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 guide is for general information only and isn’t legal advice. If you’re in danger, call the nearest police station (117/911) or go to a safe place immediately. Consider consulting a lawyer or the Public Attorney’s Office (PAO).


1) What counts as “harassment” in PH law?

“Harassment” isn’t a single crime. Depending on the facts, it can fall under one or more laws:

  • Safe Spaces Act (RA 11313) – sexual harassment in public spaces, online, workplaces, and educational institutions (e.g., catcalling, stalking, unwanted sexual advances, lewd messages/images, doxxing with sexualized intent).
  • Anti-Sexual Harassment Act (RA 7877) – classic “authority-figure” harassment in workplaces/educational settings (still in force; RA 11313 broadened coverage).
  • Anti-Violence Against Women and their Children (VAWC) (RA 9262) – harassment, stalking, intimidation, or psychological violence by a spouse, ex-spouse/partner, dating partner, or one with whom the victim has a common child.
  • Photo and Video Voyeurism Act (RA 9995) – recording/distributing intimate images without consent.
  • Cybercrime Prevention Act (RA 10175) – online offenses (e.g., cyberstalking behaviors under 11313, computer-related identity theft, data interference) and “cyber” versions of existing crimes (e.g., cyber libel).
  • Child-specific laws – RA 7610 (child abuse), RA 9775 (Anti-Child Pornography), RA 11930 (Anti-OSAEC and Anti-CSAEM).
  • Revised Penal Code (RPC) – acts of lasciviousness, unjust vexation, grave threats, grave coercion, slander/slander by deed, alarm and scandal, qualified trespass, etc.
  • Data Privacy Act (RA 10173) – improper processing of personal data (complaints go to the National Privacy Commission).

Tip: You may pursue both criminal (state prosecutes) and administrative/civil remedies (e.g., damages or employer/school sanctions) in parallel.


2) Where to file: quick map

  • Barangay (Katarungang Pambarangay): community mediation; issues certificates to file action and, in VAWC cases, Barangay Protection Orders (BPOs).
  • PNP (nearest station or Women and Children Protection Desk – WCPD): for criminal complaints/blotter, emergency response, coordination with prosecutors, and referrals.
  • PNP Anti-Cybercrime Group (ACG) or NBI Cybercrime Division: for online harassment, sextortion, unauthorized sharing of images, doxxing, hacking, impersonation.
  • Prosecutor’s Office (City/Provincial): where you file a Complaint-Affidavit to start a criminal case (unless inquest follows a warrantless arrest).
  • Courts: for Protection Orders (VAWC—TPO/PPO) and to try criminal/civil cases.
  • Employers/Schools: mandatory internal procedures (RA 11313 & RA 7877) with disciplinary sanctions and support measures.
  • National Privacy Commission: for data privacy violations.
  • Online platforms: parallel takedowns, preservation, and disclosure requests.

3) Step-by-step: Barangay route

Best for: neighbor/community disputes, initial documentation, Safe Spaces Act incidents in public spaces within the barangay, and VAWC BPOs.

  1. Go to the Barangay Hall. Tell the desk officer or the Punong Barangay (or kagawad on duty) that you will file a complaint. If urgent (ongoing threat), ask to see an officer immediately.

  2. State the incident and parties. Provide names/addresses (if known), date/time/place, and what happened. Bring any evidence (see Section 7).

  3. Blotter entry. Request that the incident be entered in the barangay blotter. Ask for a blotter extract/acknowledgment.

  4. Mediation/conciliation. The Punong Barangay may summon the other party for mediation. If unresolved, it goes to a Pangkat ng Tagapagkasundo for conciliation.

  5. Certificate to File Action (CFA). If settlement fails or the matter falls under an exception to barangay conciliation (e.g., certain offenses, parties in different cities/municipalities, a public officer is involved in an official capacity, or urgent/legal relief is needed), request a CFA so you can proceed to the Prosecutor’s Office or court.

  6. VAWC cases: BPOs. If the harasser is a spouse/partner/ex or a person with whom you share a child, you may apply for a Barangay Protection Order (effective immediately upon issuance). Bring any proof of relationship and the incident narrative.

Key exceptions to barangay conciliation: parties live in different cities/municipalities; offenses punishable by more than a year of imprisonment or fine above the Katarungang Pambarangay threshold; where urgent legal remedies are needed (e.g., protection orders); or the party is a public officer acting in official capacity.


