How to File a Case for Concubinage and Psychological Violence

In the Philippines, the digital landscape is governed by stringent laws designed to protect individuals from defamation, harassment, and "shaming" in the virtual space. When a post, comment, or message crosses the line from free speech to targeted harassment, the legal system provides several avenues for redress.


1. Legal Frameworks for Online Harassment

Several laws overlap to cover various forms of online misconduct. Identifying which law applies to your situation is the first step in building a case.

  • Cybercrime Prevention Act of 2012 (Republic Act No. 10175): This is the primary law used for Cyber Libel. It punishes the public and malicious imputation of a crime, vice, or defect, real or imaginary, tending to cause the dishonor, discredit, or contempt of a person, committed through a computer system.

  • Safe Spaces Act (Republic Act No. 11313) - also known as the "Bawal Bastos" Law: This law specifically addresses Gender-Based Online Sexual Harassment. It includes acts such as:

  • Unwanted sexual misogynistic, transphobic, homophobic, and sexist remarks.

  • Online threats, stalking, and uploading/sharing of photos or videos without consent.

  • Cyberstalking and persistent uninvited comments.

  • Anti-Violence Against Women and Their Children Act (Republic Act No. 9262): If the harassment is committed by a current or former partner (husband, boyfriend, dating partner) and causes emotional or psychological distress, it can be prosecuted under this law.

  • The Revised Penal Code and Civil Code: Beyond criminal charges, victims can sue for Damages (Moral, Exemplary, and Attorney’s Fees) under the Civil Code for violations of privacy and reputation.


2. Essential Elements of Cyber Libel

Most "social media shaming" cases fall under Cyber Libel. To successfully prosecute, the following four elements must be present:

  1. Allegation of a discreditable act: The post must impute a crime, vice, defect, or act that harms a person's reputation.
  2. Publication: The post must be made public (social media, blogs, public forums).
  3. Identity of the victim: The person being shamed must be identifiable, even if their name isn't explicitly mentioned (e.g., descriptions or photos that point to a specific person).
  4. Malice: The intent to harm. In Philippine law, if the post is defamatory, malice is often presumed unless the defendant can prove a justifiable motive.

3. The Step-by-Step Filing Process

Step 1: Evidence Preservation (The Golden Rule)

Before the perpetrator deletes the post or deactivates their account, you must secure the evidence.

  • Screenshots: Take clear screenshots of the original post, the timestamp, the URL/Permalink, and any comments.
  • Screen Recording: If possible, record a video of yourself navigating to the profile and the specific post to show it is live and authentic.
  • Digital Logs: Save the links to the profiles of the harasser.

Step 2: Formal Reporting to Law Enforcement

In the Philippines, two main agencies handle cybercrime complaints. You may visit their offices or use their online portals:

  • PNP Anti-Cybercrime Group (ACG): Located at Camp Crame, Quezon City, and various regional offices.
  • NBI Cybercrime Division (CCD): Located at the NBI Building, Taft Avenue, Manila.

What happens here: The police or NBI agents will take your statement and conduct a "Cyber-Technical Investigation" to verify the digital footprints of the harasser.

Step 3: Filing the Complaint with the Prosecutor’s Office

Once the law enforcement agency completes its investigation, they will file a Complaint-Affidavit with the Department of Justice (DOJ) or the local Prosecutor’s Office.

  • The prosecutor will conduct a Preliminary Investigation.
  • The respondent (the harasser) will be given a chance to submit a counter-affidavit.
  • The prosecutor will then decide if there is Probable Cause to file the case in court.

Step 4: Court Proceedings

If probable cause is found, an "Information" is filed in the Regional Trial Court (RTC). A warrant of arrest may be issued, and the case will proceed to trial.


4. Penalties and Consequences

  • Cyber Libel: Under R.A. 10175, the penalty for cyber libel is prision mayor (6 years and 1 day to 12 years) or a fine, or both. This is one degree higher than traditional libel.
  • Safe Spaces Act: Penalties range from fines (PHP 100,000 to PHP 500,000) and imprisonment (up to 6 years), depending on the gravity of the offense.

5. Practical Considerations

  • Prescription Period: Under recent Supreme Court rulings and the Cybercrime Law, the period for filing a Cyber Libel case is technically debated but generally follows a 15-year prescriptive period, though it is highly recommended to file as soon as the act is discovered.
  • The Right to Privacy: You cannot be shamed for private photos or information under the Data Privacy Act (R.A. 10173). If the shaming involves personal data leaks (doxing), this law provides additional protection.
  • Jurisdiction: Philippine courts have jurisdiction over cybercrimes if the act was committed by a Filipino (wherever they are) or if the victim was in the Philippines at the time of the crime.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.