This guide explains, end-to-end, how to build, file, and pursue a criminal complaint for online defamation in the Philippines, plus your civil remedies, defenses you may face, evidence standards, and practical tips. It’s for general information only and isn’t a substitute for legal counsel.

1) The Legal Basics

What counts as “online libel” or “slander”?

Libel (written/recorded defamation): a public and malicious imputation of a crime, vice, defect (real or imagined), or any act/condition tending to dishonor or discredit a person, made through writing or similar means (e.g., posts, captions, blogs, comments, DMs/screenshots later published, videos with captions/subtitles, live streams saved/reposted).
Slander (oral defamation): spoken defamation (e.g., live audio rooms). When a defamatory statement is recorded or posted online, it is generally treated as libel (not slander) because it becomes “written/recorded.”

Key elements the prosecution must prove:

Defamatory imputation
Publication (someone other than you and the speaker could access/see it)
Identifiability (it points to the complainant, by name or by context)
Malice (presumed in libel; the accused may rebut it)

Governing statutes and rules (overview)

Revised Penal Code (RPC), Arts. 353–362 (libel & venue rules).
Cybercrime Prevention Act (RA 10175): “Online libel” adopts the RPC definition when committed through ICT. Penalties for RPC crimes committed via ICT may be one degree higher than the RPC baseline.
Administrative Circulars on Libel Sentencing: Courts are encouraged to favor fines over imprisonment in appropriate cases.
Special Venue Rules for Libel (Art. 360, RPC) apply to online libel.
Rules on Cybercrime Warrants (A.M. No. 17-11-03-SC) enable courts to issue warrants to preserve/disclose/search digital evidence.

Deadline (prescriptive period)

Criminal online libel generally prescribes in one (1) year from publication or from discovery in certain circumstances. File early—do not run close to the deadline.

2) Where to File (Venue & Jurisdiction)

For criminal complaints:

File with the Office of the City/Provincial Prosecutor in any of the following (special libel rule):
- Where the defamatory content was first published (e.g., the city where the poster uploaded from), or
- Where the private complainant resided at the time of publication (if a private individual), or
- For public officers, specific venue rules depend on where their office is located or where content was published.
After preliminary investigation, if probable cause is found, the Information is filed with the Regional Trial Court (RTC). Cybercrime-designated RTCs often handle online libel.

For civil actions (damages):

File where plaintiff or defendant resides, or where the cause of action arose (depending on the claim). You may consolidate with the criminal case or reserve/waive it—see Section 6.

3) Evidence: What You Need and How to Preserve It

Goal: Prove authorship, publication, identifiability, and defamatory meaning.

Core evidence checklist

Forensic-grade screenshots of posts/comments/profiles (capture full URL, date/time, handles, and context/thread).
Screen recordings showing the navigation path to the post (profile → post → comments), including timestamps.
URL logs and webpage print-to-PDF with metadata (properties show capture date).
Platform data (username, user ID, IP/login records, message headers) via law-enforcement requests or court-issued cybercrime warrants.
Witness affidavits (people who saw the post; explain reach and effect).
Proof of identifiability (your name/handle, photo, job title, unique facts pointing to you).
Proof of falsity or lack of good motive (if you have it): records, certifications, messages, emails.
Harm evidence: medical/psychological reports, employer memos, client cancellations, costs of mitigation.
Chain-of-custody notes for digital exhibits (who captured, when, how; device and hash if available).

Best practices

Capture immediately; content can be edited or deleted.
Keep an evidence log (date/time, what was captured, by whom, tool used).
Avoid altering originals; store read-only copies and maintain hashes when possible.
Report the post to the platform after you’ve preserved it.

