How to File a Cyber-Harassment Complaint Against Someone Overseas (Philippines)

This guide explains practical and legal options available in the Philippines when the harasser is outside the country. It’s general information, not legal advice; consult counsel for your specific case.

1) What counts as “cyber-harassment” under Philippine law?

“Cyber-harassment” isn’t a single offense. Conduct that happens online can fall under one or more of these laws, depending on the facts:

Cybercrime Prevention Act (RA 10175). Covers offenses committed “through and with the use of information and communications technologies,” including cyber libel, illegal access, data interference, computer-related identity theft, and empowers authorities to issue preservation and disclosure orders to service providers.
Revised Penal Code (as supplemented by RA 10175). Possible crimes include libel, grave threats, grave coercion, unjust vexation (fact-specific), and stalking-type behaviors if they meet elements of existing offenses.
Safe Spaces Act (RA 11313). Penalizes gender-based online sexual harassment (e.g., misogynistic slurs, non-consensual distribution of intimate images, unwanted sexual advances in digital spaces).
Anti-Photo and Video Voyeurism Act (RA 9995). Prohibits recording or sharing intimate images/videos without consent, including online.
VAWC (RA 9262). If the abuser is a current/former spouse or partner, online abuse may be psychological violence; you may seek Barangay/Temporary/Permament Protection Orders.
Data Privacy Act (RA 10173). If your personal data was unlawfully processed or disclosed, you may file a complaint with the National Privacy Commission (NPC).
Child-related statutes (if the victim is a minor): Anti-Bullying Act (RA 10627) for schools; Special Protection of Children Against Abuse (RA 7610); and online sexual abuse/exploitation laws (including the 2022 law on OSAEC).

You can—and often should—allege multiple offenses if the facts fit.

2) Can the Philippines go after someone outside the country?

Yes, in many scenarios. RA 10175 provides extraterritorial jurisdiction where any element of the crime occurs in the Philippines, or the computer system used is located here, or the offense affects a Filipino citizen or Philippine territory. In practice, authorities proceed if there is a Philippine nexus—e.g., the victim is in the Philippines, the content is accessible here, or local infrastructure was used.

For suspects abroad, Philippine agencies coordinate through:

INTERPOL channels (police-to-police assistance),
Mutual Legal Assistance (MLA) requests (through the DOJ Office of Cybercrime as central authority for cybercrime),
Letters rogatory or treaty-based cooperation for evidence or service provider data.

Realistically, international cases take longer. Strong documentation and swift evidence preservation significantly improve outcomes.

3) Where do you file?

You may start with any of the following (you can do several in parallel):

NBI Cybercrime Division (NBI-CCD). Investigates, forensics, coordinates with foreign counterparts.
PNP Anti-Cybercrime Group (PNP-ACG). Same mandate on the police side; has regional cyber units.
Office of the City/Provincial Prosecutor. For a criminal complaint initiating preliminary investigation (especially if you already have a clear theory of the offense and evidence set).
National Privacy Commission (NPC). If the misconduct involves unlawful processing/disclosure of personal data.
Barangay/Family Court (if RA 9262/VAWC applies). For Protection Orders even while the criminal case is pending.
Civil action in regular courts for damages (Civil Code Articles 19, 20, 21, 26)—often alongside the criminal route.

There are designated cybercrime courts (RTC branches) for warrants and trials arising from cybercrime cases.

4) What to prepare before filing (evidence & documentation)

Strong, admissible evidence is crucial—especially cross-border.

A. Preserve digital evidence (originals and working copies).

Full-page screenshots that include URL, date/time, and profile handles.
Original files (images, videos, voice notes) downloaded without alteration; keep original metadata.
Headers/logs: For emails, save full headers; for websites, note URLs, message IDs, post IDs, platform ticket numbers.
Device info: Record device, OS, app version—especially when content is volatile (stories, reels, disappearing messages).
Hash the key files (e.g., SHA-256) to document integrity (optional but best practice).

