How to File a Complaint for Cyber‑Bullying in the Philippines
A practical, step‑by‑step legal guide (updated July 2025)
1. What Counts as “Cyber‑Bullying”?
| Legal Source | Covered Conduct | Typical Examples |
|---|---|---|
| Republic Act (RA) 10627 – Anti‑Bullying Act of 2013 (DepEd Implementing Rules, 2019) | Any bullying “performed through any electronic means” in the basic‑education setting | mock posts, group chats humiliating a classmate, doctored photos circulated among students |
| RA 10175 – Cybercrime Prevention Act of 2012 | “Libel, threats, identity theft, unjust vexation, coercion … committed through ICT” | doxxing, revenge posts, abusive tweets, hacking a classmate’s account |
| RA 11313 – Safe Spaces Act (Bawal Bastos Law) | Gender‑based online sexual harassment vs. any person (not limited to schools) | unsolicited nude images, sexual threats via DM |
| RA 9262 – Anti‑VAWC Law | Electronic violence by a spouse, partner, or ex | hateful FB posts, tracking apps, revenge porn |
| RA 9995 – Anti‑Photo and Video Voyeurism Act | Non‑consensual sharing of intimate content | leaked private videos |
| RA 11930 – Anti‑OSAEC Law (2022) | Online sexual abuse/exploitation of children | livestream abuse, grooming, trafficking |
Key point: If the act is aimed at a child in school, start with RA 10627 procedures. If it targets any person or is sexual/gender‑based, the relevant criminal statutes above apply.
2. Preserve Evidence First
- Take screenshots/ screen recordings showing the full URL, date/time stamps, sender’s handle, and context.
- Download chat logs / emails in original format (e.g., .txt, .eml).
- Print hard copies and have them date‑stamped by the Barangay or a notary to strengthen authenticity.
- Do NOT alter or reply to the posts (prevents claims that you provoked the exchange).
- List witnesses who saw the content (classmates, group members).
3. Where to File Your Complaint
| Scenario | Primary Route | Alternative / Parallel Route |
|---|---|---|
| Bullying among basic‑education students | School’s Child Protection Committee (CPC) under RA 10627 | DepEd Division Office if school is non‑responsive |
| Criminal cyber‑bullying (libel, threats, identity theft, etc.) | National Bureau of Investigation (NBI) – Cybercrime Division or PNP Anti‑Cybercrime Group (ACG) | Direct filing at the Office of the City/Provincial Prosecutor (OCP/OPP) |
| Gender‑based electronic harassment (RA 11313) | Barangay: request a Barangay Protection Order (BPO) within 3 days | Directly with the OCP or police if urgent |
| Violence within an intimate relationship (RA 9262) | Family Court (petition for protection order) and/or PNP Women & Children Protection Desk (WCPD) | NBI Cybercrime |
| Child victim of online sexual exploitation (RA 11930) | Inter‑Agency Council Against Trafficking (IACAT), NBI Anti‑OSAEC, or PNP ACG | DSWD, Cyber‑Tipline (DICT–CICC) |
Jurisdiction rule: You may file where you reside, where the offender resides, or where any element of the crime took place (e.g., server location, first viewing). If filing online, NBI and PNP accept e‑complaints through their portals.
4. Step‑by‑Step Criminal Complaint Process
Prepare a Sinumpaang Salaysay (sworn statement) – include:
- Complete narration of facts (dates, handles, platforms).
- Description of each piece of evidence, marked as Annex “A”, “B”…
- Your contact information and government‑issued ID numbers.
Attach documentary evidence (screenshots, printouts, device seizure request, witness affidavits).
Go to NBI Cybercrime Division (Taft Ave., Manila) or PNP‑ACG (Camp Crame, QC) or your local OCP.
Undergo interview & verification; officers may issue a Subpoena/Summons to the platform for logs/IP data.
Case build‑up & digital forensics (may require surrendering your phone/laptop temporarily).
Receive CIDG/NBI complaint‑referral; prosecutor conducts preliminary investigation (PI):
- Parties are summoned for Counter‑Affidavit.
- Under Rule 112, Sec. 3(b) of the Rules of Criminal Procedure, you may file a Reply.
Resolution: prosecutor issues a Resolution. If probable cause is found, an Information is filed in the Regional Trial Court (RTC) Cybercrime Division.
Arraignment, trial, and judgment proceed under the Cybercrime Act’s special rules.
