How to File a Complaint for Threatening and Harassment in the Philippines

1. Understanding “Threats” and “Harassment” Under Philippine Law

In everyday language, “threats” and “harassment” feel straightforward, but the law uses specific terms. Your first step is to understand what possible legal case (or cases) your situation might fall under.

1.1 Threats (Banta) – Criminal Law Perspective

Under the Revised Penal Code (RPC), common threat-related crimes include:

  • Grave Threats

    • Someone threatens to commit a crime against your person, honor, or property (or that of your family),
    • The threat is serious (e.g., “Papatayin kita,” “I’ll burn your house down”), and
    • It may or may not be conditional (e.g., “If you don’t pay, I’ll hurt you”).

  • Light Threats

    • The threat is less serious or does not involve a crime punishable with a heavy penalty,
    • Or it involves doing something not necessarily a crime but meant to intimidate (e.g., “I’ll expose embarrassing photos,” depending on the context).

  • Other Light Threats

    • Cover minor forms of threatening behavior not fitting the above, but still punishable.

The exact classification depends on:

  • The words used,
  • The context (serious or said in jest?),
  • Whether a condition is attached (“Kapag di mo ginawa ‘to…”), and
  • Whether the threat was actually acted on.

1.2 Harassment – Concept Spread Across Several Laws

“Harassment” is not just one crime; it can be covered by different laws depending on who is involved and how it is done:

  • Under the Revised Penal Code, harassment may fall under:

    • Unjust vexation (annoying, irritating conduct without just cause),
    • Grave or light coercion (forcing someone to do or not do something against their will),
    • Acts of lasciviousness (if sexual in nature),
    • Slander / oral defamation or libel (if the harassment is in the form of insults or defamation).

  • Under special laws, harassment may be:

    • Gender-based sexual harassment in streets, public spaces, online, workplace, or schools under the Safe Spaces Act (RA 11313).

    • Violence against women and their children (VAWC) under RA 9262 if the harasser is a current/former husband, partner, boyfriend, ex-boyfriend, or someone in a dating or sexual relationship with the woman, including psychological abuse (e.g., repeated threats, stalking, intimidation).

    • Child abuse, cruelty, or exploitation (RA 7610) if committed against a child.

    • Online harassment, cyberstalking, cyber threats, or cyberbullying under the Cybercrime Prevention Act (RA 10175) (often in combination with other laws, e.g., online libel, online VAWC, online gender-based harassment).

    • Threats involving nude or sexual images (e.g., “sextortion”) may also involve:

      • Anti-Photo and Video Voyeurism Act (RA 9995),
      • Cybercrime provisions if done online.

Because harassment is a broad idea, your complaint might involve multiple legal grounds (for example, both grave threats and VAWC, or unjust vexation plus cybercrime).

2. Choosing the Right Legal Path (or Combination)

Before filing, it helps to ask:

  1. Who is the harasser?

    • Stranger?
    • Neighbor?
    • Co-worker or boss?
    • Teacher or school official?
    • Spouse, ex-spouse, live-in partner, or ex-partner?
    • Someone harassing your child?

  2. Where and how is the harassment happening?

    • In person, at home, in the street?
    • At work or school?
    • Online (Facebook, Messenger, TikTok, email, text messages)?

  3. What exactly is being done or said?

    • Direct death threats?
    • Sexual comments or advances?
    • Constant unwanted messages?
    • Posting/sharing personal or sexual content?
    • Stalking and monitoring of your movements?

Different routes may apply simultaneously, for example:

  • Barangay complaint
  • Police complaint / prosecutor’s complaint (criminal)
  • Workplace or school administrative complaint
  • Civil case for damages
  • Application for protection order (especially in VAWC cases)

You are allowed to pursue more than one remedy at the same time, if they are compatible.

3. First Things First: Immediate Safety and Documentation

Before thinking “Which form do I fill out?”, prioritize these two:

3.1 Ensure Your Safety

  • If there is an imminent threat (may hawak na weapon, papasok sa bahay, currently attacking or chasing you), call the emergency hotline (e.g., 911) or go immediately to the nearest police station or barangay hall.

  • If the person knows where you live and has made serious threats, consider temporarily staying with relatives/friends in a safer location.

  • If you are a woman or child and the abuser is a partner or family member, you may seek help from:

    • Barangay VAW Desk,
    • PNP Women and Children Protection Desk (WCPD),
    • Social worker in the local government unit (LGU).

3.2 Preserve Evidence

Threats and harassment cases often rise or fall on evidence. Do:

  • Screenshots of:

    • Text messages / chats,
    • Social media posts and comments,
    • Direct messages,
    • Email, dating apps, etc.