4) Step-by-step: Police (PNP/WCPD) route

Best for: crimes; urgent threats; when conciliation is inappropriate or exempt; when you want immediate law enforcement action.

  1. Proceed to the nearest PNP station (WCPD if available). Women, children, and LGBTQIA+ victims can ask specifically for WCPD assistance. If injured, seek medical care first; request a medico-legal exam if relevant.

  2. Make a report and ask for a blotter entry. Narrate facts; present evidence (phones, screenshots, URLs, usernames, numbers). Ask for a blotter printout/reference number.

  3. Request investigation and referral. Police may: (a) take your sworn statement; (b) collect initial evidence; (c) advise you to file a Complaint-Affidavit with the Prosecutor’s Office; or (d) effect arrest (if legally justified). In VAWC, police can help you obtain TPO/PPO in court and coordinate on safety measures.

  4. Go to the Prosecutor’s Office. Prepare a Complaint-Affidavit (see template in Section 10) with annexes. The prosecutor may issue a subpoena to the respondent for counter-affidavit, then resolve probable cause. If found, an Information is filed in court.

  5. Follow through. Monitor the case, attend clarificatory hearings if called, and keep contact details updated.


5) Step-by-step: Cybercrime route (online harassment, sextortion, doxxing, deepfakes)

  1. Preserve evidence first (Section 7).

  2. Report to PNP-ACG or NBI Cybercrime. Bring IDs, device(s), storage media, screenshots, URLs, platform handles, and phone numbers. Describe platforms used (Facebook, TikTok, X, Instagram, messaging apps), dates/times, and how you were contacted.

  3. Request log preservation. Ask investigators to send preservation requests to platforms/ISPs while you prepare your complaint. This helps retain data that might otherwise auto-delete.

  4. File a criminal complaint with the Prosecutor’s Office. Use a Complaint-Affidavit tailored to cyber elements (e.g., unauthorized access, non-consensual intimate image sharing, identity theft, threats). Attach forensic images or certified copies when available.

  5. Parallel platform takedowns. File in-app reports. For intimate imagery, use platforms’ non-consensual intimate content and impersonation channels. Keep ticket numbers.

  6. If extorted (“sextortion”). Stop paying. Preserve chats/transactions. Report immediately to ACG/NBI; banks/e-wallets may flag accounts and law enforcement may trace transfers.


6) Workplace and school procedures

  • Employers must have an anti-sexual harassment policy and a Committee on Decorum and Investigation (CODI). You may file a confidential complaint with HR/CODI while pursuing criminal remedies.
  • Schools must adopt clear reporting channels, protection from retaliation, academic accommodations, and due process for respondents. Students can pursue both school discipline and criminal cases.

7) Evidence: what to collect and how to preserve

Collect:

  • Screenshots of messages, posts, comments, stories, images, and profiles (include full URL, date/time, and handle).
  • Screen recordings capturing scrolling and clickable elements.
  • Device data: export chats (WhatsApp/Telegram/Viber/Messenger), email headers, call logs, voicemail.
  • Witness statements and CCTV requests (move fast; retention is short).
  • Medical records (for physical/psychological injury), psychological assessment, and receipts (e.g., counseling, relocation).
  • Employment/school records showing impact (absences, incident reports, disciplinary memos).

Preserve:

  • Keep original devices if possible. Don’t factory-reset.
  • Save files with hashes (your investigator can help compute).
  • Keep a chain of custody log (who handled what, when, and where).
  • Ask police to issue data preservation letters to platforms/ISPs.

Organize:

  • Create an Incident Log: date/time, platform/location, what was said/done, witnesses, your response, and evidence filename.

8) Protection and safety measures

  • VAWC Protection Orders:

    • BPO (Barangay) – immediate, short-term.
    • TPO/PPO (Court) – broader, can include stay-away orders, custody/visitation, support, firearm surrender.
  • Safe Spaces Act measures: LGUs/police can act on public-space sexual harassment; establishments must post policies and assist complainants.

  • Work/school accommodations: schedule changes, no-contact directives, escorts/security, remote work/study options.

  • Change credentials and enable multi-factor authentication; lock down privacy settings.


9) After filing: what to expect

  • Prosecutor’s evaluation: The prosecutor reviews your complaint, annexes, and respondent’s counter-affidavit, then issues a resolution. If probable cause exists, an Information is filed; the court may issue a warrant or summons depending on the offense.
  • Trial: You may testify; evidence is presented. For sensitive cases, in-camera proceedings or special measures may be available.
  • Civil damages: You may claim moral, exemplary, temperate, and actual damages, and attorney’s fees, either within the criminal case or via a separate civil action.
  • Compromise/settlement: Some offenses are not subject to compromise (e.g., serious sexual offenses). Be cautious about signing any documents without counsel.

