How to File an Online-Harassment Complaint in the Philippines (A Comprehensive Legal Guide as of 12 June 2025)
1. Why this matters
Almost every Filipino now carries a smartphone and spends several hours a day online. Unfortunately, the internet has also become a venue for threats, defamation, sexual harassment, stalking, “doxxing,” non-consensual photo sharing, deep-fake pornography, hate speech, and other abuses. Unlike face-to-face misconduct, online harassment often crosses physical borders, is perpetrated anonymously, and leaves a permanent digital trace. Philippine law recognizes those challenges and offers both criminal and civil remedies—if you know how to invoke them and preserve the evidence.
2. Relevant statutes and rules
| Primary Law | Key Offence(s) | Penalty & Venue |
|---|---|---|
| Republic Act (RA) 10175 – Cybercrime Prevention Act of 2012 | Cyber libel, cyber threats, computer-related identity theft, illegal access, data interference, content-related offences | Prisión mayor (6 yrs 1 day – 12 yrs) &/or ₱200 k–₱1 m fine, Regional Trial Court (RTC) acting as Cybercrime Court |
| RA 11313 – Safe Spaces Act (‘Bawal Bastos’ Law, 2019) | Gender-based online sexual harassment (GBOSH) | Arresto mayor to prisión correccional + up to ₱500 k fine; administrative sanctions for government/school employees |
| RA 9262 – Anti-Violence Against Women & Their Children (2004) | Digital violence (harassing calls, messages, stalking, humiliation) within intimate or dating relationships | Imprisonment up to 12 years, Protection Orders |
| RA 9995 – Anti-Photo & Video Voyeurism Act (2009) | Posting or sharing intimate images without consent | 3–7 yrs + ₱100 k–₱500 k |
| RA 9775 – Anti-Child Pornography Act (2009) & RA 7610 | Any online sexual exploitation of minors | up to reclusión temporal & perpetual disqualification |
| Revised Penal Code (RPC) arts. 353–362, 282, 287 | Libel, slander, threats, unjust vexation (now often charged as cyber versions under RA 10175) | See RPC; prescription for cyber libel 15 years (Supreme Court, Beltran v. People, G.R. 274133, 2023) |
| RA 8792 – E-Commerce Act & Rules on Electronic Evidence (2001) | Legal admissibility & authentication of digital evidence | |
| RA 10173 – Data Privacy Act | Unauthorized processing or disclosure of personal data (often overlaps with doxxing) | up to 6 years + ₱5 m |
Special regimes:
- RA 10627 Anti-Bullying Act requires schools to act on cyber-bullying.
- Civil Code arts. 19–26 allow an independent civil action for damages based on abuse of rights or defamation.
3. What counts as “online harassment”?
- Criminal defamation (cyber libel/slander) – posting false statements that damage someone’s reputation.
- Direct threats – messages that convey intent to harm life, honor, or property.
- Stalking & unwanted contact – persistent tracking, fake accounts, excessive messaging intended to cause fear or distress.
- Gender-based sexual harassment – unwanted sexual remarks, cat-calling in livestreams, “slut-shaming,” distribution of sexual images or deepfakes, sexual threats.
- Non-consensual intimate imagery – “revenge porn,” voyeuristic recordings, up-skirt shots.
- Doxxing & identity theft – publishing private data to encourage harassment, using another’s profile to embarrass or defraud.
- Hate speech – content that incites violence or discrimination on the basis of race, religion, sexual orientation, etc. (may be charged as grave threats, libel, or violations of special laws).
4. Jurisdiction & venue
Cybercrime cases are filed with the Regional Trial Court (RTC) designated as a Cybercrime Court in the province or city where:
- the offended party resides or
- the content was first accessed or downloaded or
- any computer used in the commission is located.
Barangay Katarungang Pambarangay conciliation is not required if the offence carries a maximum penalty > 1 year or occurs online (A.M. No. 07-9-12-SC).
The DOJ Office of Cybercrime (OOC) handles mutual legal assistance, preservation-order requests to foreign platforms, and extradition.