B. Keep a contemporaneous incident log.

A simple table (date/time, platform, account/URL, what happened, witnesses, action taken). Consistency helps credibility.

C. Identify service providers and accounts.

Platform name (Facebook/Instagram/X/TikTok, etc.), handle/URL, suspected country (if any), links to specific posts/messages.

D. Draft your Affidavit-Complaint and witness affidavits.

State the who/what/when/where/how, attach exhibits, and swear before a prosecutor/notary.
For minors, add proof of age and parent/guardian consent/representation as needed.

E. Immediate protective actions (non-legal but important).

Report/flag content to the platform; request removal.
Block/mute the harasser (unless you need to continue collecting evidence—balance safety vs. evidence).
Inform your school/employer if relevant (Anti-Bullying Act policies, workplace rules).

5) Step-by-step: Filing a criminal complaint (with an overseas suspect)

Initial report to NBI-CCD or PNP-ACG.
- Bring IDs, your Affidavit-Complaint draft, and evidence set (USB or cloud link + printed index).
- Investigators can take sworn statements, forensic images of devices (if necessary), and issue request letters for subscriber/content data preservation.
Preservation/Disclosure requests to platforms.
- Under RA 10175, authorities may issue data preservation orders (typically for at least 6 months, extendable) and disclosure orders to service providers.
- This is vital when the platform is headquartered overseas.
Filing with the Prosecutor’s Office.
- Submit the Complaint-Affidavit + annexes; pay minimal filing fees if applicable.
- The prosecutor will conduct preliminary investigation, issuing subpoena to the respondent (service abroad may need MLA).
Warrants and specialized orders (investigative stage).
- Investigators/prosecutors may apply to cybercrime-designated courts for:
  - Search, Seizure, and Examination of Computer Data (SSECD) warrants,
  - Real-time collection orders (for specific offenses),
  - Other digital-evidence measures.
Information filed; trial.
- If probable cause is found, the Information is filed in the appropriate court.
- For an overseas accused, arrest/service can involve red notices/MLA or the case may proceed in absentia after due processes, depending on the offense and appearance rules.

6) Venue, jurisdiction, and strategy tips

Venue: For cyber libel and online offenses, venue generally lies where any essential element occurred—commonly where the complainant resides (private individual) or where the material was first accessed/published in the Philippines. Prosecutors often accept filing where the victim lives/works if the content was accessible there.
Multiple fora strategy: It’s normal to pursue (a) criminal, (b) civil damages, and (c) administrative (NPC) or platform takedown simultaneously. Coordinate to keep your narratives consistent.
Cross-border expectations:
- Evidence first. The stronger your evidence, the more likely foreign cooperation.
- Platform cooperation varies. Some require formal legal process (subpoena/court order/MLA) to release subscriber or content data.
- Time matters. Act quickly so data isn’t deleted per provider retention policies.

7) Filing with the National Privacy Commission (NPC) (if data privacy is implicated)

Use if the harassment involved unlawful processing—e.g., doxxing, unauthorized disclosure of personal data, or failure of a controller to secure your data that enabled the harassment.
Prepare: Narrative, evidence, IDs, details of the personal information controller/processor (if known), and harm suffered.
Outcomes may include compliance orders, penalties, and guidance to secure takedown or remediation.

8) Special situations

Minors: Prioritize school reporting (Anti-Bullying Act), child protection units, and cyber-tips for child sexual abuse/exploitation. Law enforcement can escalate urgently; platforms also fast-track child-safety reports.
Intimate image abuse: Consider RA 9995, Safe Spaces Act, and civil injunctions for immediate takedown; combine with criminal complaint and platform reporting.
Domestic/relationship abuse (RA 9262): You can seek Protection Orders quickly, even ex parte, with online harassment as psychological violence. Attach screenshots and explain the relationship.