  • Printouts of these screenshots, with visible:

    • Names/usernames,
    • Dates and times,
    • Links/URLs if online.

  • Photos or videos of:

    • The harasser physically present (e.g., outside your gate),
    • Vandalism, damage, or written threats (e.g., notes, graffiti).

  • Witnesses:

    • List names, contact numbers, and what they saw or heard.

  • Medical records:

    • If you experienced physical injury or severe anxiety, medical certificates or psychological reports strengthen your case.

Be cautious about secretly recording private conversations. Depending on how it’s done, it can raise legal issues under anti-wiretapping and privacy laws. Before relying heavily on secret recordings, it’s safest to consult a lawyer.

4. Filing at the Barangay: Blotter and Katarungang Pambarangay

For many disputes between individuals who live in the same locality, Philippine law encourages barangay conciliation first.

4.1 Barangay Blotter

A barangay blotter is a record of incidents kept at the barangay hall. To blotter a threat or harassment:

  1. Go to the barangay hall where:

    • You reside, or
    • The incident happened.

  2. Approach the barangay secretary or desk officer and say you want your complaint recorded in the blotter.

  3. Provide:

    • Your name,
    • The offender’s name and address (if known),
    • Date, time, and place of the incident(s),
    • Description of what happened (exact words of the threat if possible).

  4. The barangay staff will typically:

    • Encode/write your statement,
    • Ask you to sign it,
    • Give you a reference (blotter) number.

A barangay blotter is not yet a criminal case, but it:

  • Creates an official record,
  • Can support future criminal complaints or applications for protection orders,
  • May trigger mediation or conciliation proceedings.

4.2 Barangay Conciliation (Katarungang Pambarangay)

For many minor offenses and disputes where the parties:

  • Live in the same city/municipality, and
  • Are not government employees acting in official duties,

the law usually requires barangay conciliation before filing a criminal or civil case in court.

Generally, barangay conciliation is required for:

  • Offenses punishable by relatively light penalties, and
  • Personal disputes between neighbors, relatives, or residents.

Not required in certain cases, such as:

  • Serious offenses punishable by higher penalties,
  • When the accused or the complainant is a public officer and the dispute relates to official functions,
  • When parties reside in different cities/municipalities (with some exceptions),
  • Cases involving urgent legal remedies (e.g., certain protection orders).

In practice:

  1. The barangay will issue a summons to the respondent.

  2. A mediation meeting or conciliation conference is held with the Punong Barangay or Lupon members.

  3. If a settlement is reached:

    • It will be put in writing and signed.
    • In many cases, this settlement is binding and has the effect of a final judgment.

  4. If no settlement is reached:

    • The barangay issues a Certification to File Action, allowing you to go to court or the prosecutor.

Important: Some crimes (like serious VAWC-related offenses) are not meant to be subject of “forced” amicable settlement. If you feel pressured to settle when you do not feel safe, take note of this and consult a lawyer or an advocacy group.

5. Police Blotter and Filing a Criminal Complaint

5.1 Police Blotter

You can also (or alternatively) go to the police station (or PNP WCPD for women/children) to blotter the threat or harassment.

Steps:

  1. Go to the nearest police station where the incident occurred or where you reside.

  2. Tell the desk officer you want to file a complaint or have an entry in the police blotter.

  3. Narrate the incident; give copies of screenshots or photos if available.

  4. Ask for:

    • Your blotter number, and
    • A certified copy of the blotter (may have a small certification fee).

The police may:

  • Simply record it (if you only want a record for now), or
  • Start an investigation and assist you in preparing a Complaint-Affidavit for the prosecutor.

5.2 Complaint-Affidavit for Criminal Cases

To formally initiate a criminal case through the prosecutor’s office:

  1. Prepare a Complaint-Affidavit, containing:

    • Your full name, age, address,

    • Identity of the respondent(s) (as complete as you know),

    • A clear narration of facts in chronological order:

      • What threats/harassment were made,
      • When and where each incident happened,
      • How you felt (especially in psychological abuse cases),
      • Names of witnesses.

    • The specific offenses you believe were committed (if known, e.g., grave threats, unjust vexation, VAWC, gender-based harassment, etc.). If unsure, the prosecutor will classify.

    • A statement that what you declared is true and correct.

  2. Attach Annexes:

    • Annex “A”: Copies of screenshots, printouts, photos.
    • Annex “B”: Medical certificate or psychological report, if any.
    • Annex “C”: Copy of barangay or police blotter.
    • Annex “D”: Any other relevant document (e.g. work incident reports).

