How to File a Case for Online Harassment and Hate Speech on Facebook in the Philippines

This article explains your options under Philippine law—criminal, civil, and administrative—plus evidence rules, step-by-step filing, special protections for women and children, and practical tips for using Facebook’s reporting tools alongside Philippine procedures.


1) What conduct is punishable?

There is no single “hate speech” statute that covers all hateful or abusive expression in the Philippines. Instead, several laws apply depending on the facts. Online posts, comments, DMs, Stories, Reels, and group messages on Facebook can fall under one or more of the following:

Defamation and kindred offenses

  • Cyber libel (defamation in writing posted online): statements that impute a crime, vice, defect, or cause dishonor/discredit, published through a computer system. (Penalties are higher online than offline.)
  • Slander (oral defamation) and grave/serious insults made on live audio/video streams can apply if recorded and posted.
  • Intrusion on privacy and dignity: civil damages for abuse of rights, humiliation, or violations of privacy (Civil Code Arts. 19, 21, 26), even when conduct is non-criminal.

Threats, coercion, stalking

  • Grave or light threats, grave coercion, unjust vexation, stalking/menacing behaviors carried out through chat, comments, tags, or repeated friend requests/mentions.

Gender-based and sexual offenses

  • Gender-Based Online Sexual Harassment (GBOSH) under the Safe Spaces Act: sexist, misogynistic, homophobic or transphobic remarks; intrusive sexual advances; unwanted sexualized images; doxxing with gender-based slurs; non-consensual sharing of intimate images.
  • Anti-Photo and Video Voyeurism Act: posting or sharing intimate images/videos without consent—even if the victim once consented to take them.
  • Anti-Violence Against Women and Their Children (VAWC): psychological violence (e.g., threats, intimidation, stalking, humiliation) via electronic communications by a spouse/partner, former partner, or someone with whom the woman has a common child or dating relationship.

Children and minors

  • Anti-Child Pornography Act and the OSAEC law: any sexualized content involving minors; grooming; inducement; live-streamed abuse; “trade” of images in closed FB groups or chats.
  • Anti-Bullying Act in schools: applies to students; schools must have procedures and sanctions for cyberbullying, even if it occurs off-campus.

Data privacy and doxxing

  • Data Privacy Act: unauthorized disclosure of personal data (addresses, phone numbers, IDs); “doxxing” that exposes a person to risk.
  • Platform impersonation, fake accounts, identity theft, phishing, and deceit may also trigger fraud and computer-related offenses under the Cybercrime Prevention Act.

Key point: You rarely need to “name” the offense on Day 1. Describe facts precisely; prosecutors will determine the proper charges. But knowing the buckets above helps you gather the right evidence.


2) Evidence: how to capture, preserve, and authenticate

What to collect immediately

  1. Full-page screenshots of the post/comment/chat including:

    • Full URL or group/chat title, date/time, visible handles/profile names.
    • For Messenger: the conversation header showing participants.
  2. Screen recordings of scrolling threads or live videos to capture context.

  3. Exported copies:

    • HTML/PDF printouts of pages (with headers/footers showing URL and timestamp).
    • Downloaded media files (images, videos, voice notes) saved with original filenames.
  4. Account links: the profile URL(s) of the harasser(s), group links, and any alternate accounts.

  5. Facebook report receipts: when you report content, save the Support Inbox confirmation and case number.

  6. Witness statements: short notarizable declarations from people who saw the content online.

  7. Device and platform details: the device you used, date/time accessed, and your own account URL.

Preserve originals and prove integrity

  • Keep original files (not edited) in a read-only folder. If possible, generate hash values (e.g., SHA-256) for key files and note them in your affidavit.
  • Don’t crop screenshots; instead, annotate separately when needed.
  • For private groups or disappearing content, capture screen video and multiple independent screenshots promptly.
  • Law enforcement can issue preservation requests to service providers to retain traffic/content data (typically for 6 months, extendable). This is crucial for IP logs and account ownership traces.

Admissibility basics (Rules on Electronic Evidence)

  • Printouts of electronic data are admissible if a competent witness (you or an investigator) explains how they were obtained and that they are authentic and unaltered.
  • Chain of custody: keep a simple log—who captured, copied, or transferred each file and when.

3) Where and how to file: step-by-step

You can pursue (A) criminal, (B) civil, and (C) administrative/regulatory remedies simultaneously. Many victims do A + C immediately, then add B if damages are significant.