10) Practical templates

A) Incident Log (keep privately; share with investigators as needed)

  • File name: LOG_[YourName]_Harassment_[YYYYMM]
  • Columns: Date | Time | Place/Platform | Handle/Number | What Happened | Witnesses | Evidence File(s)

B) Complaint-Affidavit (outline)

  1. Your identity and capacity (age, address, occupation/student status).
  2. Jurisdiction/Venue (where acts occurred or where you reside for certain offenses—consult counsel).
  3. Chronology of facts (clear, dated paragraphs; attach exhibits).
  4. Offenses violated (cite laws as applicable, e.g., RA 11313, RA 9262, RA 9995, RA 10175, relevant RPC provisions).
  5. Evidence list (Annex “A” screenshots, Annex “B” chat exports, etc.).
  6. Reliefs sought (issuance of subpoena, prosecution for named offenses, protection order if applicable).
  7. Verification and Certification of Non-Forum Shopping (as required).
  8. Signature and Jurat (subscribe and swear before a prosecutor or notary).

C) Workplace/School Report (brief)

  • Who did what, when, where; policy sections violated; requested measures (no-contact, schedule changes); attached evidence.

11) Special situations

  • If the victim is a child: involve the WCPD immediately; mandatory reporting rules can apply; use child-friendly procedures and laws (RA 7610, RA 9775, RA 11930).
  • If the offender is unknown (anonymous online): law enforcement can seek subscriber information or IP logs via lawful process; your detailed evidence and timing are crucial.
  • If images were shared without consent: act fast—law enforcement plus platform takedowns; RA 9995 and RA 11313 often apply.
  • If the case involves intimate partners/ex-partners: consider VAWC remedies (BPO/TPO/PPO) in addition to criminal angles.

12) Barangay vs. Police vs. Cybercrime: choosing a path

  • Start at the barangay if: the matter is a community dispute, you need a CFA, or you want BPO (VAWC).
  • Go directly to the police/WCPD if: there’s danger, a cognizable criminal offense, or you need immediate enforcement.
  • Go to ACG/NBI if: the acts are online/digital, involve sextortion, doxxing, deepfakes, or platform/telecom data is needed.

You can do more than one path at once (e.g., barangay blotter and PNP report and platform takedown).


13) Timelines and follow-through

  • Act promptly. Some offenses have prescriptive periods; evidence and platform logs can disappear.
  • Keep copies of everything you submit, with dates.
  • Get receipts: blotter reference numbers, CFA, subpoena receipts, platform ticket IDs.

14) Common pitfalls (and how to avoid them)

  • Deleting chats/photos before preservation → Export/backup first.
  • Relying only on screenshotsAlso keep originals/metadata and get certified copies when possible.
  • Not reporting to your employer/school → You may lose access to internal remedies and sanctions.
  • Agreeing to “settle” serious offenses without advice → Consult counsel; some crimes aren’t compromise-able.
  • Letting the case go quietPolitely follow up with investigators/prosecutors; update contact info.

15) Quick checklists

Bring when you file:

  • 1 government ID; contact info.
  • Printed or digital evidence (labeled).
  • Incident Log; list of witnesses with numbers.
  • For VAWC: proof of relationship (marriage certificate, birth certificate of child, etc.).

Ask for:

  • Barangay blotter extract / CFA (if applicable).
  • PNP blotter printout / case reference number.
  • Medical/medico-legal if there was physical harm.
  • Protection order (BPO/TPO/PPO) if you fear further harm.
  • Preservation letters to platforms/ISPs (for cyber cases).

16) Who else can help

  • Public Attorney’s Office (PAO) – free legal assistance for qualified persons.
  • DSWD – psychosocial support, shelters.
  • Local social welfare offices / LGU Gender and Development (GAD) desks – counseling, referral, emergency aid.
  • ICCs (in schools) / CODI (in workplaces) – internal redress.

Final word

You don’t have to navigate this alone. Document early, preserve evidence, choose the right filing path (Barangay, PNP/WCPD, and/or Cybercrime), and seek support—from authorities, trusted persons, and professionals. If you want, I can adapt the Complaint-Affidavit or Incident Log template to your specific situation and facts.

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