Legal Remedies for Sexual Harassment via Unsolicited Calls and Text Messages in the Philippines

This guide is general information for the Philippine context (as of 2025) and not a substitute for legal advice. If you or someone you know is in immediate danger, call local authorities (e.g., 911/PNP) right away.

What counts as sexual harassment by call or text?

Sexual harassment happens when someone uses calls, SMS, chat apps, or other messaging to make unwanted sexual remarks, requests, innuendo, or lewd proposals, send indecent photos/videos, threaten sexual harm, or otherwise intimidate or humiliate on a sexual or gendered basis. It covers:

Persistent sexual “propositions,” catcalling-type remarks by phone, or late-night lewd calls
Unwanted “sexts,” nude images, or pornographic links
Threats of sexual violence or “revenge porn”
Stalking or monitoring through repeated calls/texts
Harassment by a boss/teacher or anyone with authority (even outside the office or campus)

Consent and frequency matter, but a single severe act (e.g., a threat or explicit photo) can already be actionable.

The main laws you can use

Safe Spaces Act (R.A. 11313)
- Covers gender-based sexual harassment in streets/public spaces, workplaces, schools, and online—including calls/SMS because they use ICT.
- Penalizes unwanted sexual remarks, requests, indecent messages, stalking, threats, and distribution of sexual content without consent.
- Applies regardless of gender or SOGIESC.
- Employers and schools must prevent and address cases; noncompliance can trigger administrative liability.
Anti-Sexual Harassment Act (R.A. 7877)
- Targets harassment in work and education/training where the offender has authority, influence, or moral ascendancy (e.g., boss, supervisor, teacher).
- Demands internal policies and a Committee on Decorum and Investigation (CODI); violations can lead to administrative and criminal liability.
Anti-Violence Against Women and Their Children (VAWC) Act (R.A. 9262)
- Applies when the offender is a spouse, ex-spouse, intimate partner, dating partner, or someone you share a child with.
- Covers harassment, stalking, repeated calls/texts causing emotional distress, threats, and coercion—including by electronic means.
- Provides Protection Orders (Barangay, Temporary, Permanent) with wide-ranging relief (no-contact, stay-away, support, custody, etc.).
- Note: Although VAWC primarily protects women and their children, other laws (like the Safe Spaces Act) protect all genders.
Cybercrime Prevention Act (R.A. 10175)
- If a crime in the Revised Penal Code (RPC)—like grave threats, libel, unjust vexation, acts of lasciviousness—is committed using ICT (SMS/calls/online), the penalty is generally one degree higher.
- Provides tools for electronic evidence preservation, real-time collection (with judicial authorization), and empowers specialized cybercrime units.
Revised Penal Code (select offenses, as applicable)
- Grave/Light threats (e.g., threats of rape or violence by text/call)
- Unjust vexation and related coercions (persistent harassment causing annoyance/irritation)
- Libel/Slander (defamatory accusations by text/call)
- Acts of lasciviousness (lewd acts that can be committed through ICT depending on circumstances)
Data Privacy Act (R.A. 10173)
- If your number or personal data were misused (e.g., leaked or used for unsolicited sexual messages without lawful basis), you can complain to the National Privacy Commission (NPC).
- Organizations must honor opt-out requests for marketing; misuse or unauthorized disclosure of your data can lead to administrative and criminal liability.
SIM Registration Act (R.A. 11934)
- Requires SIMs to be registered. Law enforcement can, via proper legal process, request subscriber info and telcos can block/deactivate SIMs used for harassment pursuant to lawful orders.
Anti-Photo and Video Voyeurism Act (R.A. 9995)
- Criminalizes recording, copying, or distributing intimate images without consent—even if sent via SMS or messaging apps.
Child protection laws
- If the victim is a child (below 18 or otherwise covered), powerful statutes apply, including the Special Protection of Children Against Abuse, Exploitation and Discrimination Act (R.A. 7610) and the Anti-OSAEC/CSAEM Act (R.A. 11930), with severe penalties.