5. Collecting & preserving evidence
Rule #1: Capture before it disappears.
| What to collect | How to do it | Why it matters |
|---|---|---|
| Screenshots of posts, messages, profiles | Take full-screen shots showing the URL, date & time. On mobile, enable “show system date” in the status bar. | Helps prove publication, authorship, and timing. |
| Webpage archive files | “Save as Webpage, Complete” + export as PDF; use free archiving sites (e.g., archive.today) for a hash-stamped copy. | Courts favor immutable captures. |
| Chat logs & metadata | Export entire thread (Messenger’s “Download your Information,” Viber’s “Email chat”). | Shows continuity and context. |
| Device information | Screenshots of device settings, IMEI, IP logs (Settings → About Phone). | Traces ownership. |
| Witness affidavits | Friends who saw the posts can execute affidavits. | Corroboration. |
| Police blotter or Barangay incident record | Report ASAP; obtain a certified extract. | Shows contemporaneous complaint; interrupts prescription. |
Authentication under the Rules on Electronic Evidence (Rule 5) usually requires:
- Affidavit of the person who captured the data explaining the steps taken, and
- Confirmation from the platform or service provider (obtained later through subpoena) that the account and postings exist(ed).
6. Where to file the complaint
| Forum | When to choose it | Contact details |
|---|---|---|
| PNP Anti-Cybercrime Group (ACG) | Urgent takedown, cyber threat, hacking, identity theft | Camp Crame HQ + 18 Regional ACG units; hotline 0966-627-4258; e-mail acg@pnp.gov.ph |
| NBI Cybercrime Division | Complex cases needing forensic imaging or cross-border coordination | Taft Ave., Manila; online reporting portal complaint@nbi.gov.ph |
| Barangay | Gender-based online sexual harassment (RA 11313) if penalty ≤ 1 year or for issuance of Barangay Protection Order (BPO) in VAWC cases | Punong Barangay where complainant resides |
| Women & Children Protection Desk (WCPD) of PNP | VAWC, child-related exploitation, sexual threats | Nearest city/municipal police station |
| Office of the City / Provincial Prosecutor | To initiate preliminary investigation for cybercrime or libel if you already have the evidence | File a complaint-affidavit with annexes |
| Civil courts (RTC or MTC) | Independent civil action for damages, injunction, protection order | Filed through verified complaint |
Tip: You can file simultaneously with the ACG/NBI and the Prosecutor’s Office. Law-enforcement investigation often speeds up subpoenas to social-media platforms.
7. Step-by-step criminal procedure
Draft a Complaint-Affidavit
- State personal details, narrate facts in chronological order, identify the specific law violated, and attach evidence marked as Annex “A,” “B,” etc.
- Swear before a prosecutor, notary, or authorized officer.
File with Law Enforcement (optional but recommended)
- Submit the affidavit + USB/DVD containing digital copies.
- ACG/NBI issues acknowledgment receipt and case reference number.
- Investigators may apply for a Preservation Order under §13, RA 10175 to compel platforms/ISPs to keep logs for 120 days, extendable.
Preliminary Investigation (PI)
- Complaint-Affidavit is docketed; prosecutor issues a Subpoena with respondent’s copy.
- Respondent files Counter-Affidavit within 10 days (extendable).
- Complainant may file Reply; respondent may Rejoinder.
- Prosecutor resolves whether there is probable cause.
Filing of Information & Issuance of Warrant
- If probable cause exists, an Information is filed in the proper RTC Cybercrime Court.
- Judge personally examines the records; may issue a Warrant of Arrest and Warrant to Search, Seize & Examine Computer Data (WSSECD).
Arraignment & Trial
- Accused enters plea; court sets pre-trial, marks electronic evidence, and may issue protective orders (e.g., takedown, gag order).
- Trial follows regular criminal-procedure rules, but electronic evidence is presented per the Rules on Electronic Evidence.
Judgment & Remedies
- Conviction leads to imprisonment and/or fine; civil indemnity may be awarded.
- Aggrieved party can appeal to the Court of Appeals (criminal) or file a separate civil action for additional damages.
8. Special procedures
8.1 Gender-Based Online Sexual Harassment (GBOSH)
- Victim may complain to Barangay, PNP Women’s Desk, or PEZA/DPWH security for workplaces.
- Barangay Protection Orders (BPOs) available within 24 hours, valid 15 days, extendible.
- Penalties escalate for second and subsequent offenses.
- Employers and school heads face administrative fines for non-action.
8.2 Child Victims
- PNP ACG’s Women and Children Cybercrime Protection Unit leads.
- In-camera testimony, video-link depositions, and child-witness rules apply (RA 7610, Rule on Examination of a Child Witness).
- RA 9775 imposes mandatory reporting on ISPs; failure is fined up to ₱1 m.
8.3 VAWC & Intimate-Partner Digital Abuse
- Victim may apply for Temporary/Emergency Protection Orders (TPO/EPO) ex parte in the nearest RTC or family court.
