I. Overview

Cyberbullying and online harassment are no longer “minor” problems in Philippine law. Various statutes now treat harmful online behavior as punishable—sometimes with heavier penalties than their “offline” counterparts.

This article explains, in Philippine context:

What conduct can be considered cyberbullying or online harassment
What laws may apply
Where and how to file a complaint (school, barangay, police, NBI, prosecutor, court)
Special rules for minors, women, and workers
Practical tips on evidence and procedure

It is a general guide and not a substitute for individualized legal advice.

II. Legal Framework

There is no single law named “Anti-Cyberbullying Act” for all situations. Instead, several laws work together, depending on:

Who is involved (child, adult, employee, spouse/partner, etc.)
The nature of the act (threats, sexual harassment, defamation, impersonation, etc.)
The setting (school, workplace, public social media, private chat, etc.)

1. Cybercrime Prevention Act of 2012 (Republic Act No. 10175)

RA 10175 does three crucial things:

Creates “cybercrimes”, including:
- Cyberlibel (online libel)
- Cybersex
- Illegal access, data interference, system interference
- Identity theft
Increases penalties when crimes under other laws are committed with the use of an information and communications technology (ICT) system (e.g., threats, coercion, unjust vexation done online).
Provides specialized investigation and jurisdiction rules, including:
- Specialized cybercrime units (PNP Anti-Cybercrime Group, NBI Cybercrime Division)
- Rules on where cases can be filed (including where the complainant resides, where the computer system is located, etc.).

In practice, a lot of “cyberbullying” ends up classified as:

Cyberlibel – if the post imputes a discreditable act, condition, or status to a person and is public and defamatory
Grave threats / light threats – if threats to life, limb, or property are made online
Unjust vexation or other light offenses under the Revised Penal Code, if the conduct is not overtly threatening but persistently annoying or humiliating
Identity theft – if the harasser uses another’s identity or account without authority

2. Revised Penal Code (RPC)

Even before RA 10175, the RPC already punished many acts that can be committed online:

Libel (Arts. 353–362) – public and malicious imputation of a crime, vice, or defect
Slander / oral defamation – spoken defamation (e.g., voice chats, spaces)
Grave threats / light threats – threatening another with harm or injury
Grave coercion (Art. 286) – preventing someone from doing something not prohibited by law, or compelling them to do something against their will
Unjust vexation – acts that annoy or irritate without justification

When any of these are done “through an ICT,” RA 10175 can apply and increase the penalty.

3. Anti-Bullying Act of 2013 (Republic Act No. 10627)

RA 10627 applies to students in basic education (public and private elementary and high schools). It requires all schools to:

Adopt anti-bullying policies
Treat cyberbullying as a form of bullying

“Cyberbullying” under this law includes bullying done through:

Social networks
Texts, chats, emails
Any electronic device

Important: RA 10627 mainly establishes administrative and school-based procedures, not criminal penalties. But it can coexist with criminal charges under other laws.

4. Safe Spaces Act (Republic Act No. 11313)

RA 11313 punishes gender-based online sexual harassment, including:

Unwanted sexual comments or jokes online
Invasive, lewd, or sexual remarks on one’s appearance, body, or sexual orientation
Threats, unwanted sexual advances or propositions online
Unauthorized sharing of photos or videos with sexual content
Impersonation or use of one’s identity to smear or harass them sexually

Complaints can be brought before:

The barangay (for certain cases)
The PNP or NBI (for criminal cases)
School or employer, for administrative sanctions if the harassment is in those settings

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

If the online harassment is by:

A current or former husband
A person with whom the woman has or had a sexual or dating relationship
A person with whom she has a common child

then RA 9262 may apply. Online harassment, surveillance, stalking, or humiliation can be part of “psychological violence.”

Victims may seek:

Barangay Protection Orders (BPO)
Temporary or Permanent Protection Orders from the court
Criminal prosecution for VAWC

6. Anti-Photo and Video Voyeurism Act (RA 9995)

This law punishes, among others:

Taking photo/video of a person’s private act or nudity without consent
Copying, sharing, or uploading such material without consent
Even if the subject originally consented to the recording but not to its distribution

This often applies in “revenge porn” or non-consensual leak situations.

