How to File a Stalking and Cyber-Harassment Complaint in the Philippines
This guide is practical, step-by-step, and grounded in Philippine law and procedure. It’s general information, not a substitute for legal advice. If you’re in immediate danger, call or go to the nearest police station.
Quick decision map
Is the harasser an intimate partner, ex, or someone you dated; or are you a woman/child? → You likely have a VAWC case under R.A. 9262 and can seek Protection Orders (Barangay/Court).
Is the conduct sexual or gender-based (e.g., lewd DMs, doxxing with sexual insults, deepfakes)? → Consider Safe Spaces Act (R.A. 11313) for gender-based online sexual harassment, possibly alongside other laws.
Is there defamation, threats, identity theft, hacking, doxxing, or persistent online harassment? → Consider Cybercrime Prevention Act (R.A. 10175) (often “in relation to” Revised Penal Code offenses like libel/threats/coercion).
Were intimate images shared without your consent (even if originally taken consensually)? → Anti-Photo and Video Voyeurism Act (R.A. 9995); if minors involved, special child-protection laws apply.
Is personal data misused by an organization or website? → Data Privacy Act (R.A. 10173) complaint with the National Privacy Commission (NPC), plus possible criminal/civil action.
Is the harasser a stranger and conduct is non-sexual but persistent (following, repeated messages, fear)? → There’s no standalone anti-stalking law; prosecutors often use unjust vexation, grave/coercion or threats, libel/slander, and related offenses—with penalties elevated if done via ICT under R.A. 10175. If the victim is a woman/child and the stalker is a partner/ex, R.A. 9262 squarely applies.
Key laws you can invoke (plain-English)
R.A. 9262 (Anti-VAWC): Psychological violence includes stalking and harassment by a current/ex spouse or partner, someone you had a dating relationship with, or who’s the parent of your child. Covers online abuse. Lets you get Protection Orders quickly (Barangay, then Court).
R.A. 11313 (Safe Spaces Act): Penalizes gender-based online sexual harassment (e.g., lewd messages, sexist insults, non-consensual sexualized content, stalking with gendered/sexual intent). Applies even without a power dynamic.
R.A. 10175 (Cybercrime Prevention Act): Makes computer-related identity theft, fraud, forgery illegal; and raises penalties one degree for existing crimes (e.g., libel, threats, coercion) when committed via information and communication technologies (ICT). Also provides for data preservation orders and empowers PNP Anti-Cybercrime Group (ACG) and NBI Cybercrime Division.
R.A. 9995 (Anti-Photo and Video Voyeurism): Criminalizes sharing or publishing images/videos of a person’s private parts or sexual acts without consent, even if the recording was consensual.
R.A. 10173 (Data Privacy Act): If a company, platform, school, or employer mishandled your personal data (e.g., publicized your info without legal basis), you can complain to the NPC. This is administrative (separate from criminal/civil).
Child-protection laws: If the victim is a child, R.A. 7610 (child abuse), R.A. 11930 (Anti-OSAEC and Anti-CSAEM), and R.A. 9775 (Anti-Child Pornography) may apply, with WCPD handling. Penalties are severe.
Workplace/school: R.A. 7877 (Anti-Sexual Harassment Act) still applies in authority-subordinate settings; R.A. 11313 broadened coverage to peers/third parties. R.A. 10627 (Anti-Bullying Act) governs schools’ handling of bullying (including cyberbullying).
Revised Penal Code (RPC): Libel, slander, grave/light threats, grave coercion, unjust vexation, intriguing against honor, etc.—often paired “in relation to R.A. 10175” if online.
Special remedies (Supreme Court rules):
- Writ of Habeas Data (privacy: to access/rectify/delete personal data held by respondent).
- Writ of Amparo (life, liberty, security; less common for typical cyber-harassment but available in severe threats).
Rules on Electronic Evidence: Screenshots, chat logs, emails, and “ephemeral communications” are admissible if properly authenticated and preserved.
Evidence first: build a case that sticks
- Preserve everything
- Take full-screen screenshots showing URL, handle, timestamps, and context (not just the message).
- Export original files (e.g., “Download your data” from platforms), keep metadata when possible.
- Do not edit images (no highlights/cropping on the originals). Make redacted/annotated copies separately for easy reading.
- Create an Evidence Log (simple table)
- When (date/time), Where (platform/URL), What (verbatim content), Who (username/profile link), How saved (screenshot filename, raw export), Witness (if any), Notes.
- Chain of custody
- Keep files in a dedicated folder; use read-only copies for originals.
- Email the files to yourself or store in cloud with timestamps for an audit trail.
- If law enforcement asks, be ready to deliver originals (or platform exports).
- Ask for preservation
- Platforms/telcos can be directed (by police/prosecutors/courts) to preserve logs/subscriber data. Tell investigators ASAP so they can issue preservation requests under the cybercrime law.
