In the Philippines, the anonymity of mobile communications often emboldens individuals to engage in text-based harassment. Whether it involves persistent unwanted messages, threats, or cyberstalking, the Philippine legal system provides several avenues for redress.
Here is a comprehensive guide on how to handle and file a complaint for text harassment.
1. Relevant Laws in the Philippines
Text harassment is not governed by a single statute but is addressed by various laws depending on the nature and frequency of the messages:
- Republic Act No. 10175 (Cybercrime Prevention Act of 2012): This covers "Cyber Libel" and "Unjust Vexation" committed through Information and Communications Technology (ICT). Since text messages use telecommunications networks, harassment falls under this scope.
- Republic Act No. 11313 (Safe Spaces Act / "Bawal Bastos" Law): This law specifically penalizes gender-based sexual harassment in online spaces, including persistent "unwanted sexual or self-referential remarks" or "sexist/homophobic slurs" sent via text.
- Article 287 of the Revised Penal Code (Unjust Vexation): A "catch-all" provision for conduct that, while not physically harming the victim, causes distress, irritation, or disturbance of mind.
- Republic Act No. 9262 (Anti-Violence Against Women and Their Children Act): If the harassment occurs within the context of an intimate relationship (even if the parties are separated), it may be classified as psychological violence.
2. Immediate Steps: Preservation of Evidence
Before filing a formal complaint, you must ensure your evidence is legally admissible. Do not delete the messages.
- Screenshots: Take clear screenshots of the messages, ensuring the sender’s number and the timestamps are visible.
- Backups: Export the chat logs or save them to a cloud drive.
- Context: Do not reply with provocations. In a legal setting, "mutual bickering" can sometimes weaken a claim of harassment or unjust vexation.
- SIM Registration Act: Under RA 11934, all SIM cards must be registered. This makes it significantly easier for law enforcement to identify the owner of a "burner" number.
3. Where to File the Complaint
Depending on your goals (e.g., stopping the messages vs. criminal prosecution), you have three primary options:
A. The National Bureau of Investigation (NBI)
The NBI Cybercrime Division is the premier agency for tracking digital offenders.
- Procedure: You can visit the NBI Cybercrime Division office (located at the NBI Building, Taft Avenue, Manila) or file a report through their official website or email.
- Best for: When the sender is unknown or "anonymous."
B. The Philippine National Police (PNP)
The PNP Anti-Cybercrime Group (ACG) has units across various regions.
- Procedure: Visit the nearest PNP-ACG district office. Bring your mobile phone and printed screenshots of the harassment.
- Best for: Immediate police intervention and filing a formal police report (Blotter).
C. The National Telecommunications Commission (NTC)
The NTC deals with the "technical" side of telecommunications.
- Procedure: You can file a complaint to have a specific number blocked or blacklisted. You will need to fill out a Complaint of Text Spam/Harassment Form available on the NTC website.
- Best for: Stopping the nuisance if you do not necessarily want to go to court.
4. The Filing Process (Criminal Prosecution)
If you decide to pursue a criminal case, the workflow generally follows these steps:
| Step | Action | Description |
|---|---|---|
| 1 | Affidavit of Complaint | You (the Complainant) will draft a sworn statement detailing the incidents, supported by your evidence. |
| 2 | Preliminary Investigation | The case is filed with the Office of the City Prosecutor. The Prosecutor determines if there is "probable cause" to go to trial. |
| 3 | Filing of Information | If the Prosecutor finds merit, they will file the case (the "Information") in court. |
| 4 | Warrant of Arrest | The Court issues a warrant for the perpetrator. Under the Cybercrime Law, penalties are often one degree higher than those in the Revised Penal Code. |
5. Practical Tips for Victims
- The Barangay Level: If you know the person and they live in the same city/municipality, you may be required to undergo Katarungang Pambarangay (Barangay Conciliation) before filing a case for Unjust Vexation in court.
- Avoid "Doxing": While it is tempting to post the harasser's number on social media to "shame" them, this can lead to a counter-suit for Cyber Libel or violations of the Data Privacy Act.
- Secure your SIM: Ensure your own SIM is registered under the SIM Registration Act to verify your identity as the aggrieved party.
Note: Penalties for text harassment under the Safe Spaces Act can range from fines (PHP 10,000 to PHP 500,000) to imprisonment (Arresto Menor to Prision Correccional), depending on the severity and frequency of the offense.
Would you like me to draft a sample Affidavit of Complaint or a formal letter to the NTC to help you get started?