7. Laws Protecting Children (RA 7610, RA 9775, etc.)

If the victim is a minor, the following may apply:

RA 7610 – Special Protection of Children Against Abuse, Exploitation and Discrimination
RA 9775 – Anti-Child Pornography Act
RA 10627 – Anti-Bullying Act (school setting)
RA 11313 – Safe Spaces Act, if harassment is gender-based

These laws can significantly increase penalties and impose reporting duties on schools and institutions.

8. Data Privacy Act (RA 10173) & Civil Code remedies

Depending on the nature of the harassment, the Data Privacy Act may be relevant, especially if personal data is unlawfully processed, disclosed, or used.

The Civil Code also allows civil damages based on:

Violation of privacy and dignity (e.g., Art. 26)
Defamation and similar torts
Willful or negligent acts causing damage (Art. 19, 20, 21)

III. Typical Cyberbullying & Online Harassment Situations

Some common scenarios and possible legal anchors:

Humiliating posts or threads about a person
- Cyberlibel / libel
- Unjust vexation
- Possible Safe Spaces Act if sexual or gender-based
Group chats used to mock, insult, and exclude a student
- Bullying/cyberbullying under RA 10627 (school action)
- Cyberlibel / unjust vexation for criminal complaint
Threats to harm, doxxing, or blackmail via social media or chat
- Grave threats / light threats
- Grave coercion (e.g., “send nude photos or else…”)
- RA 9995 or RA 9775 if sexual material is involved
Impersonating someone online to ruin their reputation
- Identity theft under RA 10175
- Cyberlibel / defamation
- Possible Data Privacy issues
Non-consensual sharing of intimate photos or videos
- RA 9995 (Anti-Photo and Video Voyeurism)
- RA 9775 and/or RA 7610 if child involved
- RA 9262 if offender is partner or ex-partner
- Safe Spaces Act for gender-based online sexual harassment

IV. Where Can You File a Complaint?

You may have multiple options, often used together:

School (for students)
Barangay
Police (PNP Anti-Cybercrime Group)
NBI (Cybercrime Division)
Office of the City/Provincial Prosecutor
Courts (for protection orders or civil damages)
Online platforms (reporting or takedown)

You do not have to choose only one. For example, a student victim may:

Activate school anti-bullying procedures, and
File a police report / NBI complaint, and
Eventually pursue a criminal case in the prosecutor’s office/court.

V. Preparing to File: Evidence and Documentation

Before filing anywhere, preserve evidence. Online content can be deleted or edited quickly.

1. Collect and preserve digital evidence

Do the following as soon as possible:

Take screenshots showing:
- Entire screen, including URL, date/time, and username
- Full conversation threads, not just the single insulting message
Download or export:
- Chat logs (Messenger, Viber, WhatsApp, etc.)
- Emails
- Photos, videos, voice messages
Keep records of:
- Profile URLs, user IDs, email addresses, phone numbers
- Any other accounts used by the harasser
Save copies on:
- At least one external drive or USB
- Cloud storage, if safe

When possible, keep the original files (not just screenshots) because they may contain metadata useful to forensic investigators.

Some complainants also:

Print important screenshots
Have them certified or notarized with an attached affidavit describing when and how they were captured (not always required but can help with authenticity).

2. Prepare a timeline

Write out a chronological timeline of events:

When the harassment started
Key events (posts, messages, threats, leaks, etc.)
Your reactions (e.g., you blocked them, reported to school, etc.)
Any harm suffered (fear, anxiety, missing school/work, etc.)

This will make it much easier to draft your complaint-affidavit later.

3. Identify the harasser (as far as possible)

Ideally you want:

Full name (or at least name used in school or workplace)
Address (residential or known location)
Relationship to you (classmate, co-worker, ex-partner, stranger online, etc.)

If the harasser’s identity is unknown (e.g., burner account), law enforcement may be able to help, but success can be harder, especially if they are abroad.

