This practical, Philippine-specific guide explains your legal options, how to preserve evidence, and where to file complaints—criminal, civil, administrative, and protective—when facing cyber harassment or online stalking.
1) What counts as “cyber harassment” or “online stalking”?
In the Philippine context, harmful online conduct can fall under several laws depending on the behavior and the relationship between the parties. Common fact patterns include:
- Repeated, unwanted messages or contact designed to cause fear or substantial emotional distress (online stalking, targeted harassment, “doxxing,” threats).
- Impersonation or account takeovers (identity theft/unauthorized access).
- Non-consensual sharing of intimate images or recordings.
- Gender-based online sexual harassment (GBOSH), including lewd remarks, unwanted sexual advances, or sharing of sexualized content.
- Defamatory attacks (including “cyber libel”).
- Harassment or child-targeted abuse (e.g., grooming, sexual exploitation, bullying).
The same incident can implicate multiple statutes. You don’t have to pick the “perfect” law before seeking help—law enforcement and counsel can reframe or add charges as facts develop.
2) The main laws that may apply
Cybercrime Prevention Act of 2012 (R.A. 10175) Creates “cybercrimes” and aggravates certain offenses when done through information and communications technologies (ICT). Often relevant for:
- Cyber libel;
- Computer-related identity theft/forgery;
- Unauthorized access/illegal interception;
- Data interference; and
- Aiding/abetting cybercrimes. Law enforcement commonly relies on its procedures to secure digital evidence.
Safe Spaces Act (R.A. 11313) & IRR Prohibits gender-based online sexual harassment (GBOSH)—unwanted sexual remarks, threats, misogynistic, transphobic or homophobic slurs, unwanted sharing of one’s images, stalking via digital platforms, etc. Complaints may be lodged with the barangay, PNP, NBI, schools, or workplaces (through internal mechanisms).
Anti-Photo and Video Voyeurism Act (R.A. 9995) Penalizes taking, copying, or sharing intimate images/videos without consent, even if consensually taken at the time.
Anti-Violence Against Women and Their Children Act (R.A. 9262) Covers psychological violence and stalking done by a spouse, ex-spouse, intimate partner, or someone with whom the woman has/had a sexual or dating relationship, including acts committed online. Enables protection orders (BPO/TPO/PPO).
Data Privacy Act (R.A. 10173) & NPC Rules Protects personal information. Unlawful disclosure, processing, or failure to secure personal data (e.g., doxxing, database leaks) can be grounds for complaints with the National Privacy Commission (NPC), in addition to criminal/civil action.
Special laws regarding children
- Anti-OSAEC and Anti-CSAEM Act (R.A. 11930) (and related rules): online sexual abuse or exploitation of children.
- Anti-Child Pornography Act (R.A. 9775); Special Protection of Children Against Abuse, Exploitation and Discrimination (R.A. 7610). These trigger mandatory reporting and specialized procedures; involve the PNP-WCPD, NBI, and social workers.
Revised Penal Code (RPC) & jurisprudence Depending on facts: grave threats, unjust vexation, grave coercion, acts of lasciviousness, intriguing against honor, etc.—when done through ICT, penalties may be increased under R.A. 10175. For defamation, “cyber libel” is treated as libel committed through ICT.
Which law applies depends on the relationship (stranger vs intimate partner), the content (sexualized, defamatory, threatening), and the means (hacking, doxxing, distribution).
3) Where to file a complaint (criminal/administrative)
A. Law enforcement (criminal complaints)
PNP Anti-Cybercrime Group (ACG) File a complaint at the nearest police station or directly with the ACG. Bring evidence (see Section 5). For women/children cases, the PNP Women and Children Protection Desk (WCPD) may take lead, often coordinating with ACG.
NBI Cybercrime Division Accepts walk-ins and online pre-screening (practice varies by office). Suitable for complex investigations (identity theft, account takeovers, extortion, non-consensual intimate image cases, etc.).
Prosecutor’s Office (Inquest or Regular Filing) After initial intake and evidence gathering, cases proceed to the City/Provincial Prosecutor for preliminary investigation. You (or law enforcement) submit a complaint-affidavit with annexes (screenshots, links, device forensics reports, etc.). The prosecutor may subpoena respondents for counter-affidavits.
Venue/Jurisdiction (practical view): You can generally start with the police/NBI nearest to you; cyber offenses are often treated as continuing offenses that happen where the content is produced, transmitted, or accessed, but law enforcement will guide venue choices.
B. Barangay (for certain cases)
- R.A. 9262 (VAWC): You may seek a Barangay Protection Order (BPO) against an intimate partner/ex-partner engaged in online stalking or harassment. BPOs are immediately executable and typically effective for a short, fixed period, with court-issued TPO/PPO available thereafter.
- Safe Spaces Act: Barangays can receive GBV/GBOSH reports and help with referrals.
Barangay conciliation under the Katarungang Pambarangay may not apply to offenses punishable by more than one year or involving government as complainant; VAWC cases are exempt from mandatory conciliation.