Where to file and who can help

PNP Anti-Cybercrime Group (ACG) or NBI Cybercrime Division – for criminal complaints involving ICT (texts/calls/online).
Local PNP Station / Women and Children Protection Desk (WCPD) – for immediate assistance, especially threats or intimate partner cases.
City/Provincial Prosecutor’s Office – for filing criminal complaints directly (regular filing or inquest if the offender is arrested).
Barangay (VAWC Desk) – for Barangay Protection Orders (BPOs) in VAWC cases.
Employer/School – file an administrative complaint with HR or CODI under R.A. 7877 / R.A. 11313.
National Privacy Commission (NPC) – for data privacy violations (e.g., abuse of contact info).
Telcos/NTC – request number blocking and submit harassment reports; regulators can require cooperation under lawful orders.

Evidence: how to build a strong case

Preserve the trail (Rules on Electronic Evidence)

Keep the device: Don’t factory reset or delete threads.
Capture the content: Take full screenshots (include timestamps, number, and message header). Export chat logs if possible.
Back up metadata: Save call logs (date, time, duration), voicemail, and any contact cards.
Corroborate: Witnesses who saw messages pop up, co-workers who heard harassing calls, or telco certifications (call/SMS detail records obtained via subpoena/court order).
Don’t illegally record calls: The Philippines’ Anti-Wiretapping Act (R.A. 4200) generally prohibits recording without the consent of all parties. Avoid surreptitious recordings; use voicemails, screenshots, and official mechanisms instead.
Chain of custody: When you turn over devices, ask the officer to document hash values/serial numbers and every handoff.

What if the sender hid their identity?

Even with prepaid/unknown numbers, investigators can:

Seek SIM registration data under lawful process (R.A. 11934)
Correlate CDRs (call detail records) and device identifiers
Trace patterns (same device contacting multiple victims; links to social media)
Use content (photos, voice, references) to identify the offender

Criminal remedies—what you can allege (illustrative)

Gender-Based Online Sexual Harassment (R.A. 11313): unwanted sexual calls/texts; nonconsensual sexual images; sexual threats; cyberstalking.
VAWC (R.A. 9262): harassment by a spouse/partner/ex or someone with whom you share a child; emotional/psychological abuse by text/call; stalking. Comes with Protection Orders.
Threats (RPC): threats of rape, physical harm, or other felonies by text/call.
Unjust Vexation / Coercions (RPC): persistent, harassing, offensive calls or messages causing annoyance or humiliation.
Libel/Oral defamation (RPC): false imputations injuring reputation via messages/calls.
Acts of Lasciviousness (RPC): lewd conduct by ICT depending on the facts.
Voyeurism (R.A. 9995): sending or threatening to send intimate images without consent.
Child-related crimes (R.A. 7610 / R.A. 11930): if a child is targeted or sexual content involves a child.

Because R.A. 10175 increases penalties for offenses committed through ICT, qualifying your complaint under the cybercrime framework can be strategically important.

Venue & jurisdiction (practical): Cybercrime cases are typically handled by designated cybercrime courts/RTC branches. Venue can often be laid where any element occurred or where the victim resides (varies by offense and jurisprudence). Prosecutors can guide the correct venue.

Prescription: Some offenses (e.g., “light offenses” like unjust vexation) have short prescriptive periods. File promptly.

Civil remedies—compensation and injunctions

Even if you pursue criminal charges, you may also file or reserve a civil action for damages. Bases include:

Civil Code Arts. 19–21 (abuse of rights; acts contrary to morals/good customs)
Art. 26 (privacy, peace of mind, dignity)
Art. 20 (violation of law) and Art. 33 (independent civil action for defamation)
Moral, exemplary, and actual damages; attorney’s fees

For intimate partner cases, Protection Orders under VAWC can function like injunctive relief (no-contact, stay-away, custody, support, possession of residence, etc.).

Workplace and school remedies (administrative)

R.A. 7877 and R.A. 11313 require employers and educational institutions to:
- Maintain written Anti-Sexual Harassment/Safe Spaces policies
- Constitute a CODI (or equivalent)
- Provide confidential reporting channels, swift investigation, and proportional sanctions
- Protect complainants from retaliation

If the harasser is a superior or teacher, administrative liability is aggravated. You can also escalate noncompliance to DOLE (private sector), Civil Service Commission (government), CHED/DepEd/TVET (schools/training).