- Document the impact
- Keep a journal of fear, anxiety, expenses for security, missed work/classes. Save medical/psychological reports. These matter for psychological violence and damages.
Where to file (and with whom)
- Immediate danger: Nearest PNP station; ask for WCPD (Women and Children Protection Desk).
- Cyber-specific: PNP Anti-Cybercrime Group (ACG) or NBI Cybercrime Division (bring ID and digital evidence on a USB/cloud).
- VAWC/Protection Orders: Barangay VAWC Desk for a Barangay Protection Order (BPO); for TPO/PPO, go to the Family Court/RTC.
- Criminal complaints (no arrest situation): Office of the City/Provincial Prosecutor (where any essential element occurred, or where you reside in some instances).
- Data privacy: National Privacy Commission (administrative complaint) if a PIC/processor leaked or misused your data.
- School/workplace: Report under Anti-Bullying/Safe Spaces/Anti-Sexual Harassment policies; they must investigate and protect you.
Barangay conciliation? Many cybercrimes and VAWC cases are exempt from mandatory barangay mediation (penalties typically exceed one year and/or involve special laws). You may file directly with police/NBI or the Prosecutor.
How to file: step-by-step
A) Police/NBI route (often fastest for cyber evidence)
Prepare a folder: your ID, contact details, Evidence Log, screenshots, raw exports, and the devices/usernames involved.
Narrate clearly: dates, frequency, exact messages, how you identified the suspect (if at all), and the harm/fear caused.
Identify possible offenses (don’t worry if you’re unsure):
- “Grave threats in relation to R.A. 10175”
- “Libel/defamation in relation to R.A. 10175”
- “Gender-based online sexual harassment (R.A. 11313)”
- “Anti-Photo/Video Voyeurism (R.A. 9995)”
- “VAWC—psychological violence/stalking (R.A. 9262)”
Request data preservation: Ask investigators to issue preservation requests to platforms/ISPs.
Get the incident record (blotter number or reference). Follow up for referral to the Prosecutor or for inquest if there’s an arrest.
B) Direct to Prosecutor (Complaint-Affidavit)
- Write a Complaint-Affidavit (see template below).
- Attach annexes (A-1, A-2…): screenshots, exports, logs, medical/psych reports, barangay/police blotter if any.
- Notarize your Complaint-Affidavit with annex list.
- File with the Office of the Prosecutor (city/province). They’ll issue subpoenas; the respondent files a counter-affidavit; clarificatory hearing may be set; the prosecutor resolves probable cause and, if found, files Information in court.
C) Protection Orders (if it’s VAWC)
- Barangay Protection Order (BPO): Go to your barangay; relief can be same-day.
- Temporary Protection Order (TPO)/Permanent Protection Order (PPO): File in Family Court/RTC; relief can include no-contact orders, exclusive use of residence, custody/ support orders, and other safeguards. Online harassment by a covered respondent counts as psychological violence.
D) NPC privacy complaint (when data was mishandled by an org)
- Prepare: your ID, narrative, evidence of breach/misuse, and steps you took with the controller (e.g., emailed them to take down data).
- Relief can include compliance orders, penalties, and directives to delete/secure your data. You can pursue criminal/civil cases in parallel.
Complaint-Affidavit: practical template (criminal)
REPUBLIC OF THE PHILIPPINES )
CITY/PROVINCE OF _________ ) S.S.
COMPLAINT-AFFIDAVIT
I, [Your Full Name], of legal age, [civil status], Filipino, with address at [address], after having been duly sworn, depose and state:
1. Parties. I am the complainant. The respondent is [Name/Username/“John/Jane Doe” if unknown], who [resides at/uses the accounts attached as Annex __].
2. Facts. Beginning on [date], respondent, using the account(s) [handles/URLs], sent me the following messages/posts: [quote verbatim or attach Annexes]. The conduct was repeated on [dates], causing me [fear, anxiety, reputational harm, disruption of daily life]. I blocked/reported the accounts on [date(s)], but the harassment persisted.
3. Identification. I believe respondent is [name/unknown] because [basis: mutual contacts, admissions, linked phone/email, same photos, IP disclosure by platform, etc.]. If unknown, I request issuance of lawful processes to identify respondent.
4. Offenses. Respondent’s acts constitute [e.g., Grave Threats under Art. 282 RPC in relation to Sec. 6 of R.A. 10175; Libel under Arts. 353–355 RPC in relation to Sec. 6 of R.A. 10175; Gender-Based Online Sexual Harassment under R.A. 11313; Violation of R.A. 9995; Violation of R.A. 9262 (psychological violence), as applicable].
5. Evidence. Attached as Annexes “A-__” are true and faithful copies of screenshots/exports showing the messages, timestamps, URLs, and account details. Originals will be produced when required. Annex “B-__” contains my Evidence Log; Annex “C-__” includes medical/psychological reports; Annex “D-__” is the police/blotter report (if any).
