How to File a Harassment Complaint in the Philippines: Barangay, PNP, and Cybercrime Steps

How to File a Harassment Complaint in the Philippines: Barangay, PNP, and Cybercrime Steps

This is practical legal information for the Philippines. It isn’t a substitute for advice from a lawyer who can assess your specific facts.


Quick map: where to go

  • If the harassment is “minor” and both of you live in the same city/municipality (e.g., repeated catcalling, insults, vexing conduct): start at the Barangay for Katarungang Pambarangay (conciliation).
  • If there are threats, stalking, physical/sexual elements, or you want a criminal case: go to the PNP (ideally the Women and Children Protection Desk, WCPD) or NBI, then the Office of the City/Provincial Prosecutor.
  • If it happened online (DMs, posts, doxxing, non-consensual images, cyberstalking, cyber libel): go to PNP Anti-Cybercrime Group (ACG) or NBI Cybercrime Division, and be ready for a data preservation request; filing still proceeds through the prosecutor.
  • If it’s in school or at work: use the internal process (CODI/disciplinary) in addition to barangay/PNP steps.

What “harassment” can fall under (common Philippine laws)

Harassment isn’t a single crime; different laws may apply depending on the act, relationship, and setting.

  • Gender-Based Sexual Harassment (GBSH) in public spaces/online/workplaces/schools: Safe Spaces Act (RA 11313) Examples: catcalling, leering, unwanted advances, stalking, misogynistic/sexual remarks, sending sexual content without consent, mobs/dogpiling online.
  • Workplace/school harassment by someone in authority: Anti-Sexual Harassment Act (RA 7877) and also RA 11313 duties for institutions (Codes of Conduct, CODI).
  • Harassment by current/former intimate partner or household member: Anti-VAWC (RA 9262) — includes stalking, harassment, threats, and psychological violence; allows Protection Orders.
  • Unjust vexation, grave/light coercion, alarms and scandals, threats: Revised Penal Code (RPC).
  • Acts of lasciviousness, sexual abuse of minors: RPC, RA 7610 (child protection).
  • Defamation (libel/slander): RPC (including cyber libel when online).
  • Non-consensual intimate images / “revenge porn”: Anti-Photo and Video Voyeurism Act (RA 9995).
  • Data privacy violations/doxxing: Data Privacy Act (RA 10173) + RA 10175 (Cybercrime) for computer-related offenses.

Evidence: what to prepare (and what to avoid)

Gather now:

  • A dated incident log (who, what, where, when, how; include exact quotes/URLs).
  • Screenshots of posts/DMs/comments with visible handles, timestamps, and URLs.
  • Original files (images/videos) and the device they’re on; don’t rename/alter.
  • Witness details and any CCTV/building logs.
  • For physical/sexual contact or injuries: get a medico-legal exam promptly (hospital/PNP).

Avoid: secretly recording private conversations; the Anti-Wiretapping Act (RA 4200) generally prohibits audio recordings of private communications without all-party consent. Public posts and messages sent to you (that you can screenshot) are ordinarily fine.


Track A — Barangay route (Katarungang Pambarangay)

Best for neighbor disputes and lower-level offenses where both parties reside in the same city/municipality and the penalty is not more than 1 year imprisonment or fine not over ₱5,000.

  1. Go to the Barangay Hall where the respondent resides (or where the incident occurred, if practical).

  2. File a complaint with the Punong Barangay or Lupon Tagapamayapa. Bring ID and your brief written narrative + evidence.

  3. Mediation/conciliation: you’ll be scheduled for mediation and, if needed, a Lupon hearing.

  4. Results:

    • Amicable settlement → write it down; it has the effect of a final judgment if not repudiated within the period allowed.
    • No settlement → you’ll receive a Certification to File Action (CFA).
  5. Use the CFA to elevate to the prosecutor/court if you want to pursue a criminal/civil case.

Exceptions (go straight to PNP/prosecutor): parties live in different cities/municipalities, there’s no private offended party, one party is a juridical person, the offender is a public officer acting in official duty, or the offense carries a higher penalty than above (e.g., acts of lasciviousness, grave threats, many cybercrimes).

If the harasser is an intimate partner or household member: you may ask the barangay for a Barangay Protection Order (BPO) under RA 9262 (valid 15 days). Violating a protection order is a crime. You can later apply for a Temporary/Permanent Protection Order (TPO/PPO) in court.