  3. The affidavit must be:

    • Signed and sworn before a prosecutor or a notary public or any authorized officer (jurat/acknowledgment).

  4. Prepare multiple sets:

    • One original for the prosecutor,
    • Copies for each respondent,
    • One copy for yourself.

5.3 Where to File the Criminal Complaint

Generally, file with the Office of the City or Provincial Prosecutor where:

  • The offense was committed, or
  • At least a material part of it occurred (e.g., where the threatening message was received), especially in cyber cases.

In cyber-related threats and harassment, jurisdiction can be more flexible (place where the message was sent, received, or accessed), but prosecutors may have internal guidelines. If in doubt, ask the prosecutor’s office or a lawyer where best to file.

5.4 Inquest vs. Regular Filing

  • If the offender is caught in the act (in flagrante) or arrested without a warrant shortly after the incident:

    • The case may proceed via inquest: an expedited review by the inquest prosecutor to decide whether to file charges in court immediately.

  • If the offender is not under arrest:

    • You file a regular complaint; the prosecutor conducts a preliminary investigation.

6. What Happens After Filing with the Prosecutor?

6.1 Preliminary Investigation

  1. The prosecutor reviews your complaint and annexes.

  2. If sufficient to proceed:

    • The prosecutor issues a Subpoena to the respondent, with copies of your complaint and evidence.

  3. The respondent may file a Counter-Affidavit, also under oath, with their own evidence.

  4. There can be Reply and Rejoinder affidavits, though not always.

  5. After the exchange of pleadings, the case is submitted for resolution.

6.2 Resolution

The prosecutor will issue a Resolution either:

  • Filing an Information in Court, if there is probable cause that a crime was committed and the respondent likely committed it; or
  • Dismissing the complaint, if they find no probable cause.

If dismissed, you usually receive a copy, and there may be options for motion for reconsideration or appeal to the Department of Justice, depending on the case.

6.3 Court Proceedings

If an Information is filed in court:

  1. The court may issue:

    • A warrant of arrest; or
    • A summons if the offense is minor.

  2. The accused is arraigned (informed of the charge) and enters a plea.

  3. Pre-trial follows, where issues and evidence are marked.

  4. Trial proper:

    • You may be called to testify and identify evidence.
    • Witnesses may also testify.

  5. After trial, the court issues a Decision.

  6. Either side may appeal, within the allowed period.

You may also claim civil damages (for psychological harm, lost income, etc.) together with the criminal case, or in a separate civil case.

7. Special Tracks: VAWC, Safe Spaces, Workplace and School Harassment

7.1 Violence Against Women and Their Children (VAWC – RA 9262)

If:

  • You are a woman or a child, and

  • The offender is:

    • Your husband, ex-husband, live-in partner or former live-in partner,
    • A boyfriend/girlfriend or former partner,
    • Someone with whom you have a common child,

then repeated threats, stalking, monitoring, humiliation, and psychological abuse may fall under VAWC.

Key points:

  • You can file a criminal complaint under RA 9262 at the police, barangay VAW desk, or prosecutor’s office.

  • You can also apply for Protection Orders:

    • Barangay Protection Order (BPO) – issued by the Punong Barangay, typically faster;
    • Temporary Protection Order (TPO) – issued by the court, usually after a summary hearing;
    • Permanent Protection Order (PPO) – issued after full hearing.

These protection orders can:

  • Prohibit the abuser from contacting or approaching you,
  • Order the abuser to stay away from your residence, school, or workplace,
  • Provide temporary custody of children, support, and other reliefs.

7.2 Safe Spaces Act (RA 11313) – Gender-Based Harassment

If the harassment is sexual or gender-based and occurs:

  • In streets, public spaces (catcalling, persistent unwanted comments, stalking),
  • At work (boss/co-worker making sexual comments, propositions, or threats),
  • In schools (teacher, professor, or student harassing another student),
  • Online (unwanted sexual messages, doxxing, sexist insults, sharing sexual content without consent),

then the Safe Spaces Act may apply.

You may:

  • File a complaint at:

    • Your employer’s office (for workplace harassment),
    • Your school’s designated office or committee (for school-based harassment),
    • Local government gender and development office or gender-based desk,
    • PNP and prosecutor’s office (for criminal aspects).

  • Employers and schools have duties to:

    • Adopt anti-sexual harassment policies,
    • Investigate and act on complaints,
    • Protect complainants from retaliation.