A. Criminal complaint (Prosecutor → Courts)

Who handles? City/Provincial Prosecutor; for cybercrimes, cases are later raffled to designated Cybercrime courts in the Regional Trial Courts (RTCs).

Step 1: Blotter/report and intake

  • Report to PNP Anti-Cybercrime Group (ACG) or NBI Cybercrime Division. Bring IDs and evidence. They can help draft your Complaint-Affidavit and issue subpoena/preservation requests later.

Step 2: Complaint-Affidavit package Include:

  • Your Complaint-Affidavit: detailed facts in chronological order (who, what, when, where, how).
  • Annexes: screenshots/printouts (labeled Annex “A”, “B”…); storage media (USB) with originals; witness affidavits; medical/psychological reports (if harassment caused anxiety or PTSD); expenses receipts (for later civil damages).
  • Certification that attached electronic copies are faithful reproductions.
  • Notarization (or sworn before the prosecutor).

Step 3: Filing at the Prosecutor’s Office

  • Submit the package to the Office of the City/Provincial Prosecutor where any essential element occurred (e.g., where you read the defamatory post, where you reside, or where the content was posted/accessed—venue/jurisdiction rules in cyber libel and online offenses allow practical filing based on these connections).
  • The prosecutor issues a subpoena; the respondent files a counter-affidavit; you may file a reply. This is the preliminary investigation.

Step 4: Resolution and Information

  • If probable cause is found, the prosecutor files an Information in the appropriate court (often an RTC designated as a Special Cybercrime Court).
  • The court issues a warrant (if needed), then arraignment and trial proceed.

Time sensitivity: Some speech-related crimes (especially defamation) have relatively short prescriptive periods. File promptly.

B. Civil action for damages (can be filed independently)

  • Grounds: defamation, privacy violations, intentional infliction of emotional distress, abuse of rights, or quasi-delict.
  • Reliefs: moral, exemplary, and actual damages; attorney’s fees; and injunctions (orders to take down/stop further harassment).
  • You may file a separate civil case or join civil damages to the criminal action. Strategic choice depends on desired speed and remedies.

C. Administrative / regulatory complaints

  • Safe Spaces Act (GBOSH): You can complain to the PNP, barangay (via Violence Against Women and Children [VAWC]/GBV desks), or relevant agencies; schools and workplaces also have internal disciplinary duties and penalties for online sexual harassment.
  • Data Privacy Act: File a complaint with the National Privacy Commission for unlawful processing or disclosure (doxxing, unauthorized posting of personal data).
  • Platform action: Report to Facebook for takedown and account sanctions. Keep all platform notices as evidence.

4) Practical playbook (checklist)

Immediately (Day 0–1)

  • Capture evidence (screenshots + screen video + URLs).
  • Report the content on Facebook; save the case numbers.
  • Block the harasser to stop contact (unless you need to monitor for evidence—then restrict instead of blocking until capture is complete).
  • If threats are credible (weapons, stalking, location disclosure), go to the nearest police station; request patrol/assistance.

Within the week

  • Consult or approach PNP-ACG/NBI for intake and preservation requests.
  • Draft and notarize your Complaint-Affidavit with annexes.
  • File with the Prosecutor’s Office. (No filing fee for criminal complaints.)

For ongoing safety

  • Consider Protection Orders:

    • TPO/PPO under VAWC (if intimate partner/former partner is involved).
    • School/workplace measures under the Safe Spaces Act.
  • Change passwords; enable 2FA; adjust privacy settings; audit tagged posts and past public content.


5) Building a strong Complaint-Affidavit (structure you can follow)

  1. Parties and accounts. Your legal name, address (or care-of), Facebook profile URL; respondent’s name (if known) and all known profile URLs/IDs.
  2. Jurisdiction and venue. Briefly state why the prosecutor/court has authority (e.g., you accessed and suffered harm in ___ City).
  3. Material facts. Chronological narrative with timestamps, exact quotes (verbatim), and links. Indicate public vs private posts.
  4. Harm suffered. Anxiety, reputational damage, safety risks, business loss; attach receipts/medical or psychological notes if any.
  5. Legal characterization. “These acts constitute cyber libel/gender-based online sexual harassment/grave threats…”
  6. Evidence list. Annex table (Annex A: Post on [date] URL; Annex B: Messenger chat; Annex C: screen recording; Annex D: Facebook report confirmation…).
  7. Reliefs prayed for. Criminal prosecution; issuance of subpoenas to Facebook/Telcos; preservation orders; take-down; protection orders; and civil damages (if joined).