Track B — PNP/NBI (criminal complaint on-ground)

Use this when you want a criminal case, there are threats/stalking/sexual elements, or barangay conciliation is inapplicable.

  1. File a blotter at the nearest PNP station (prefer WCPD). This logs the incident and can trigger immediate safety measures.
  2. Prepare a Complaint-Affidavit (see template below) with annexes (screenshots, photos, medical report, witness affidavits).
  3. Proceed to the Prosecutor’s Office (City/Provincial) to file the criminal complaint. You’ll sign your affidavit under oath before the prosecutor (or a notary if required).
  4. Preliminary Investigation: the prosecutor issues a subpoena to the respondent for a Counter-Affidavit. After submissions, a Resolution determines probable cause.
  5. If filed in court: a criminal Information is filed with the RTC/MeTC (or a Special Cybercrime Court for cyber offenses). Warrants or protection orders may follow depending on the case.

Tip: If danger is imminent, ask the police for assistance/escort, and consider temporary shelter referrals via WCPD/DSWD.


Track C — Cybercrime (online harassment, doxxing, NCII, cyber libel, cyberstalking)

  1. Preserve digital evidence immediately. Don’t delete chats; take full-page screenshots with URLs/time; export chat histories if possible.
  2. Report to platform (for takedown) and to PNP-ACG or NBI Cybercrime.
  3. Ask investigators to issue a Data Preservation Request under the Cybercrime Prevention Act (RA 10175) so service providers preserve logs and subscriber data (traffic, content, IP logs). This buys time before you secure court orders/subpoenas.
  4. File your Complaint-Affidavit (with digital annexes on USB plus printed copies).
  5. Prosecutor filing & venue: cyber cases are handled by Special Cybercrime Courts; venue/jurisdiction commonly includes where any element occurred or where the offended party resides at the time of commission.
  6. Parallel routes: for NCII (non-consensual intimate images) under RA 9995, insist on urgent takedown via platform channels and law-enforcement coordination; for minors, RA 9775 and RA 7610 apply — expect immediate law-enforcement action.

Workplace & school harassment (run internal + external in parallel)

  • Workplaces: Employers must have a Code of Conduct and a Committee on Decorum and Investigation (CODI) (RA 11313/RA 7877). File internally (written complaint, evidence). Administrative sanctions can be imposed independent of any criminal case.
  • Schools: Similar duty to maintain a CODI and anti-harassment policies; students (and parents/guardians for minors) can file with the school and with the barangay/PNP/NBI as appropriate.
  • Note: Internal findings don’t control criminal liability, but they’re useful corroboration.

Filing with the Prosecutor: what to expect

  • What you submit: Complaint-Affidavit; your valid ID; annexed evidence; witness affidavits; medico-legal if any; certification to file action (CFA) if barangay conciliation was required.
  • Process: Subpoena to the respondent → Counter-Affidavit → Reply/Rejoinders (if allowed) → Resolution (dismissal or filing of Information).
  • Costs: Filing at the prosecutor is free; you may incur notarial and copying costs.
  • Civil damages: You can file a separate civil action (e.g., under Civil Code Arts. 19/20/21 for abuse of rights/acts contra bonos mores) or reserve it within the criminal case.

Special notes for minors

  • If the victim is a minor, the complaint is filed by a parent/guardian (or by authorities if necessary).
  • Interview and evidence handling for children follow child-friendly protocols.
  • Online sexual exploitation of children is aggressively prosecuted; immediately involve WCPD or NBI.

Statute of limitations (prescription), venue, and safety

  • Prescription depends on the offense/penalty; some charges (e.g., certain coercions or unjust vexation) prescribe faster than others. Don’t delay.
  • Venue: generally where the offense occurred; cyber cases often allow filing where the victim resides.
  • Immediate danger: call 911 (national emergency). You can also request police presence and explore Protection Orders (if RA 9262 applies).

Common pitfalls (and how to avoid them)

  • Skipping barangay conciliation when it’s a condition precedent → your case can be dismissed; ask the prosecutor if the offense requires a CFA.
  • Weak affidavits (no dates/places, no “who-said-what”) → detail specific words/acts, exact dates/times, locations, and effect on you.
  • Altering digital files → save originals; make copies for submission.
  • Illegal audio recordings → avoid violating RA 4200.
  • Only “blottering” the incident → a blotter is not the criminal complaint; proceed to the prosecutor if you want a case.

