How to File a Cyber Libel Complaint in the Philippines Against False Posts

This article explains how cyber libel works in the Philippines, what you must prove, where and how to file, timelines, defenses, remedies, and practical tips for preserving and presenting online evidence.

What is “cyber libel”?

Cyber libel is the crime of libel—a public and malicious imputation of a crime, vice, defect, real or imaginary—committed through a computer system (e.g., Facebook, X/Twitter, YouTube, blogs, group chats, forums). Cyber libel tracks the Revised Penal Code (RPC) definition of libel; the Cybercrime Prevention Act of 2012 applies when it’s done online and generally raises the penalty by one degree.

Elements you must establish

Defamatory imputation: A statement imputing a discreditable act, condition, status, or vice.
Publication: It was communicated to someone other than you (e.g., posted online, sent to a group chat with others).
Identifiability: It clearly refers to you—even if you’re not named—so that third persons can identify you.
Malice: Malice is presumed by law in libel, unless the communication is privileged. For public officials/figures and matters of public interest, you should be ready to prove actual malice (knowledge of falsity or reckless disregard of truth).

Likes, simple reactions, or passive sharing are generally not the basis of criminal liability by themselves; liability focuses on the original author/poster (and in some situations, editors/publishers/business managers in traditional media).

Where can you file?

Under Article 360 of the RPC (venue rules for libel as applied to online posts), you may generally file in any of the following:

Where you (the offended private individual) reside at the time of the offense; or
Where the public officer holds office (if the offended party is a public officer); or
Where the libelous content was first published (adapted for online contexts).

Courts have treated online “publication” flexibly; filing where the private complainant resides is common and practical. Cybercrime complaints are usually investigated by the Office of the City/Provincial Prosecutor with assistance from:

NBI Cybercrime Division (for technical forensics, preservation, and unmasking requests); or
PNP Anti-Cybercrime Group (ACG).

Prescriptive period (deadline to file)

Libel under the RPC prescribes in one year from publication. However, cyber libel—being punished under a special law with a higher penalty—has been treated under the special-law prescription rules, which in practice has meant a longer prescriptive period (up to 12 years). Because timelines can be outcome-determinative and jurisprudence evolves, file as early as possible and assume the shorter period if in doubt.

Step-by-step: Filing a cyber libel complaint

1) Preserve the evidence immediately

Take full-page screenshots/screencasts showing the post/comment, date, time, and URL.
Capture the URL and ID of the post, profile handle, and permalinks. Save HTML and PDF versions.
Record metadata if available (e.g., message headers, page source).
Hash files (e.g., SHA-256) to show integrity.
Send platform preservation requests (many sites honor preservation under law-enforcement letter; NBI/PNP can issue).
Avoid altering your device clock; keep original files and export copies.

Under the Rules on Electronic Evidence, authenticity, integrity, and reliability are key. Clear chains of custody and hashing greatly help.

2) Prepare your Affidavit-Complaint

Your affidavit should:

Identify you, the respondent(s), and the exact defamatory statements (quote verbatim and attach exhibits).
Explain why the statements are false and how they refer to you.
Show publication (who else saw it; follower counts, shares, comments).
Establish malice (e.g., prior grudge, refusal to correct, reckless disregard of obvious facts).
Attach evidence (screenshots, notarized printouts, device extraction reports, witness affidavits).
Include damages suffered (reputation, lost opportunities, mental anguish), supported by documents if any.
If the poster is anonymous, explain the indicators linking the handle to a real person and request subpoenas/data disclosure through law enforcement or the prosecutor.

Notarize the affidavit and witness statements. Paginate and label annexes (Annex “A”, “A-1”, etc.) and include a simple evidence index.

3) File with the Prosecutor or seek law-enforcement assistance

You can:

File directly with the Office of the City/Provincial Prosecutor (where you reside, or other proper venue).
First go to NBI Cybercrime or PNP-ACG to open a complaint, get help with evidence preservation and identification, then proceed to the prosecutor with their referral.

There are no filing fees for criminal complaints. Some offices accept e-mail/online filing; check local rules.

4) Preliminary Investigation

The prosecutor issues a subpoena to the respondent with your complaint and annexes.
The respondent files a Counter-Affidavit; you may file a Reply.
The prosecutor resolves probable cause. If found, an Information for cyber libel is filed in the Regional Trial Court (RTC) (libel cases are cognizable by the RTC).
A warrant of arrest may issue. Bail is usually available; amounts follow the latest bail guidelines.