7.3 Workplace Harassment (Administrative Remedies)

If the harasser is in your workplace:

  • Check your company’s handbook or Code of Conduct for:

    • How to file a formal complaint (usually HR or a committee),
    • Timelines and procedures,
    • Protection from retaliation.

If the offender is a government employee, there may be:

  • Administrative remedies through:

    • The Civil Service Commission, or
    • The specific agency’s grievance/disciplinary procedures.

Workplace remedies can proceed together with criminal and civil actions, if appropriate.

7.4 School Harassment and Bullying

If the complainant or offender is a student, and the harassment occurs in school or online but connected to school:

  • Schools are expected to have:

    • Anti-bullying policies,
    • Child protection or student discipline procedures.

  • You can:

    • File a written complaint with the school head, guidance office, or discipline office.

    • If the school fails to act, escalate to:

      • DepEd (basic education) or
      • CHED/TESDA (tertiary or tech-voc).

These administrative remedies also do not prevent you from filing criminal complaints when appropriate.

8. Cyber Threats and Online Harassment

For threats and harassment done via:

  • Facebook, Messenger, TikTok, Instagram, Twitter/X, etc.,
  • Email, SMS, messaging apps,

you should:

  1. Preserve electronic evidence:

    • Save original files (not just screenshots),
    • Note URLs, IDs, time stamps,
    • Avoid editing original files to maintain authenticity.

  2. Consider reporting the behavior to the platform:

    • Many platforms allow reporting abusive or threatening content.

  3. When filing a complaint:

    • Attach printed screenshots, but mention you can provide original files if needed.
    • Law enforcement may involve cybercrime units for further digital forensics.

Online threats and harassment can overlap with:

  • Grave threats or coercion (if they threaten violence),
  • Cyber violence under VAWC,
  • Gender-based online harassment,
  • Online libel,
  • Cyberstalking or related offenses.

9. Civil Cases for Damages

Apart from (or in addition to) criminal and administrative cases, you may also file a civil action for damages under the Civil Code, especially when:

  • The harassment and threats caused serious emotional distress, anxiety, or trauma,
  • There was loss of income or opportunities (e.g., you quit a job to avoid the harasser),
  • Your reputation was harmed.

You can claim:

  • Moral damages (for mental anguish, serious anxiety, wounded feelings),
  • Actual damages (receipts, financial losses),
  • Possibly exemplary damages (to deter similar conduct).

A lawyer can advise whether to:

  • Attach your civil claim to the criminal case, or
  • File a separate civil case.

10. Practical Tips and Common Issues

  1. Write everything down. Maintain a diary or log of incidents with dates, times, and details.

  2. Be consistent in your story. Your written statements to the barangay, police, and prosecutor should tell a coherent, consistent story.

  3. Avoid retaliatory illegal acts. Do not answer threats with threats, or harassment with harassment. It can complicate or weaken your case.

  4. Don’t delete evidence. Even if it’s painful to keep, try not to erase messages until you have made copies and consulted authorities.

  5. Consider legal assistance. If you cannot afford a private lawyer, consider:

    • Public Attorney’s Office (PAO), if you qualify,
    • Free legal aid groups, law school legal clinics, or NGOs on women’s/children’s rights or digital rights.

  6. Protect your privacy. Change your passwords, review your privacy settings, and be careful sharing your location or personal details online.

  7. Emotional and psychological support matters. Threats and harassment aren’t just “legal problems” – they affect mental health. Counseling, family support, and support groups can be important.

11. Simple Checklist: How to File a Complaint for Threats and Harassment

You can use this as a quick reference:

  1. Secure safety (call for help, move to a safe place if needed).

  2. Collect and preserve evidence (screenshots, photos, witness details, medical records).

  3. Blotter at the barangay and/or police station.

  4. Check if barangay conciliation is required for your type of case.

  5. Prepare a detailed Complaint-Affidavit, with:

    • Facts in chronological order,
    • Identification of the offender(s),
    • All supporting annexes.

  6. File the complaint with:

    • The Office of the City/Provincial Prosecutor for criminal cases, and/or
    • HR/school/LGU offices for administrative and Safe Spaces complaints.

  7. If applicable, apply for a Protection Order (especially in VAWC cases).

  8. Cooperate with the investigation (attend hearings, provide further evidence when requested).

  9. Consider civil claims for damages if you suffered substantial harm.

  10. Seek legal and emotional support throughout the process.

This is a broad overview of how filing a complaint for threats and harassment works in the Philippine setting. The exact strategy depends heavily on your specific facts, your relationship with the harasser, and your available support. Whenever possible, consult a Philippine lawyer or legal aid group with all your documents so they can help you decide the best combination of remedies in your particular case.

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

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