VI. Filing in Schools (for Students) – RA 10627

For bullying or cyberbullying involving basic education students:

Check the school’s anti-bullying policy Schools are required to have procedures for reporting and handling bullying.
Submit a written report to:
- The class adviser
- Guidance counselor
- School administration (principal, discipline office, etc.)
Include in your report:
- The full narrative of the bullying/cyberbullying
- Names of students involved (victim, bullies, witnesses)
- Evidence (screenshots, printouts, URLs)
The school should:
- Start an investigation
- Notify parents/guardians as needed
- Provide interventions (counseling, discipline, etc.)
- Implement protective measures to prevent further bullying

If the school ignores or mishandles the complaint, you can escalate to:

Division Office / Regional Office of the Department of Education
Consider separate criminal or civil actions if applicable

VII. Barangay-Level Remedies

The barangay can be involved in two main ways:

Blotter / incident report – to officially record what happened
Katarungang Pambarangay (Lupon) – mediation and conciliation for disputes between residents of the same city/municipality, when the law allows it

However, not all cases can be handled by the Lupon (e.g., serious crimes, VAWC cases, offenses with higher penalties, cases with government employees acting in official duties). Some may go directly to prosecutors/police.

What to bring to the barangay

Valid ID
Written narrative (or be ready to narrate)
Copies of screenshots and supporting evidence
Names and addresses of the harasser and witnesses

The barangay may:

Call the parties for mediation
Issue a certificate to file action, if mediation fails or the case is not within barangay jurisdiction
For VAWC and certain harassment under RA 9262, issue a Barangay Protection Order (BPO)

VIII. Filing with Law Enforcement

1. Philippine National Police – Anti-Cybercrime Group (PNP-ACG)

You can go to:

The nearest police station (for an initial blotter and referral), or
A regional PNP-ACG office, or the national office (if accessible)

What to prepare:

Valid government-issued ID
Written statement / timeline of events
Printed and electronic copies of your evidence
Contact information where they can reach you

At the station or ACG office, you will typically:

Give a sworn statement (affidavit) describing what happened.
Turn over copies of your evidence.
Receive a case reference number (and possibly a blotter entry).

The police may then:

Conduct digital forensics (when applicable)
Request information from service providers or platforms, through proper legal channels
File a case or refer the matter to the prosecutor’s office

2. National Bureau of Investigation – Cybercrime or Computer Crimes Division

The NBI accepts walk-in complainants for cybercrime. The process is similar:

Fill out a complaint form or give a narrative
Execute a complaint-affidavit
Submit evidence (soft and hard copies)

The NBI may conduct further investigation and then file a complaint before the prosecutor’s office.

Practical tip: For complex cases (identity theft, large-scale harassment, cross-border actors), approaching the NBI or PNP-ACG early often helps.

IX. Filing a Criminal Complaint with the Office of the Prosecutor

For many cyberbullying/harassment cases, the central legal step is filing a criminal complaint-affidavit with the Office of the City or Provincial Prosecutor.

1. Venue (Where to file)

Generally, you can file in:

The place where the offense was committed, or
In cybercrime cases, often also where the offended party resides (subject to rules on jurisdiction and RA 10175)

In practice, complainants usually file where they live or where the harmful acts were felt.

2. Complaint-Affidavit

The complaint-affidavit is a sworn statement that:

Narrates all relevant facts in chronological order
Identifies the offense(s) (e.g., cyberlibel, grave threats, unjust vexation, Safe Spaces Act violation, etc.)
Names the respondent(s), if known
Attaches supporting evidence as annexes (screenshots, copies of posts, messages, etc.)

Basic parts:

Title – e.g., “Affidavit-Complaint” or “Complaint-Affidavit”
Parties – identifying the complainant and respondent
Narration of facts – who, what, when, where, how
Legal basis – brief statement of which laws you believe were violated
Prayer – requesting that charges be filed and offenders be prosecuted
Annexes – numbered attachments (Annex “A,” “B,” etc.)
Jurat – notarization, with the affiant swearing before a notary or authorized administering officer

Witnesses may submit their own supporting affidavits.

3. Filing and Preliminary Investigation

Once filed, the prosecutor will:

Docket the case and assign a case number.
Issue a subpoena to the respondent, attaching the complaint-affidavit and evidence.
Allow the respondent to file a counter-affidavit and supporting evidence.
Optionally allow reply and rejoinder, depending on the prosecutor.
After evaluating the evidence, issue a Resolution either:
- Finding probable cause and directing the filing of an Information in court, or
- Dismissing the complaint for lack of probable cause.