6) Working with law enforcement and Facebook

Requests investigators commonly make

  • Subscriber information and IP logs from Facebook via law-enforcement channels.
  • Telco user identification tied to IPs and timestamps.
  • Preservation orders to keep data from being deleted.

On anonymous or “sockpuppet” accounts

  • Don’t confront. Focus on tracing:

    • Patterns across multiple accounts (same photos, writing style, friend overlaps).
    • Cross-platform usernames.
    • Times of posting relative to local time.
  • Investigators can correlate IP logs and device fingerprints. Your job is to compile links between accounts.


7) Special situations

  • Minors as victims or offenders: Keep the child’s identity confidential in filings; notify DSWD; involve CWC/ICAD mechanisms for OSAEC. Schools must act under the Anti-Bullying policy (cyberbullying).
  • Intimate images shared without consent: Use Anti-Photo and Video Voyeurism + Safe Spaces Act; ask for urgent takedown and in camera proceedings to protect privacy.
  • Doxxing and privacy breaches: Preserve the posts; file with the NPC for data privacy violations in parallel with criminal/civil cases.
  • Mass “brigading” or pile-ons: Capture representative samples plus overall metrics (shares, reactions, views) to show reach and harm.

8) Remedies and penalties at a glance

  • Imprisonment and fines for cyber libel, threats, GBOSH, voyeurism, and child-related offenses (penalties are generally stiffer when committed online).
  • Protection Orders: immediate relief against continued harassment (especially under VAWC).
  • Civil damages: moral/exemplary damages for humiliation, anxiety, reputational harm; actual damages for medical/therapy bills and lost income.
  • Platform takedowns and account sanctions: complement but do not replace legal remedies.

9) Venue, timelines, and costs (practical notes)

  • Venue: You can often file where you reside or where the content was accessed/published; prosecutors routinely accept venue based on the place where harm was felt and content was read. If in doubt, file where you can prove access and identify witnesses.
  • Timelines: Preliminary investigation can take weeks to months; courts vary widely. Act early because some speech-related crimes have short prescription windows.
  • Costs: Criminal complaints at the prosecutor level typically have no filing fee. Budget for notarization, copying/USBs, and potential attorney’s fees. Civil cases have docket fees based on damages claimed.

10) Ethical and strategic cautions

  • Do not retaliate with your own defamatory or threatening posts. It weakens your case and exposes you to counter-charges.
  • Limit public statements while the case is pending; let your affidavit and evidence speak for you.
  • Safety first: If threats appear credible (weapons, stalking, home/work visits), prioritize police assistance and protection orders before public engagement.

11) Quick templates

A. Annex table (sample)

Annex Description Date/Time URL / File
A Public post calling me “___” with photo 2025-10-22 14:07 https://www.facebook.com/...
B Messenger voice note threatening harm 2025-10-22 15:31 /Evidence/Audio/B.ogg
C FB Support Inbox report receipt 2025-10-22 15:42 Screenshot-C.png
D Screen recording of comments thread 2025-10-22 16:10 /Evidence/Video/D.mp4

B. Reliefs (sample phrasing)

  • Issue subpoenas to Facebook/Meta and telcos for subscriber info, IP logs, and content data; direct data preservation.
  • Order immediate takedown/non-contact conditions (if within court’s contempt or protection order powers).
  • Award moral, exemplary, and actual damages.

12) Who to contact (Philippine context)

  • PNP Anti-Cybercrime Group (ACG) – for reporting, preservation requests, and investigation.
  • NBI Cybercrime Division – investigation and digital forensics.
  • Office of the City/Provincial Prosecutor – filing of criminal complaints and preliminary investigation.
  • National Privacy Commission (NPC) – privacy/doxxing complaints.
  • Barangay VAWC/GBV desks – immediate assistance, documentation, and referrals (especially for GBOSH/VAWC cases).

13) Final tips

  • Treat your evidence folder like a case file: timestamps, filenames, and a short index.
  • Act early—especially for speech offenses with short prescriptive periods.
  • Use platform tools (report, restrict, block) but don’t rely on them alone.
  • If unsure which law applies, file the most complete set of facts you can; authorities will sort the charges.
  • If you are a worker or student, invoke the Safe Spaces Act to activate your school’s or employer’s duty to protect and discipline.

This guide is for general information and practical readiness. For personalized advice, consult a Philippine lawyer who can tailor strategy to your facts, venue, and evidentiary posture.

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