C. National Privacy Commission (NPC)
If the problem involves personal data misuse (e.g., doxxing, unlawful disclosure, unauthorized processing), you can file a complaint with the NPC after first raising the concern with the personal information controller (PIC) (e.g., a platform, school, employer) and failing to get adequate redress. NPC can conduct investigations and issue compliance orders, separate from any criminal case.
D. Platforms, schools, and workplaces
- Social platforms (Facebook, X, TikTok, etc.) have report/takedown tools; violations of community standards can lead to content removal and account sanctions.
- Schools (K–12 under the Anti-Bullying Act; universities via student codes) must accept reports; cyberbullying and GBOSH are sanctionable.
- Workplaces must have Safe Spaces Act/Anti-Sexual Harassment policies; HR must receive complaints, investigate, and act.
4) Protection orders and urgent relief
- Barangay Protection Order (BPO) under R.A. 9262: Quick, short-term relief against an intimate partner’s harassment/stalking, including online conduct.
- Temporary Protection Order (TPO) and Permanent Protection Order (PPO) from the Family/Regional Trial Court: Broader, longer relief—no-contact orders, stay-away directives, custody/visitation arrangements, device/account surrender, and other conditions the court deems necessary.
- Safe Spaces Act remedies may include administrative sanctions in schools/workplaces and referrals for prosecution.
- For minors, courts and agencies coordinate with DSWD and social workers; interviews follow child-sensitive protocols.
5) Evidence: what to collect and how to preserve it
Do this immediately, before confronting or blocking an offender (unless safety demands blocking first):
- Screenshots & screen recordings Capture the full screen with visible URL, date/time, and account handle. For mobile apps, capture profile pages, message headers, and any context screens (e.g., group info).
- Export message threads Download full conversation exports (where available) and save original files (images, videos, audio).
- Links and IDs Copy post URLs, message links, user IDs/handles, and group/page URLs.
- Metadata & headers Preserve email headers, filenames, and platform-generated logs.
- Devices & cloud backups Keep the original device unaltered (avoid factory resets). If possible, make a forensic image through law enforcement or a qualified examiner.
- Chain of custody Keep a simple log: what was collected, when, by whom, and where stored.
- Witnesses List people who saw the posts/messages; ask them to preserve their own screenshots/exports.
- Platform reports File in-app reports and save the confirmation or ticket numbers.
- Personal impact file Keep a timeline of incidents, any costs incurred, medical or counseling records, and work/school disruptions (useful for damages or protective relief).
In court, electronic evidence is admissible under the Rules on Electronic Evidence. Authenticity, integrity, and reliability matter: original exports, logs, and consistent metadata make your case stronger.
6) How to draft and file a complaint‐affidavit (criminal)
A complaint-affidavit is your sworn narrative plus your evidence annexes. Structure it like this:
Title/Caption – “Affidavit-Complaint” against [Name/Unknown], for violation of [e.g., R.A. 10175 (Cybercrime), R.A. 11313 (GBOSH), R.A. 9995, R.A. 9262], etc.
Your personal details – Name, age, address (you may request confidentiality in sensitive cases), contact info.
Jurisdiction & venue statement – Briefly state why the office you’re filing with is proper (e.g., you received the threats in [City], you reside here, or the content was accessed here).
Narrative of facts – Chronological, numbered paragraphs:
- How the harassment began;
- Accounts and platforms involved;
- Specific posts/messages (quote briefly and attach full copies as annexes);
- Any threats, extortion, sexual content, or doxxing;
- Your attempts to stop it;
- Platform reports filed;
- Impact on you (fear, anxiety, reputational harm, work/school effects).
Legal basis – Identify likely offenses (you can cite multiple, “without prejudice” to amendment).
Reliefs sought – Investigation, prosecution, takedown requests, preservation orders, and if applicable, protective measures.
Annexes – Label clearly (Annex “A,” “B,” …). Include a simple evidence index.
Verification & jurat – Swear before a prosecutor or notary (bring a valid ID).
If the respondent is unknown (e.g., burner accounts), law enforcement can issue lawful requests to platforms or service providers to trace identifiers. Provide every clue you have (handles, timestamps, links).
7) Parallel tracks you can run at the same time
- Criminal complaint with PNP/NBI → Prosecutor → Court.
- Protection orders (BPO/TPO/PPO) for safety and no-contact relief.
- Administrative complaints with NPC, schools, or workplaces.
- Platform takedowns and account sanctions.
- Civil action (damages, injunction) in appropriate courts—often advisable if reputational or economic harm is significant.
These tracks don’t block each other; they can reinforce your overall remedy.
8) Special notes by scenario
A. Non-consensual intimate images (NCII)
- Save the original file if you have it; note when and to whom it was first shared.
- R.A. 9995 and the Safe Spaces Act both apply; R.A. 10175 may aggravate penalties because ICT was used.
- Ask law enforcement about expedited takedowns and preservation letters to platforms.
B. Impersonation / account takeover
- Change passwords, enable multi-factor authentication, revoke sessions.
- Capture evidence of the impersonation (profile page + content) and file for identity theft and related offenses.