4) Preparing Your Complaint

You’ll file a Sworn Complaint-Affidavit before the prosecutor. It should:

Identify the parties (your full name/residence at the time of publication; respondent’s handle/name if known).
Narrate the facts clearly and chronologically (who, what, when, where, how).
Pinpoint the defamatory statements (quote the exact words; attach as Annexes with labeled screenshots/links).
Explain identifiability (how readers knew it was you).
Explain publication (where/how accessible; number of followers/views if known).
Address malice (allege lack of good motive; any prior grudge; refusal to retract; repetition).
State venue facts (your residence at the time, or first-publication facts).
Pray for relief (criminal prosecution; issuance of subpoenas; preservation orders; referral to cybercrime units).
Attach exhibits (Annex “A”, “B”, etc.) and witness judicial affidavits.
Notarize (personal appearance or e-notarization if available).

No filing fees are typically required for criminal complaints with the prosecutor.

5) Filing & the Prosecutor’s Process

A. Filing

File in person or through the office’s e-mail/e-filing channel if available. Bring a USB (digital exhibits) plus printed annexes.
Request receipt/acknowledgement and docket number.

B. Preliminary Investigation Flow (standard timelines may vary)

Docketing & Subpoena: Prosecutor issues subpoena with your complaint and annexes to the respondent.
Counter-Affidavit: Respondent submits a sworn counter-affidavit with exhibits.
Reply/Rejoinder (optional): Brief, focused responses.
Resolution: Prosecutor determines probable cause.
- If found: Information filed with the RTC; a warrant of arrest may issue. Offense is bailable; courts often consider fines.
- If not found: Case is dismissed (you may move for reconsideration or bring a petition for review).

C. Parallel law-enforcement support

PNP Anti-Cybercrime Group (ACG) or NBI Cybercrime Division can assist with:
- Evidence preservation and forensics
- Drafting requests for platform data and cybercrime warrants
- Coordination with prosecutors/judges for time-sensitive preservation

6) Civil Damages: Options & Strategy

You may recover moral, exemplary, temperate/actual, and attorney’s fees under the Civil Code (e.g., Arts. 19, 20, 21; 26; 32), based on abuse of rights/torts.

How to proceed:

Deemed-instituted: By default, the civil action for damages is deemed instituted with the criminal case unless you waive or reserve it at the prosecutor stage (check the current Rule 111 requirements).
Independent civil action: You can file a separate civil case (e.g., tort/abuse of rights) to control pace and remedies. Consider this if the one-year criminal prescriptive period is tight or if you want injunctive relief faster.

Pros/Cons:

With criminal case: Leverages state resources; stronger deterrence. Timelines can be longer.
Civil-only: Faster injunctive/damages focus; you shoulder costs and burden of proof.

7) Common Defenses You Should Anticipate

Truth + Good Motives/Justifiable Ends (complete defense to libel if both are present).
Privilege:
- Absolute: e.g., statements made in legislative proceedings.
- Qualified: e.g., fair and true report of official proceedings; private communications in performance of duty; fair comment on matters of public interest (so long as not motivated by malice).
Opinion vs. Fact: Pure opinion is generally not actionable; mixed opinion implying undisclosed facts can be.
Lack of Identifiability: Claim that the post doesn’t point to you.
Lack of Publication: Only you received it (e.g., truly private message not shared further).
Prescription: Complaint filed after the one-year period.
No Malice: Especially for qualifiedly privileged communications; malice must then be proved by the complainant.

8) Sentencing, Bail, and Trends

Penalty baseline for libel is under the RPC; when committed through ICT, the penalty may be one degree higher.
Bail is available.
Courts increasingly favor fines over imprisonment in libel, consistent with Supreme Court administrative guidance—though imprisonment remains legally possible.
Probation may be available depending on the penalty actually imposed.

9) Strategic Playbook (Practical Tips)

File fast: Aim to file within 3–6 months of publication to avoid venue/prescription fights and ensure fresher data from platforms.
Preserve first, report later: Take comprehensive captures before using platform “report” tools.
Name the right respondents: Focus on authors/original posters. Platform liability is limited; takedowns require platform policies or court orders.
Avoid over-pleading: Keep your complaint laser-focused on the most clearly defamatory statements with the best-preserved proof.
Use law-enforcement channels for IP/user data; private subpoenas are not enough.
Mind venue allegations: Plead your residence at the time or first publication site in detail.
Show harm: Document emotional distress and reputational/financial impact early (therapy consults, HR memos, client emails).
Consider a demand letter: A well-crafted letter (seeking removal/apology) can help settlement and show lack of good motive if ignored.
Parallel civil action when appropriate (e.g., for swift injunctive relief or if criminal filing will be tight on prescription).
Be careful with republication: Sharing the defamatory post in your own complaint or social channels can complicate things; include only as evidence and blur/redact where appropriate in public filings.