- Courts may order the perpetrator to refrain from sending messages, to vacate shared digital accounts, and to surrender electronic devices.
9. Civil and administrative remedies
| Remedy | Basis | What you can get |
|---|---|---|
| Independent civil action for damages | Art. 33 Civil Code or RA 10175 §33 | Moral, exemplary & actual damages, attorney’s fees |
| Injunction / Takedown order | Rule 58 (TRO) or A.M. No. 01-7-01-SC | Immediate removal of content, suspension of account |
| Data-privacy complaint to NPC | RA 10173 | Compliance orders, fines up to ₱5 m |
| Labor/school disciplinary case | Safe Spaces Act, CSC rules, CHED/DepEd guidelines | Suspension, termination, expulsion |
10. Prescription (time limits to file)
| Offence | Prescriptive period |
|---|---|
| Cyber libel | 15 years (Beltran v. People, 2023) |
| Regular libel (offline) | 1 year |
| Light offences (unjust vexation, slander) | 2 months |
| RA 11313 GBOSH | 3 years |
| VAWC | 20 years |
| Child-pornography offences | No prescription while victim is minor; otherwise 20 years |
Filing a police blotter or Barangay incident report interrupts prescription, but best practice is to lodge the formal complaint-affidavit within one month.
11. Penalties snapshot
| Law | Imprisonment | Fine |
|---|---|---|
| RA 10175 (basic cybercrime) | 6 yrs 1 day – 12 yrs per count | ₱200 k – ₱1 m |
| Cyber libel | Prisión mayor max (up to 12 yrs) | Up to ₱1 m |
| GBOSH first offense | Arresto mayor (1 mo 1 day – 6 mo) | ₱100 k |
| RA 9995 voyeurism | 3 – 7 yrs | ₱100 k – ₱500 k |
| RA 9262 digital violence | Up to 12 yrs | Varies |
| Child-pornography production | 12 – 20 yrs + perpetual disqualification | ₱1 m – ₂m |
12. Role of Internet platforms & ISPs
- Notice-and-takedown: Under §9(e) RA 10175, ISPs must “install … technology to block access to or remove” criminal content upon court order.
- Data retention: ISPs retain traffic data for 6 months (extendable to 6 months more on demand).
- Safe Spaces Act: Platforms that fail to remove GBOSH content within 24 hours of notification may be fined up to ₱100,000 per day.
- Cooperation: Most major platforms (Meta, X, Google) require a formal subpoena but respond quickly to Emergency Disclosure Requests from PNP/NBI for threats to life.
13. Practical tips & common pitfalls
- Do not edit screenshots—cropping may lead to authenticity objections.
- Act quickly; many offenders deactivate accounts after a few days.
- Mind jurisdiction; if perpetrator is abroad, coordinate with DOJ-OOC early.
- Avoid amplifying the harassment by reposting. Courts may misconstrue republication.
- Consult a lawyer—legal aid is available from the Integrated Bar of the Philippines (IBP), Public Attorney’s Office (for child/women victims), and non-profits like IDEALS and Lunas Collective.
- Mental-health support matters—call DOH HOPEline (2919) or CHR Gender Ombud (8882-7047) if trauma sets in.
14. Sample outline of a Complaint-Affidavit
Title: “Complaint-Affidavit for Cyber Libel & Violation of RA 11313” Parties: Complainant (full name, residence) vs. Respondent (username, real name if known) Jurisdictional Allegation: “The complainant resides in Quezon City where the defamatory post was first viewed and downloaded; hence jurisdiction lies before this Honorable Office.” Statement of Facts: numbered paragraphs, attach Annexes. Applicable Laws: cite §§4(c)(4) & 6 RA 10175; §§12, 19 RA 11313. Reliefs Sought: issuance of subpoena to Facebook Ph Ltd., preservation order, filing of Information. Verification & Oath: “Affiant further sayeth naught.” Signed before Asst. City Prosecutor.
15. Conclusion
Online harassment is punishable under multiple Philippine laws, with penalties far stiffer than their offline counterparts. Success hinges on early evidence preservation, choosing the right forum, and invoking the correct statute. If you or someone you know is being harassed online, document everything today, seek help from the PNP-ACG or NBI Cybercrime Division, and file a Complaint-Affidavit before the prescriptive period lapses. With vigilant enforcement and informed citizens, the digital space can become safer for all Filipinos.
Disclaimer: This article is for general legal information as of 12 June 2025 and does not substitute for individualized legal advice. Laws, rules, or jurisprudence may change; always consult a licensed Philippine lawyer for specific cases.