Legal Remedies for SMS Harassment in the Philippines

SMS (text message) harassment has become one of the most common forms of technology-facilitated abuse in the Philippines. Repeated unwanted messages, threats, sexual remarks, stalking through incessant texting, slut-shaming, blackmail, or the sharing of private images without consent constitute criminal offenses under multiple laws. Victims have access to criminal prosecution, civil damages, protection orders, and barangay-level remedies. Because all mobile numbers are now required to be registered under Republic Act No. 11934 (SIM Card Registration Act), perpetrators can almost always be identified by law enforcement.

Below is a comprehensive guide to every legal remedy currently available as of December 2025.

1. Republic Act No. 11313 – The Safe Spaces Act (Bawal Bastos Law)

This is the primary and most victim-friendly law for SMS harassment that is sexual or gender-based, regardless of the relationship between victim and perpetrator.

What acts are punishable as gender-based online sexual harassment (Section 4)?

  • Incessant messaging
  • Unwanted sexual remarks, misogynistic, transphobic, homophobic, or sexist comments sent via SMS
  • Threats of a sexual nature
  • Cyberstalking through repeated texts
  • Sharing or threatening to share intimate photos/videos (“revenge porn” via text)
  • Posting lies or filing false reports to harm the victim’s reputation
  • Impersonation or any act that causes the victim mental or emotional suffering through ICT

Penalties (Section 11–12)

  • 1st offense: Arresto menor (1–30 days imprisonment) or fine of ₱5,000–₱10,000
  • 2nd offense: Arresto mayor (1 month 1 day–6 months) or fine of ₱10,000–₱50,000
  • 3rd and subsequent offenses: Prisión correccional (6 months 1 day–6 years) or fine of ₱100,000–₱300,000

The penalty is increased by one degree if committed by a person in authority, public officer, or in conspiracy with others.

Where to file

  • Directly with the barangay (highly recommended – fastest)
  • With the city/municipal prosecutor (inquest if caught in the act)
  • With the Philippine National Police (PNP) Women and Children Protection Center (WCPC) or local police station
  • Online complaint via the PNP Aleng Pulis hotline or WCPC Facebook page (evidence can be attached)

The barangay can immediately issue a Barangay Protection Order (BPO) prohibiting further contact and can mediate monetary settlement for civil damages.

2. Republic Act No. 9262 – Anti-Violence Against Women and Their Children Act of 2004

Applicable when the perpetrator is or was an intimate partner (husband, live-in partner, boyfriend/girlfriend, dating relationship, or sexual relationship) or the father of the victim’s child.

SMS harassment qualifies as psychological violence under Section 5(i) when it causes mental or emotional anguish, fear, or distress. Supreme Court jurisprudence (Araullo v. People, G.R. No. 217805, 2018; Dinamling v. People, G.R. No. 199522, 2014, among many others) has consistently ruled that repeated threatening, insulting, or coercive text messages constitute psychological violence under RA 9262.

Remedies

  • Temporary Protection Order (TPO) – issued within 24 hours (ex parte)
  • Permanent Protection Order (PPO) – issued within 30 days after hearing
    Both orders can prohibit the perpetrator from sending messages, calling, or coming within a specified distance, and may include support or custody provisions.

Penalties
Prisión mayor (6 years 1 day–12 years) plus fine of ₱100,000–₱300,000 and mandatory psychological counseling.

Where to file

  • Barangay (for BPO – valid 15 days)
  • Family court (for TPO/PPO)
  • Prosecutor’s office or PNP-WCPC (criminal action)

3. Revised Penal Code Provisions (Catch-all for non-sexual, non-intimate partner harassment)

Article Offense Elements Relevant to SMS Harassment Penalty
282 Grave threats Threat to kill, inflict serious injury, or burn property Prisión mayor or reclusión temporal if serious
283 Light threats Threat of crime not constituting grave threats Arresto mayor
287 Light coercion Forcing another to do something against will via threats Arresto mayor
353–358 Libel/Slander Public imputation of a vice, defect, or crime via text Prisión correccional or fine
26 Unjust vexation Annoying or vexing acts not falling under any other article Arresto menor or fine up to ₱40,000

Unjust vexation is the most commonly used charge when the messages are merely annoying, insulting, or harassing but not sexual or threatening. Multiple messages can be considered as one continuing crime.

4. Republic Act No. 10175 – Cybercrime Prevention Act of 2012

SMS harassment can be charged as:

  • Cyberlibel (Section 4(c)(4)) – if the messages are defamatory and public (e.g., group chats)
  • Computer-related offenses if the perpetrator uses fake accounts or hacks

The Supreme Court in Disini v. Secretary of Justice (2014) upheld online libel but struck down the “take-down” clause and spontaneous libel provision.

5. Republic Act No. 9995 – Anti-Photo and Video Voyeurism Act

If the harasser sends or threatens to send intimate photos/videos without consent (“sextortion”), this law applies in addition to RA 11313.

Penalty: Prisión correccional + fine ₱50,000–₱200,000 (increased under RA 11313 for online acts).

6. Special Protection for Minors

If the victim is below 18:

  • RA 7610 (Special Protection of Children Against Abuse) – child abuse via psychological violence
  • RA 9775 (Anti-Child Pornography Act) – if sexual images are involved

These carry heavier penalties (reclusión temporal to reclusión perpetua).

Practical Steps for Victims (2025 Procedure)

  1. Save all evidence

    • Screenshots with time/date visible
    • Do not delete original messages
    • Take video of the phone screen showing the number and messages (stronger evidence)
  2. Report immediately to the barangay for BPO (fastest – issued same day or next day)

  3. Go to the nearest PNP station or WCPC for blotter and affidavit

  4. File complaint-affidavit with the prosecutor (for non-VAWC cases) or family court (for VAWC)

  5. Request subpoena for subscriber information from the telco (police/prosecutor can do this quickly because of SIM registration)

  6. File civil action for damages (moral, exemplary, attorney’s fees) – can be included in the criminal case or filed separately

  7. For urgent danger: Call 911 or the PNP WCPC hotline 8723-0401 loc. 5350

Civil Damages Victims Can Claim

Supreme Court awards in recent years have ranged from ₱100,000 to ₱500,000 in moral damages for SMS harassment under RA 9262 or RA 11313, plus exemplary damages of ₱50,000–₱200,000 and attorney’s fees.

Why Perpetrators Are Almost Always Caught Now

Since the full implementation of RA 11934 (SIM Registration Act) in 2023–2024, every active Philippine SIM is linked to a government ID. Law enforcement can obtain the registered owner’s name, address, and photo within hours via subpoena to Globe, Smart, or DITO. Even if the perpetrator uses someone else’s registered SIM, the registered owner can be compelled to identify the actual user.

Conclusion

Victims of SMS harassment in the Philippines are no longer helpless. The combination of the Safe Spaces Act, Anti-VAWC Law, SIM registration, and barangay/Family Court protection orders creates one of the strongest legal frameworks in Southeast Asia for addressing text message abuse. The key is to preserve evidence and file immediately – the vast majority of cases filed with proper screenshots result in either settlement, protection orders, or conviction.

No one has the right to terrorize another person through their phone. The law is firmly on the victim’s side.

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