If you disagree with a dismissal, you may typically file a motion for reconsideration, and in certain cases, elevate the matter to the Department of Justice or higher courts.

4. Court Proceedings (Briefly)

If an Information is filed:

The case is raffled to a trial court.
The accused is arraigned and enters a plea.
Pre-trial and trial follow, where evidence is presented and witnesses testify.
The court ultimately decides guilt or acquittal, and penalty if guilty.

This process can take time; meanwhile, you may seek interim protection (e.g., protection orders in VAWC or Safe Spaces cases).

X. Protection Orders and Special Remedies

In some cyber-harassment situations, especially involving intimate partners or ex-partners, merely filing a criminal case is not enough for immediate safety. You may need a protection order.

1. Under RA 9262 (VAWC)

If the harassment is by a partner, ex-partner, or similar relation, you may seek:

Barangay Protection Order (BPO) – issued by the Punong Barangay, effective for a limited period, can include stay-away orders and prohibitions on communication.
Temporary or Permanent Protection Order (TPO/PPO) – issued by the court, which can:
- Prohibit contact (including online contact)
- Order the removal or deletion of harmful posts or materials
- Grant custody or support arrangements, among other reliefs

2. Safe Spaces Act remedies

Victims of gender-based online sexual harassment may:

File with the barangay or police, as applicable
Seek sanctions and protective measures provided under RA 11313

XI. Cross-Border and Anonymous Offenders

Online harassment often involves:

People using fake accounts, or
Offenders located abroad

You can still file a complaint, but consider:

Establishing jurisdiction and identifying the offender may be challenging.
Coordination with foreign platforms or foreign law enforcement may be required.

RA 10175 provides for extraterritorial application in certain circumstances (e.g., if a Filipino or Philippine-based system is involved), but enforcement can remain complex in practice.

XII. Platform-Level Reports and Takedown

Regardless of legal action, immediately use in-platform tools:

Report abusive content or accounts (Facebook, X/Twitter, Instagram, TikTok, etc.)
Block or mute harassers
Use privacy settings (limit who can see posts, stories, tags, etc.)
For minors, involve parents/guardians when configuring accounts

Takedown by the platform does not erase your right to:

File criminal or civil complaints
Seek school or workplace remedies

So always save copies of the offending content before it disappears.

XIII. Special Considerations

1. If the Victim Is a Minor

Parents/guardians typically act on the child’s behalf.
Child-friendly procedures should be used (e.g., in police interviews, school investigations).
Mandatory reporting duties may apply to schools and institutions.

2. If the Victim Is an Employee

Check if the harassment is work-related and if your employer has policies under:
- Safe Spaces Act (coverage of workplaces)
- Internal HR policies and codes of conduct
You may file:
- Internal HR complaint
- Complaint with DOLE (in appropriate cases)
- Criminal or civil actions under the laws discussed

3. Documentation of Harm

To support claims (especially in civil cases or for stiffer penalties), document the impact:

Medical or psychological records (e.g., anxiety, depression, sleeplessness)
School or work attendance records (absences, performance issues)
Expenses incurred (medical fees, counseling, etc.)

These can be essential for claiming damages.

XIV. Practical Tips

Act early, but don’t rush your affidavit.
- Report threatening or ongoing harassment quickly, but take time to prepare a clear, detailed narrative.
Don’t retaliate online.
- Avoid counter-harassment; it can weaken your position and even expose you to liability.
Consult a lawyer if possible.
- Especially for complex cases (multi-platform, cross-border, sensitive family/domestic situations).
Protect your mental health.
- Seek support from family, friends, counselors, or mental health professionals.
- Cyberbullying often leaves deep emotional harm even if not physical.
Use multiple remedies simultaneously.
- School + barangay + PNP/NBI + prosecutor + platform takedown can all proceed in parallel, where appropriate.

XV. Conclusion

Filing a cyberbullying or online harassment complaint in the Philippines is not just about “pressing charges.” It involves:

Understanding which law and forum fits your situation
Carefully preserving evidence
Following through with school, barangay, law enforcement, and prosecutorial procedures
Considering protection orders when safety and peace of mind are at risk

While the process can feel intimidating, the law now provides many tools—criminal, administrative, and civil—to address online abuse. Taking informed action is a legitimate and protected way to stand up against cyberbullying and online harassment.