10) Step-by-Step Template

A. Evidence & Prep (Week 0–1)

Capture: screenshots, screen recordings, URLs, timestamps, profile pages.
Draft Evidence Log and Annex List.
Get witness affidavits and any medical/employment documents.

B. Drafting the Complaint (Week 1)

Sworn Complaint-Affidavit with:
- Parties; venue facts; full narrative; quotes; annexes; prayer.
Attach Judicial Affidavits of witnesses.
Notarize.

C. Filing with Prosecutor (Week 1–2)

File physically or via e-filing (if available).
Request docket number and follow-up window.

D. Prosecutor’s Proceedings (Weeks 2–12+)

Monitor service of subpoena.
Prepare focused Reply if needed.
Ask the prosecutor to coordinate with ACG/NBI for data preservation when necessary.

E. After Resolution

If Information filed: coordinate with counsel on arraignment, bail, and trial strategy; consider civil damages posture (deemed-instituted or separate).
If dismissed: evaluate motion for reconsideration or petition for review.

11) Sample Outline: Sworn Complaint-Affidavit (Excerpt)

I, [Name], of legal age, Filipino, and a resident of [Address at time of publication], state:
On [Date/Time], the respondent [Handle/Name] posted on [Platform] the following statements about me: “[Exact Quote]” (Annex “A”).
The post was publicly accessible and garnered [X] views/comments (Annex “B” analytics/screenshot).
These statements are false and defamatory because [brief reasons + documents—Annex “C”].
I am identifiable as the subject of the post because [linkage facts] (Annex “D”).
I suffered [harm] as shown by [records] (Annex “E”).
Venue is proper in [City/Province] because [residence at time/first publication facts].
Prayer: I respectfully pray that the respondent be prosecuted for [Online Libel]; that subpoenas and appropriate cybercrime warrants issue to preserve and obtain platform and subscriber data; and that I be awarded damages as may be proper under law.

Verification and Notarization

12) FAQs

Q: Can I sue the platform? Generally no, absent their own wrongful act under Philippine law. Use platform reporting tools and, if needed, seek court orders via prosecutors/cybercrime units.

Q: The post was edited/deleted—am I stuck? No. If you preserved earlier versions or others saw/shared them, publication occurred. Law enforcement may still obtain server logs/archives with proper process.

Q: The poster is anonymous. Proceed with the complaint and request assistance from ACG/NBI; prosecutors may seek court warrants for subscriber/IP information and related logs.

Q: Can I ask the court to stop further posting? Yes—through injunctive relief in a civil case (subject to constitutional limits). For criminal cases, content restraints typically require court authorization under cybercrime warrant rules.

Q: What if the post is “opinion”? Pure opinion is usually protected; false factual assertions disguised as opinion can still be actionable.

13) Quick Checklist (Print-Friendly)

Prescriptive period: within 1 year
Venue facts ready (residence at time / first publication)
Screenshots + screen recordings with URLs and timestamps
Witness affidavits
Proof of falsity/lack of good motive (if available)
Harm documentation (moral, reputational, financial)
Sworn Complaint-Affidavit + Judicial Affidavits
Annexes labeled and indexed
Filing with Prosecutor; follow-ups calendared
Parallel civil strategy (reserve/waive or file separately)
Consider law-enforcement assistance for platform/subscriber data

Final Notes

The line between protected speech and defamation is fact-sensitive. Early preservation and clear venue pleading often decide these cases.
If you can, consult counsel experienced in cybercrime and defamation to tailor your theory of the case, secure timely warrants, and protect against prescription and venue pitfalls.