Legal Remedies and Charges for Grave Threats under the Revised Penal Code

The digital landscape has transformed the way Filipinos interact, but it has also created a breeding ground for online abuse. In the Philippines, the law provides specific mechanisms to address these harms through the Cybercrime Prevention Act of 2012 (Republic Act No. 10175) and related statutes.


1. Understanding the Offenses

Before seeking remedy, it is vital to distinguish between the two primary forms of online misconduct:

  • Online Libel: This is the traditional crime of libel as defined in the Revised Penal Code, but committed through a computer system or any other similar means. It involves the public and malicious imputation of a crime, vice, defect, or any act or omission that tends to cause dishonor, discredit, or contempt of a person.
  • Cyberbullying: While there is no single "Cyberbullying Act" for adults, the Anti-Bullying Act of 2013 (RA 10627) covers cyberbullying within school settings. For adults, cyberbullying acts are prosecuted under Online Libel, Unjust Vexation, or the Safe Spaces Act (RA 11313) if the bullying involves gender-based online sexual harassment.

2. Legal Framework and Penalties

Under Section 4(c)(4) of RA 10175, Online Libel is a recognized cybercrime. A crucial distinction in Philippine law is the penalty:

Online Libel carries a penalty one degree higher than traditional libel. This means it is generally a non-probationable offense if the maximum penalty is imposed, often leading to imprisonment (prision correccional in its maximum period to prision mayor in its minimum period).

Key Elements of Online Libel:

  1. Imputation: An allegation of a discreditable act or condition.
  2. Publication: The statement was made available to a third person (e.g., posted on Facebook, sent in a group chat).
  3. Identifiability: The victim must be identifiable, even if not named specifically.
  4. Malice: The intent to harm the reputation of another.

3. Immediate Steps for Victims (Evidence Preservation)

In the digital world, evidence can be deleted in seconds. To build a strong case, "electronic evidence" must be preserved following the Rules on Electronic Evidence.

  • Screenshots: Capture the offending post, the profile of the perpetrator, the timestamp, and the URL.
  • URL Recording: Copy the direct link to the post or comment.
  • Avoid Engagement: Do not retaliate or engage in a "word war," as this can be used to argue "mutual defamation" or lack of malice.
  • Witnesses: Take note of others who saw the post or commented on it.

4. The Process of Filing a Case

The legal process in the Philippines generally follows these steps:

A. Filing with Law Enforcement

You may report the incident to the PNP Anti-Cybercrime Group (PNP-ACG) or the NBI Cybercrime Division (NBI-CCD). They have the technical capability to track IP addresses and authenticate digital footprints.

B. The Preliminary Investigation

A formal complaint-affidavit is filed before the Office of the City or Provincial Prosecutor.

  • The prosecutor determines Probable Cause—whether there is a well-founded belief that a crime was committed and the respondent is likely guilty.
  • The respondent is given a chance to submit a Counter-Affidavit.

C. Filing in Court

If the prosecutor finds probable cause, an Information (criminal charge) is filed in the Regional Trial Court (RTC) designated as a "Cybercrime Court."


5. Remedies and Relief

Victims can seek several forms of relief through the court system:

  • Criminal Prosecution: Seeking the imprisonment of the perpetrator.
  • Civil Damages: Under the Civil Code, victims can claim Moral Damages (for mental anguish), Exemplary Damages (as a deterrent), and Attorney’s Fees.
  • Takedown Requests: While Philippine courts can order the removal of content, victims can also use the internal reporting mechanisms of platforms (Meta, X, Google) citing local law violations.
  • Protection Orders: In cases falling under the Safe Spaces Act (gender-based harassment), victims can seek protection orders to prevent the perpetrator from contacting or approaching them.

6. Jurisdictional Issues

A unique aspect of Online Libel in the Philippines is venue. Generally, a criminal action for libel can be filed where the complainant resides at the time of the commission of the offense or where the written publication was first published. For online libel, the Supreme Court has clarified that it can be filed where the offended party actually resides or where the computer system used to publish or access the post is located.


7. The "Safe Spaces Act" (Bawal Bastos Law)

For cyberbullying that takes the form of sexual harassment—such as catcalling, misogynistic slurs, or the unauthorized uploading of photos/videos with sexual undertones—RA 11313 provides a faster and more specific route for prosecution than traditional libel. This law focuses on the "conduct" and the "atmosphere" of harassment rather than just the reputation of the victim.

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