9) Practical checklists

Evidence Checklist

Master folder with date-stamped subfolders
Screenshots with URL, time, handle visible
Original media files (no edits) + optional hash values
Email headers / message IDs / post IDs
Incident log (CSV/table)
Copies of platform reports and ticket numbers

Filing Packet

Complaint-Affidavit (signed; notarized or sworn before prosecutor)
Annexes labeled (A, A-1, …) with a Documentary Evidence Index
Valid government ID
If filing via counsel: SPA/engagement letter
If minor: birth certificate + guardian docs

10) Sample Complaint-Affidavit (skeleton)

Republic of the Philippines [City/Province] Office of the City/Provincial Prosecutor

[Your Name], Filipino, of legal age, [civil status], and residing at [address], after being duly sworn, depose and state:

I am the complainant in this case for violation of [RA 10175—Cyber Libel; RA 11313—GBOSH; RA 9995; etc.], committed through online platforms.

On [date/time, timezone], the respondent [name/alias if known], using account [@handle or URL], posted/sent [describe content] accessible in [City, Philippines]. True copies are attached as Annex “A” series.

The statements/images are false/malicious/threatening/without consent and caused me [harm].

I reported the matter to [platform] under Ticket [no.] and preserved evidence (Annex B series).

I respectfully pray that charges be filed and appropriate preservation/disclosure orders be issued to [platform/service provider] to obtain subscriber/content data associated with [URL/message IDs].

PRAYER: For the filing of Information for [offense/s], issuance of necessary warrants/orders, and such other reliefs as are just.

[Signature/Name] [Date] SUBSCRIBED AND SWORN to before me this [date] at [city]. [Prosecutor/Notary]

11) Civil action for damages (in parallel)

Base claims on Articles 19, 20, 21 (abuse of right; willful or negligent acts causing damage) and Article 26 (privacy, dignity, reputation).
Reliefs: Moral/exemplary damages, injunctions (including takedown and non-contact orders), and costs/attorney’s fees.
Courts may grant interim relief to stop ongoing harm.

12) Timelines, prescription, and costs

Prescription varies by offense (e.g., libel has a shorter prescriptive period than many crimes). Don’t delay.
Filing fees for criminal complaints are typically minimal; civil suits and notarization incur costs.
International assistance adds time; act early to ensure data preservation.

13) Working with platforms

Use in-app reporting. Include: exact URLs, post IDs, and explain risk/harm (e.g., doxxing, threats, sexualized abuse).
For urgent harm (e.g., threats, child safety), flag imminent risk—platforms maintain law-enforcement portals for expedited requests (which authorities will handle).

14) Common pitfalls to avoid

Editing evidence (cropping that hides timestamps/URLs). Keep originals and make redacted copies for sharing.
Engaging the harasser in ways that escalate (but do document any messages you receive).
Relying only on screenshots when message IDs/headers are available.
Waiting until content is deleted—seek preservation quickly through NBI/PNP/Prosecutor.

15) When to get a lawyer

If the conduct is severe, involves sexual imagery, threats, minors, or you plan to pursue multiple fora (criminal, civil, NPC).
Counsel can draft targeted preservation/disclosure requests, craft proper venue choices, and coordinate with DOJ-OOC for MLA.

16) Quick action plan (one-page)

Safety first: Block/mute if needed; tell trusted contacts; if threats are credible, call local police.
Preserve evidence: Screenshots + original files; build an incident log; note URLs/IDs.
Report to platform (get ticket numbers).
File with NBI-CCD or PNP-ACG; bring affidavit draft + evidence.
Submit criminal complaint to the Prosecutor; request preservation/disclosure orders.
Consider NPC complaint, Protection Orders (if VAWC), and a civil suit for damages.
Follow up on MLA/INTERPOL steps via investigators/prosecutors.

Final note

Laws and procedures evolve, and success in cross-border cases depends heavily on evidence quality and swift preservation. If you want, I can turn the checklists and affidavit skeleton into fill-in-the-blank templates you can print and use.