Data privacy route (NPC)

If an organization (or its employee/agent) misused your mobile number or personal data to send sexual messages—e.g., shared your number without consent—you can file a complaint with the National Privacy Commission for unauthorized processing or malicious disclosure. The NPC can order compliance, penalties, or corrective actions, in addition to any criminal or civil case.

Practical step-by-step (you can do these in parallel)

Stop the flow safely
- Block the number/account on your phone and apps.
- If the offender is known (co-worker, supervisor, teacher), avoid direct confrontation—use formal channels.
Preserve evidence
- Screenshot the entire conversation, save original files, and back up your phone.
- Note dates/times of calls, missed calls, and messages.
- Avoid editing or annotating originals; keep a separate notes file.
Report to authorities
- PNP-ACG/NBI Cybercrime for criminal complaints. Bring your device, ID, and evidence.
- If an intimate partner/ex: go to Barangay VAWC Desk for a BPO; you may also seek a TPO/PPO from the court.
- At work/school: file a complaint with HR/CODI under R.A. 7877 / R.A. 11313.
Engage telcos and regulators
- Ask your telco in writing to block the sender; note ticket numbers.
- For persistent or syndicated harassment/scams, regulators can order broader action upon lawful request.
Consider civil action
- Consult counsel about a civil suit for damages and possible injunctive relief (especially for non-VAWC cases where you still need a no-contact order).
Protect your privacy
- Change privacy settings, limit who can see your number, and remove your number from nonessential listings.
- If the harassment stems from a data leak, notify NPC.
Mind your safety and well-being
- Document any threats and patterns (e.g., waiting outside your home).
- Seek counseling/support services; courts recognize psychological harm as compensable.

Special scenarios

Anonymous or overseas harassers: Philippine cybercrime law has limited extraterritorial reach; cases can proceed where damage occurs in the Philippines or where elements of the offense touched systems here. Authorities may coordinate with foreign counterparts.
Multiple victims in one workplace or school: Consider collective reporting; patterns strengthen cases and increase employer/school liability if they fail to act.
Minors: Engage parents/guardians, WCPD, and child protection services immediately. Laws impose heavier penalties and specialized procedures to protect the child.

Do’s and Don’ts

Keep original devices and messages intact
Use official channels (PNP/NBI, Prosecutor, Barangay, HR/CODI)
Ask for receipts: incident blotter, complaint numbers, receiving copies
Seek legal advice early if you anticipate civil damages or complex venue issues

Don’t

Secretly record calls without all-party consent (risk under Anti-Wiretapping Act)
Retaliate or post the harasser’s personal data publicly (could backfire legally)
Delete or forward-edit message threads (can weaken evidentiary value)

FAQ

Q: Can a single obscene text be criminal? Yes—especially if it is threatening or severely lewd, or falls under gender-based online sexual harassment or voyeurism. Repetition strengthens certain charges (e.g., stalking, unjust vexation), but is not always required.

Q: What if my employer ignores my report? That can create separate administrative liability for the employer under R.A. 11313 and R.A. 7877. You can escalate to DOLE/CSC and pursue independent criminal/civil actions.

Q: Can I sue for damages even if the prosecutor dismisses the criminal case? Often yes. Many civil claims (e.g., Arts. 19–21, 26) can proceed independently, and the burden of proof is preponderance of evidence, not beyond reasonable doubt.

Q: Are screenshots enough? They’re useful, but best practice is to present original devices, exported logs, and where possible, telco certifications obtained through legal process. The Rules on Electronic Evidence allow testimonial and technical authentication.

Quick checklist (tear-off style)

Screenshot all messages (with headers/time)
Save call logs/voicemails; back up device
List dates/times, witnesses, effects on work/study
Report to PNP-ACG/NBI, secure blotter
If intimate partner/ex: get BPO/TPO
File with HR/CODI (work/school)
Ask telco to block number; keep ticket
Consider NPC complaint (data misuse)
Consult counsel on criminal + civil strategy

Final word

The Philippine legal framework gives you parallel tracks—criminal, civil, administrative, privacy, and protective—to stop the harassment, hold offenders accountable, and obtain compensation. The most powerful thing you can do right now is preserve evidence and start one formal process (police/prosecutor, barangay, HR/CODI, or NPC). The rest can follow.