- Consider a public notice or employer/school advisory to limit damage while investigations proceed.
C. Anonymous threats / doxxing
- Treat as grave threats/unlawful processing/GBOSH as facts warrant; keep logs of any offline surveillance or deliveries.
- Don’t retaliate or engage; let law enforcement coordinate tracing through legal channels.
D. Minors involved
- Do not share child sexual abuse material during reporting; follow instructions from PNP/NBI on how to flag without further distributing contraband.
- Schools have child protection protocols; notify the Child Protection Committee.
- Parents/guardians (or the child with a guardian) can file complaints; interviews should be child-friendly with a social worker.
9) After filing: what to expect
- Initial assessment: law enforcement screens and may request clarifications or additional evidence.
- Digital forensics: with appropriate authority, investigators can seek subscriber information, IP logs, and content from platforms.
- Prosecutor stage: preliminary investigation (complaint, counter-affidavit, rejoinder) results in resolution to file or dismiss.
- Court proceedings: arraignment, pre-trial, trial; you may apply for protective measures (e.g., closed-door testimony in sensitive cases).
- Settlements: some offenses allow compromise only as to civil liability; many cannot be compromised—take counsel’s advice before agreeing to anything.
- Takedowns: platform removals are independent of criminal timelines; keep following up using ticket numbers.
10) Practical tips to strengthen your case
- Act quickly but methodically. Preserve evidence first; then report.
- Be consistent. Names, dates, and time zones should match across your affidavit, screenshots, and exports.
- Protect your safety. If you’re in immediate danger, prioritize physical safety and contact authorities urgently.
- Limit further exposure. Adjust privacy settings, but avoid deleting original evidence until investigators confirm it’s preserved.
- Consider counsel. A lawyer can help pick the strongest legal theory, draft pleadings, and liaise with law enforcement and platforms.
- Mind prescriptive periods. Some offenses have short filing windows; don’t delay seeking legal advice.
- Wellness matters. Harassment is traumatic. Keep documentation of counseling or medical visits; they also support damages claims.
11) Sample complaint-affidavit skeleton (you can copy and adapt)
AFFIDAVIT-COMPLAINT I, [Name], Filipino, of legal age, with address at [City/Province], after having been duly sworn, depose and state that:
- I am filing this complaint for violations of R.A. 10175, R.A. 11313, R.A. 9995, R.A. 9262 (as applicable), and other related laws against [Name/Unknown].
- On [date] at around [time, time zone], the respondent using the account [@handle or URL] sent me [type of content] consisting of [brief description] (Annex “A”).
- Since then, the respondent has [pattern: daily messages, threats, doxxing, sexual remarks, etc.] (Annexes “B”–“E”).
- I suffered [fear, anxiety, reputational/financial harm]; I reported to [platform/police/NBI/barangay/NPC] under ticket/case no. [if any] (Annex “F”).
- These acts constitute [legal theory: GBOSH under R.A. 11313; NCII under R.A. 9995; identity theft under R.A. 10175; VAWC psychological violence under R.A. 9262; libel; threats; etc.].
- I request investigation, prosecution, and such interim relief as law and equity allow, including takedown and preservation of evidence and protective orders as appropriate. Annexes: Evidence index (screenshots/exports/links/headers). VERIFICATION/JURAT before the prosecutor or notary.
12) Quick checklists
When harassment happens:
- ☐ Screenshot + export chats/posts (with URLs/time).
- ☐ Save original files; keep device unaltered.
- ☐ Log dates/times; list witnesses.
- ☐ Report to platform; save ticket.
- ☐ If intimate partner/ex-partner: seek BPO/TPO.
- ☐ File with PNP-ACG/NBI; prepare complaint-affidavit.
- ☐ If personal data misuse: raise with the entity → escalate to NPC.
- ☐ If school/workplace-related: file with internal committee/HR.
Evidence pack to bring:
- ☐ Government ID;
- ☐ Printed affidavit + USB/cloud folder with annexes;
- ☐ Device(s) for viewing (don’t hand over without receipt/coordination);
- ☐ List of accounts/handles/links;
- ☐ Timeline of incidents;
- ☐ Copies of platform tickets and any medical/psychological reports.
13) Frequently asked questions
Do I need the harasser’s real name? No. You can file against unknown persons; investigators can seek subscriber/usage data through legal process.
Can I sue for damages? Yes. You may file a separate civil action for moral, exemplary, and actual damages, or pursue civil liability alongside the criminal case.
What if the content is already viral? Focus on preservation and takedown: document where it appears (search results, mirrors), and file coordinated reports. Courts can grant injunctive relief in civil/protective proceedings.
Will I have to testify? Often yes in criminal cases. Sensitive matters (sexual content, minors) can be heard in camera and with protective measures.
Final word
You have multiple, complementary routes to accountability and safety in the Philippines: criminal prosecution, protection orders, administrative remedies, civil damages, and platform enforcement. Start by securing your evidence, then report promptly to the appropriate channel(s). When in doubt, file with PNP-ACG or NBI and consult counsel—your case can be reframed as facts and digital traces are developed.