5. Special Procedures for School‑Based Cyber‑Bullying (RA 10627)
| Timeline | Action |
|---|---|
| Within 24 hours of report | School head acknowledges complaint and convenes the CPC |
| Within 3 days | CPC conducts fact‑finding (interviews victim, bully, witnesses; reviews evidence) |
| Within 15 days | CPC issues written decision & intervention plan (disciplinary measures, counseling) |
| Appeal | Aggrieved party may elevate to the Division Superintendent within 15 days; next to DepEd Regional Director |
| Non‑compliance | School may face administrative liability, and bully’s parents may face civil damages |
Note: Schools must keep reports confidential (Data Privacy Act, RA 10173) and ensure no retaliation.
6. Penalties & Legal Remedies at a Glance
| Offense | Imprisonment | Fine | Civil / Protective Remedies |
|---|---|---|---|
| Cyber‑libel / threats / identity theft (RA 10175) | Prisión mayor (6 yrs 1 day – 12 yrs); prision correccional for threats | ₱200,000 – ₱1 million (court’s discretion) | Damages under Art. 33 Civil Code; injunction to take down content |
| Gender‑based online harassment (RA 11313) | 6 yrs – 8 yrs (3rd offense) | ₱100k – ₱500k | BPO (Barangay Protection Order) good for 15 days, extendable |
| Anti‑VAWC electronic acts (RA 9262) | 6 yrs – 12 yrs | up to ₱300k | Protection Order (TPO/PPO) |
| Photo & video voyeurism (RA 9995) | 3 yrs – 7 yrs | ₱100k – ₱500k | Destruction of materials, moral damages |
| Cyber‑bullying under RA 10627 | School sanctions (suspension, expulsion) | N/A | Counseling, peer mediation |
7. Prescription (Statute of Limitations)
| Crime | Period to File | Counting Starts |
|---|---|---|
| Libel (including cyber‑libel) | 1 year (Art. 90 RPC) | First publication online |
| Grave threats | 5 years | Day after threat made |
| RA 11313 offenses | 3 years | Discovery by victim |
| RA 9262 electronic violence | 20 years | Last commission of the act |
| RA 10627 school cases | None (administrative), but DepEd encourages prompt filing within school year |
8. Practical Tips & Support Resources
- Legal Aid: Public Attorney’s Office (PAO), Integrated Bar of the Philippines (IBP) chapters, and Child Rights Network partners offer pro bono services.
- Psychosocial Help: DSWD Child Protection Unit (hotline #163), Philippine Mental Health Association, and HopeLine (2919 for Globe/TM, 0966‑3514518 for Smart).
- Platform Takedown: Use built‑in reporting tools; cite RA 10175 and the platform’s Philippine Community Standards to expedite removal.
- Privacy Breach: If personal data were leaked, you may also file a separate complaint with the National Privacy Commission (NPC) within 15 days of discovery.
- Barangay Mediation: While most cybercrimes are not subject to mandatory barangay conciliation (because penalties exceed one year or require immediate relief), it remains a cost‑free option for minor disputes and gender‑based online harassment.
9. Frequently Asked Questions (FAQs)
Do I have to reveal my identity when reporting? Yes. Anonymous tips help, but for a criminal complaint the affiant must be identifiable and willing to testify.
Can minors be criminally liable? Children 15 years and below are exempt (RA 9344). Those 15 – 18 are exempt unless they acted with discernment; they undergo diversion instead of jail.
Is “blocking” enough to stop liability? No. Deleting or blocking does not extinguish criminal liability already incurred.
What if the bully is abroad? RA 10175 has extraterritorial application (Sec. 21) when either the offender or the victim is a Filipino, or the act has “substantial effect” in the Philippines. You can still file locally; law enforcement will request MLAT or platform compliance.
How long will the investigation take? NBI/PNP case build‑up averages 30‑90 days; PI with the prosecutor another 60 days; but cybercrime courts have special rules to decide motions within shortened periods.
10. Sample Checklist Before You File
- Have at least two clear screenshots per incident.
- Saved raw HTML/JSON logs or mobile backups.
- Notarized affidavit (Sinumpaang Salaysay).
- Photocopies of government‑issued ID (victim & witnesses).
- If minor, parental or guardian consent and birth certificate.
- Timeline of events (date, time, platform).
- Contacted school CPC (if applicable).
- Consultation with lawyer or PAO (recommended).
Conclusion
Filing a complaint for cyber‑bullying in the Philippines is a multi‑layered process that can involve school authorities, barangay officials, law‑enforcement cyber units, prosecutors, and even specialized courts. The cornerstone is preserving digital evidence and choosing the right legal route based on the relationship between the parties and the nature of the online abuse. By following the steps and timelines above—and seeking timely legal and psychosocial support—victims can assert their rights, hold perpetrators accountable, and help foster a safer Philippine cyberspace.