Harassment in the Philippines is not a single crime with one label. It is prosecuted under several specific laws depending on the nature of the acts, the relationship between the parties, the location or medium used, and the gender-based or sexual element involved. The most commonly invoked statutes are Republic Act No. 9262 (Anti-VAWC Act), Republic Act No. 11313 (Safe Spaces Act or Bawal Bastos Law), Republic Act No. 10175 (Cybercrime Prevention Act), Republic Act No. 9995 (Anti-Photo and Video Voyeurism Act), and relevant provisions of the Revised Penal Code (unjust vexation, alarms and scandals, slander, threats, grave coercion, etc.).

This article explains everything you need to know: what acts qualify, under which law to file, exact step-by-step filing procedure, evidence requirements, prescription periods, available protection orders, possible penalties, and practical tips from actual Philippine prosecution and court practice.

1. What Acts Constitute Criminal Harassment?

A. Gender-Based Sexual Harassment (Safe Spaces Act – RA 11313)

Covers catcalling, wolf-whistling, unwanted sexual comments, persistent unwanted invitations, flashing, groping, stalking with sexual intent, and online sexual harassment (posting of lewd photos, sexual remarks in comments or DMs, etc.).

Punishable even if done only once.
Penalties escalate:
– Acts with imprisonment ≤ 1 year (e.g., catcalling) → P1,000–P50,000 fine + community service
– Acts with imprisonment > 1 year (e.g., groping, online sexual harassment) → arresto mayor to prisión correccional (up to 6 years) + higher fines up to P300,000.

B. Violence Against Women and Their Children (RA 9262)

Psychological violence, stalking, repeated verbal abuse, controlling behavior, economic abuse, threats made to a woman or her child by a current or former husband, live-in partner, dating partner, or someone with whom she has a sexual or dating relationship.

Even one serious incident is enough; repeated minor acts establish the “pattern” required for psychological violence.

Penalties: prisión correccional to prisión mayor (6 months–12 years) depending on the act.

C. Cyberlibel / Online Harassment (RA 10175 + Revised Penal Code Art. 355)

Posting false or humiliating statements online, creating fake pornographic images (deepfakes), mass tagging to shame, repeated harassing messages.

Cyberlibel prescription is 12 years (longest in the RPC).
Penalty: prisión correccional in its maximum period to prisión mayor (4 years 2 months–10 years) + fine.

D. Unjust Vexation (Art. 287, Revised Penal Code)

Catch-all provision for annoying, irritating, or vexing acts that do not fall under any other article (repeated prank calls at 3 a.m., banging on door repeatedly without justification, etc.).

Penalty: arresto menor (1–30 days) or fine up to P40,000.

Very commonly used when the harassment is not sexual or not covered by special laws.

E. Alarms and Scandals (Art. 155, RPC)

Creating loud commotion in public, maliciously spreading false rumors that cause panic or annoyance.

F. Photo/Video Voyeurism (RA 9995)

Taking photos or videos of private parts or sexual acts without consent, or distributing them.

Penalty: prisión correccional (6 months–6 years) + fine P100,000–P500,000.

2. Where and How to File the Criminal Complaint

Step 1: Determine if Barangay Conciliation is Required

Barangay lupon is REQUIRED only if:
(a) parties are residents of the same barangay/city/municipality, AND
(b) the penalty does not exceed 1 year imprisonment or fine P5,000 (pre-2023 amendment) or now P400,000 under some interpretations.

In practice:
– RA 9262 (VAWC) → NO barangay required
– Safe Spaces Act violations → NO barangay required
– Cybercrimes → NO barangay
– Pure unjust vexation or alarms and scandals → usually YES barangay required

If you go straight to the prosecutor or police and barangay was required, the case will be dismissed for prematurity.

Step 2: Preserve Evidence Immediately

Screenshots (with time/date visible, do not crop),
Recordings (legal if you are a party to the conversation – RA 4200 exception),
Photos of injuries or damage,
Witness statements (get sinumpaang salaysay early),
Call/text logs,
Medical/psychiatric certificate if trauma is claimed.