6. Relief. I respectfully pray that this complaint be given due course, that subpoenas be issued, and after investigation, that Information(s) be filed in court and a warrant of arrest issued. I further request lawful data preservation and disclosure orders to platforms/ISPs to identify the respondent(s).
I certify that I have not commenced any other action involving the same issues and parties, to the best of my knowledge.
[Signature over printed name]
Complainant
SUBSCRIBED AND SWORN to before me this __ day of ______ 20__, affiant exhibiting [ID details].
If the stalker is anonymous or abroad
- Do not engage. Keep collecting evidence.
- Ask police/NBI to send preservation and disclosure requests to platforms/ISPs.
- Jurisdiction under the cybercrime law can attach if any element of the offense, computer system, or damage is in the Philippines, or if the victim is a Filipino resident. Cross-border evidence may take time; still file early so preservation windows aren’t missed.
What to expect procedurally
- Police/NBI intake → incident record → investigation (requests to platforms, takedowns, identification) → referral to Prosecutor (unless inquest).
- Prosecutor → subpoenas → counter-affidavit → resolution (dismiss or file Information) → trial court → arraignment → pre-trial → trial → decision.
- Protection Orders (VAWC) can be granted quickly in parallel with the criminal process.
- NPC conducts its own administrative process (papers, conference, compliance orders).
Practical safety & digital hygiene
- Lock down accounts: change passwords, enable 2FA, review recovery phones/emails, check active sessions/devices.
- Harden visibility: limit who can message you, approve tags, set private profiles, remove public birthday/phone/address.
- Doxxing countermeasures: ask platforms to remove posts with personal data; consider Habeas Data or NPC complaint against entities processing your data unlawfully.
- Device check: update OS/apps, run malware scans, review installed extensions/apps, revoke suspicious app permissions.
Common scenarios and how to frame them
“He keeps creating new accounts to contact me.” → Pattern of persistent harassment/stalking; include all handles and dates. Ask investigators for IP/Device ID correlation via platforms.
“She posted deepfaked intimate images of me.” → Possible R.A. 9995 + R.A. 11313 + libel (defamation) in relation to R.A. 10175; demand takedown and preservation.
“Ex keeps threatening me if I don’t talk.” → VAWC (R.A. 9262) psychological violence + grave threats (RPC) in relation to R.A. 10175 if online; seek BPO/TPO.
“My child is being harassed online by classmates.” → School must act under Anti-Bullying Act; if sexualized or severe, also R.A. 11313 and child-specific laws; report via WCPD.
“A page leaked my address.” → Data Privacy Act (NPC complaint) if a controller/processor did it; if a private individual, criminal options (threats/coercion/libel/unjust vexation) in relation to R.A. 10175 may still apply.
Civil remedies (damages) you can consider
- Civil Code articles on abuse of rights and tort (Arts. 19, 20, 21) and Article 26 (privacy, dignity).
- You can claim moral, exemplary, and actual damages, and injunctions (e.g., no-contact orders in civil court) even as criminal cases proceed.
Barangay tips (when relevant)
- You may blotter incidents for a record.
- VAWC: Barangay can issue a BPO swiftly; bring any proof (texts, calls, witness).
- For many cybercrimes, you can skip barangay conciliation and go straight to police/NBI/prosecutor—ask the desk officer if your case falls under an exemption.
Authentication of your electronic evidence
- Keep original digital files (or platform exports).
- For chats/texts (ephemeral communications), you (or a witness) can testify to their accuracy; platforms’ or forensic confirmation can bolster authenticity.
- Avoid altering filenames/timestamps; if you must edit (e.g., to redact), preserve the untouched originals and label edited copies clearly.
Minimal checklist (print this)
- Government ID(s)
- Written narrative (who/what/when/where/how; harm and fear)
- Evidence Log (dates/time/URLs/handles)
- Original screenshots + platform exports
- List of accounts/phone numbers/emails used by harasser
- Police/NBI incident reference (after filing)
- Medical/psych notes (if any)
- For VAWC: details of relationship and any prior abuse; request BPO/TPO
FAQs
Do I need a lawyer? Not to file a police report, NPC complaint, or barangay BPO. A lawyer helps with Complaint-Affidavits, court filings, and strategy.
What if the harasser deletes posts? Your screenshots/exports plus witnesses already help; investigators can still seek preserved logs from platforms/ISPs.
Can I sue and file criminal charges at the same time? Yes. Criminal, civil, and administrative (NPC) tracks can proceed in parallel.
Will the court accept screenshots? Yes, if properly authenticated under the Rules on Electronic Evidence. Originals/exports are ideal.
Final note
Laws evolve and local procedures can vary by city. Use this guide to act now: preserve evidence, file with PNP/NBI/Prosecutor, and, where applicable, secure Protection Orders. If you want, tell me your exact situation (relationship to offender, type of messages, where it happened), and I’ll map it to the most on-point charges and remedies and refine the affidavit language.