Dealing with a partner’s ex-partner who resorts to online attacks can be emotionally draining and legally complex. In the Philippines, the intersection of social media and personal vendettas is governed by a framework of laws designed to punish digital aggression and protect victims from further harm.
Below is a comprehensive guide to the legal remedies and protections available under Philippine law.
1. Cyber Libel
The most common weapon in online harassment is the publication of defamatory statements. Under Republic Act No. 10175 (Cybercrime Prevention Act of 2012), libel committed through a computer system carries a higher penalty than traditional libel.
Elements of Cyber Libel
For a case to prosper, the following must be present:
- Allegation of a vice, defect, or crime: The ex-partner makes a statement that harms your reputation.
- Publicity: The statement was posted on a public platform (Facebook, X, Instagram) or even in a group chat with multiple people.
- Malice: The intent to harm your reputation rather than a legitimate grievance.
- Identifiability: A third party can easily conclude that the post refers to you, even if your full name isn't used.
Note: Under Philippine law, "Truth" is not always a defense. Even if a statement is true, if it was posted solely to humiliate or dishonor you, it can still be considered libelous.
2. Unjust Vexation and Grave Threats
If the harassment doesn't quite meet the technical definition of libel (e.g., they aren't lying about you, but they won't stop messaging or "trolling" you), other provisions of the Revised Penal Code apply:
- Unjust Vexation: This is a "catch-all" provision for conduct that annoys, irritates, or vexes an innocent person without physical violence.
- Grave Threats: If the ex-partner threatens to harm you, your family, or your property (e.g., "I'll find where you live," or "You'll pay for this"), this is a criminal offense. If made online, the penalty is increased by one degree under the Cybercrime Law.
3. Safe Spaces Act (Bawal Bastos Law)
Republic Act No. 11313 addresses Gender-Based Online Sexual Harassment. This is a powerful tool if the partner's ex is:
- Sending unwanted sexual photos or messages.
- Uploading or sharing photos without consent to shame you.
- Engaging in "doxing" (publishing your private contact info or address to encourage others to harass you).
- Creating fake accounts to impersonate you and ruin your reputation.
4. Violence Against Women and Their Children (VAWC)
If you are a woman and the harassment is causing you emotional or psychological distress, Republic Act No. 9262 may apply.
While the law usually targets the partner, the Supreme Court has recognized that "psychological violence" can be committed by anyone who causes the victim mental or emotional suffering. If the ex-partner’s harassment is a way to continue abusing your current partner or targeting you as a proxy, a Protection Order (TPO/PPO) can be sought from the court to bar them from contacting or coming near you.
5. Summary of Legal Remedies
| Action | Legal Basis | Best For... |
|---|---|---|
| Criminal Complaint | RA 10175 | Sending the offender to jail or seeking damages for defamatory posts. |
| Protection Order | RA 9262 / Safe Spaces | Legally forcing them to stop all communication and stay away. |
| Civil Action | Civil Code (Art. 26) | Seeking monetary compensation for "disturbance of peace of mind." |
| Platform Reporting | Terms of Service | Getting accounts banned or posts taken down quickly. |
Immediate Steps to Take
If you are currently being harassed, do not engage or retaliate, as this can weaken your legal standing. Instead:
- Preserve Evidence: Take screenshots of everything. Ensure the date, time, and the "URL" or profile link of the offender are visible.
- Verify the Identity: If they are using a "dummy account," a formal complaint with the PNP-Anti-Cybercrime Group (ACG) or the NBI-Cybercrime Division is necessary to request a disclosure of the IP address.
- Cease and Desist: Have a lawyer send a formal letter. Often, the threat of a lawsuit is enough to stop an obsessed ex-partner.
- File a Blotter: Report the incident to your local barangay or police station to establish a paper trail.
Would you like me to draft a sample "Cease and Desist" letter that you could review with a lawyer?