Step 3: Choose Where to File

Option A – Police Station (Recommended first step in almost all cases)
Go to the nearest police station or to the Women and Children Protection Desk (WCPD).
Ask to enter the incident in the police blotter.
Request that the duty investigator prepare a Complaint Sheet or Referral Letter to the Prosecutor.
For VAWC and sexual harassment cases, the PNP is required to assist you in filing.

Option B – Directly to the Office of the City/Provincial Prosecutor
Bring your Complaint-Affidavit (signed and sworn before a notary or the prosecutor himself).
Bring all evidence and IDs.
The prosecutor will assign a docket number and give you a subpoena schedule for the respondent.

Option C – Directly to the Court (only in very limited cases)
Allowed under RA 9262 for the criminal aspect if you simultaneously file for Temporary/Permanent Protection Order.
Also allowed for violations of Barangay Protection Orders.

Step 4: Contents of the Complaint-Affidavit

Must contain:

Your full name, address, contact details
Name and address of the respondent (as complete as possible)
Narration of facts (dates, times, places, exact words used, how acts were committed)
Statement that you are executing the affidavit to charge the respondent with violation of specific laws
Certification of non-forum shopping
Attach evidence as annexes and mark them.

Sample caption format used nationwide:

REPUBLIC OF THE PHILIPPINES
DEPARTMENT OF JUSTICE
OFFICE OF THE CITY PROSECUTOR
Quezon City

MARY JANE DOE,
Complainant,

– versus –

IS No. _____________
For: Violation of Republic Act No. 11313
(In relation to R.A. 10175)

JOHN RICHARD ROE,
Respondent.
x——————————x

COMPLAINT-AFFIDAVIT

Step 5: Preliminary Investigation Process

After filing, the prosecutor issues subpoena to respondent (15–30 days to submit Counter-Affidavit).
You may file Reply-Affidavit within 10 days.
Prosecutor may call for clarificatory hearing.
Resolution issued within 60–90 days usually.
If probable cause found → Information filed in court.
If dismissed → you may file Motion for Reconsideration (10 days), then appeal to DOJ within 15 days if denied.

3. How to Get Immediate Protection While the Criminal Case is Ongoing

A. Barangay Protection Order (BPO)

Valid 15 days, issued within 24 hours.
Go to your barangay, narrate the harassment, request BPO.
Very effective for neighbors, ex-partners, stalkers in the same area.

B. Temporary Protection Order (TPO) under RA 9262

Valid 30 days, issued by Family Court within 24 hours (if urgent) or 72 hours.
Can include stay-away order, custody of children, support, etc.

C. Permanent Protection Order (PPO)

Issued after hearing, valid indefinitely until lifted.

D. Protection Order under Safe Spaces Act

The victim may file for a Protection Order in the Family Court or Regional Trial Court even without a criminal case.

4. Prescription Periods (Do Not Sleep on Your Rights)

Unjust vexation, light threats, slander by deed – 1 year
Acts under Safe Spaces Act – generally 3–6 years depending on penalty
Cyberlibel – 12 years
VAWC psychological violence – 20 years (DOJ Circular 2023)
Photo/video voyeurism – 10 years

5. Practical Tips That Actually Work in Philippine Courts

File immediately while evidence is fresh. Judges and prosecutors hate “stale” complaints.
Use multiple laws in one complaint if facts fit (e.g., Safe Spaces + Cybercrime + Unjust Vexation). Prosecutors usually retain all.
If the harasser is a public official or employee, file administrative case simultaneously with CSC or Ombudsman — they move faster.
For online harassment, have the posts notarized or ask NBI Cybercrime Division to preserve the evidence.
Bring a lawyer or PAO if possible. PAO lawyers handle thousands of these cases yearly and know the prosecutors personally.
If the prosecutor dismisses the case unjustly, appeal to the DOJ immediately. DOJ Secretary reversals are common in harassment cases.
Do not agree to “amicable settlement” in VAWC or Safe Spaces cases — these are public crimes; settlement does not extinguish criminal liability.

Filing a criminal complaint for harassment in the Philippines is your constitutional and statutory right. The laws are victim-centered, the procedures are designed to protect you, and the State is mandated to assist you at every step. Do not hesitate to use them.