Checklists

Bring to Barangay/PNP/NBI

  • Valid ID(s)
  • Short written narrative (1–2 pages)
  • Evidence (screenshots/USB; phone in airplane mode)
  • Witness names/contact numbers
  • For RA 9262: proof of relationship/cohabitation and request for BPO if needed

When it’s online

  • Full-page screenshots (showing URL, handle, timestamp)
  • Links/handles/IDs; note if content is public or private
  • Request data preservation via ACG/NBI
  • Report to platform (keep ticket numbers/emails)

Templates you can reuse

A. Barangay Complaint (short form)

Date: [____]

Punong Barangay
Barangay [____], [City/Municipality]

Re: Complaint against [Name of Respondent] for Harassment/Unjust Vexation/GBSH

I, [Your Full Name], of legal age, residing at [address], respectfully state:

1. On [date] at about [time] at [place], [Respondent] did [describe specific act/words].
2. The act caused me [fear/embarrassment/mental anguish], and despite demands to stop on [dates], [Respondent] continued on [dates].
3. I seek mediation/conciliation and appropriate barangay action.

Attached: copies of screenshots/photos and list of witnesses.

[Signature over printed name]
Contact No.: [____]

B. Complaint-Affidavit (criminal/cybercrime)

REPUBLIC OF THE PHILIPPINES )
CITY/PROVINCE OF _________ ) S.S.

COMPLAINT-AFFIDAVIT

I, [Full Name], [age], [civil status], [citizenship], residing at [address], after being duly sworn, state:

1. I am the complainant in this case for [specify offenses, e.g., Violation of RA 11313 (GBSH), Unjust Vexation (RPC), Cyber Libel, RA 9995, etc.].
2. On [exact date/time], at [place/online platform & URL], the respondent [Full Name/handle] did the following:
   2.1 “[Exact words]” / [Describe act].
   2.2 [Subsequent acts, with dates/times].
3. I preserved evidence as follows: [Device used], [Screenshots Annex “A”–“C”], [URL], [Witnesses].
4. The acts caused me [fear/mental anguish/embarrassment/workplace impact].
5. I respectfully request prosecution of the respondent.

IN WITNESS WHEREOF, I sign this [date] at [city].

[Signature over printed name]
ID Presented: [Type/No.]

SUBSCRIBED AND SWORN before me this [date] at [place].
[Name/Title of Administering Officer]

C. Data Preservation Request (to route via PNP-ACG/NBI)

To: [Platform/ISP/Law Enforcement Contact]
Subject: Request to Preserve Computer Data – RA 10175

Please preserve subscriber information, traffic data, and content data related to:
- Account/URL/Handle: [____]
- Dates/Times (UTC+8): [____]
- IP logs, login records, and content posts/messages involved.

This request is made in relation to a cybercrime complaint to be filed/forthcoming with [PNP-ACG/NBI] and the Office of the Prosecutor. Formal legal process to follow.

[Your Name/Contact]

FAQs

Do I have to start at the barangay? Only if the law requires conciliation (same city/municipality + lower-level offense). Otherwise you can go straight to PNP/NBI/prosecutor.

Is a police blotter enough? No. It documents the incident but doesn’t start the case. File a Complaint-Affidavit with the prosecutor.

Can I get a restraining order if we’re not partners? There’s no general restraining-order law for non-partners. If it’s intimate partner/household, seek BPO/TPO/PPO under RA 9262. For non-partners, you may request police safety measures and pursue criminal charges; some civil injunctions are possible through court, but they require a separate civil action and urgent grounds.

Can I stay anonymous online? Practically, you’ll identify yourself to law enforcement/prosecutors. However, laws protect victim confidentiality in specific contexts (e.g., NCII, child cases). Avoid posting case details publicly.


Where to get help (no cost/low cost)

  • Public Attorney’s Office (PAO) for indigent litigants.
  • PNP WCPD in every station; PNP-ACG for online cases.
  • NBI (Violence Against Women and Children/ Cybercrime).
  • Commission on Human Rights (CHR) for GBSH and related assistance.
  • Local social welfare office (DSWD/CSWDO) for shelter and psychosocial support.

Final tips

  • Write everything down immediately while details are fresh.
  • Save original digital files and keep a backup.
  • If you’re unsure which law fits, describe the facts clearly; authorities will classify the offense.
  • If in danger, call 911 and get to a safe place.

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