5) Trial (criminal), and damages (civil)

The criminal case proceeds in the RTC.
Your civil action for damages is deemed instituted with the criminal case unless you waive or reserve the right to file separately.
You may claim moral, exemplary, and actual damages, plus attorney’s fees. A retraction/apology can mitigate—but not erase—criminal liability or damages.

Evidence: Building a strong online defamation case

What evidence is persuasive?

Direct captures: Screenshots with URL bars, timestamps, and profile links.
Archival copies: PDF/HTML exports; DO NOT crop out context.
Forensic extractions: From devices or platforms (NBI/PNP can assist).
Witnesses: People who saw the post (especially before deletion).
Expert testimony: On metadata, IP logs, authorship indicators.
Reputation/damages: Letters from clients/employers, financial records, medical/psych evals (if claiming mental anguish).

Authentication tips under the Rules on Electronic Evidence

Show the system or process that generated/captured the item (phone/computer, app, settings).
Prove integrity (hash values, write-once storage, audit log).
Maintain an unbroken chain of custody from capture to courtroom.

Key defenses you’ll face (and how to address them)

Truth + good motives: Truth alone is not always enough; the RPC requires truth plus good motives and justifiable ends in many libel contexts.
Fair comment/qualified privilege: Opinions, fair and true reports of official proceedings, and private complaints to authorities may be privileged if done in good faith and without malice.
Public figure / public interest: For public officials/figures, the standard tends toward actual malice. Gather proof that the poster knew it was false or recklessly ignored the truth.
Lack of identifiability or publication: Ensure the words clearly point to you and were seen by others.
Good-faith mistake / immediate takedown: May mitigate, but do not automatically bar liability.

Penalties, probation, and collateral consequences

Cyber libel carries higher imprisonment ranges than offline libel, plus fines (the amounts in the RPC were updated by later legislation). Courts may calibrate penalties based on circumstances.
Probation may or may not be available depending on the actual penalty imposed.
Convictions can affect employment, licensure, and immigration; consult counsel early.

Can you force a takedown?

The Cybercrime Law’s broad government takedown power was curtailed by the Supreme Court on constitutional grounds. Generally, prior restraint is disfavored.
Practically, you can:
- Report to the platform for Community Standards violations.
- Seek voluntary removal or right-of-reply.
- In a civil case, move for injunctive relief in carefully framed circumstances (courts are cautious).

Cross-border and anonymity issues

If the poster or servers are abroad, expect MLAT or international process for data requests, which takes time.
Start with preservation and file the complaint to anchor the timeline; law enforcement can pursue IP/subscriber data via subpoenas and court orders.

Practical checklist (use this before you file)

Within 48 hours

Screenshot/screencast the post(s) with URL, date/time, and profile link.
Save HTML/PDF, export chat histories, and hash files.
List witnesses who saw the post before deletion.
Draft a brief chronology of events and why the post is false.

Within 1–2 weeks

Notarized Affidavit-Complaint with annexes.
File with City/Provincial Prosecutor (proper venue) and/or coordinate with NBI/PNP-ACG.
If the poster is anonymous, request subpoenas/data disclosure assistance.

Ongoing

Track further posts/re-uploads and preserve them.
Avoid public fights that create more “publication”; let counsel respond.
Consider parallel civil action for damages if strategic.

FAQs

Q: The post was deleted. Can I still file? Yes—if you preserved evidence and/or have witnesses or platform records. Deletion doesn’t erase the crime.

Q: Can I sue everyone who shared it? Criminal liability generally targets the original author. Those who merely “liked” or passively shared are not automatically criminally liable.

Q: What if I’m a public official or public figure? Be prepared to prove actual malice. Collect evidence showing the poster knew it was false or recklessly disregarded the truth.

Q: Is mediation possible? Yes. Prosecutors sometimes facilitate settlement; apologies/retractions can mitigate penalties and civil damages.

Final notes

Move early—timelines and preservation are crucial.
Venue strategy matters—filing where you reside is often the most practical.
Evidence wins cases—treat your digital evidence like forensic evidence.
Get counsel—a lawyer can align your criminal complaint and any civil damages claim, navigate privileged defenses, and coordinate with NBI/PNP-ACG.

This guide is for general information and is not a substitute for legal advice on your specific facts.