the next call?” Not without all-party consent (Anti-Wiretapping). Instead, save texts/emails and seek help.
“Do courts accept screenshots?” Yes, with proper authentication (who sent them, when, how captured). Original digital files/headers are even better.

11) Document templates (starter outline)

Affidavit of Complaint:
1. Your identity; 2) Relationship to respondent (if any); 3) Chronology of messages (dates/times, platforms); 4) Nature of harm (threats, sexual harassment, defamation, stalking, doxxing, etc.); 5) Steps taken (blocking, reporting); 6) Attachments (screenshots, headers, links); 7) Prayer for relief (criminal action, warrants, protection order).
Demand / Cease-and-Desist Letter: Identify unlawful acts, demand immediate cessation, preservation of evidence, non-disclosure of personal data, and warn of criminal/civil actions.

(A lawyer can tailor these to maximize legal effect and preserve options.)

12) Key takeaways

There is no single “anti-harassment” statute—you combine Cybercrime, Safe Spaces, VAWC, Voyeurism, Child Protection, Data Privacy, and the RPC depending on the facts.
Evidence discipline wins cases: preserve originals, headers, logs.
Use multiple tracks: criminal complaint, protection order, civil damages, administrative relief, and platform takedowns.
Move fast in cases involving intimate images or minors.

If you want, tell me your scenario (briefly, no names) and I’ll map the exact charges, proofs to collect, and filing options step-by-step.