Online Harassment and Cyberbullying in the Philippines: How to File a Complaint Under the Cybercrime Law

This article explains the legal landscape, practical steps, evidence rules, and procedures for reporting and prosecuting online harassment and cyberbullying in the Philippines. It is general information, not legal advice.

1) The Legal Framework

Online harassment and cyberbullying are not a single named offense in one statute. Instead, they are addressed across several laws that interact with the Cybercrime Prevention Act of 2012 (Republic Act No. 10175).

Core statute

RA 10175 (Cybercrime Prevention Act)
- Defines cybercrimes (e.g., illegal access, data interference, identity theft, computer-related fraud/forgery, cybersex, child pornography online, cybersquatting).
- Section 4(c)(4) – Cyber libel (i.e., libel via information and communications technologies).
- Section 6 – Higher penalties (one degree higher) when an offense under the Revised Penal Code (RPC) or special laws is committed by, through, and with ICT (e.g., grave threats, grave coercion, unjust vexation, and similar RPC offenses when done online).
- Procedural powers: preservation, disclosure, search and seizure of computer data, and international cooperation.

Complementary laws commonly used in cyberbullying/harassment cases

Revised Penal Code (RPC): Grave threats (Art. 282), grave coercion (Art. 286), slander/slander by deed, unjust vexation, alarms/scandals; when done online, penalties may be elevated under RA 10175 Sec. 6.
Safe Spaces Act (RA 11313): Prohibits gender-based online sexual harassment (e.g., non-consensual sexual remarks, threats, stalking, sharing of sexualized content, impersonation to humiliate, misogynistic and homophobic attacks, invasive monitoring). It provides criminal penalties and administrative remedies in schools and workplaces.
Anti-Photo and Video Voyeurism Act (RA 9995): Criminalizes recording, copying, or sharing private sexual images/videos without consent, including online distribution.
Anti-OSAEC and Anti-CSAEM Act (RA 11930): Stronger measures against online sexual abuse/exploitation of children; mandatory blocking, takedowns, and reporting obligations for service providers and platforms; severe penalties.
Anti-Violence Against Women and Their Children Act (RA 9262): Covers electronic harassment, stalking, and psychological violence against women and their children (e-VAWC), with protection orders (TPO/PPO) and criminal liability.
Data Privacy Act (RA 10173): Unauthorized processing/disclosure of personal or sensitive personal information; relevant to doxxing, unauthorized leaks, and invasive monitoring. Civil, administrative, and criminal liability may attach depending on the nature of the data and harm.
Anti-Bullying Act (RA 10627): Requires basic education schools to adopt anti-bullying policies, including cyberbullying; creates administrative/school-based remedies for minors.
SIM Registration Act (RA 11934): Facilitates attribution of messages and account identification through SIM registration records (law enforcement access is regulated).

Constitutionality and key doctrine

The Supreme Court (in Disini v. Secretary of Justice, 2014) generally upheld RA 10175, retained cyber libel, struck down aiding or abetting in cyber libel, and refined surveillance/procedural powers. The case guides prosecutors and courts on the scope of online speech regulation and due process.

2) What Conduct Can Be Punished?

Common patterns of online harassment/cyberbullying may fit into one or several offenses:

Cyber libel: False and malicious imputations that cause dishonor, discredit, or contempt, posted via social media, blogs, forums, or messaging apps.
Grave threats: Threatening another with a wrong amounting to a crime (e.g., threats of physical harm), sent online.
Grave coercion: Preventing a person by violence/intimidation from doing something not prohibited by law or compelling a person to do something against their will.
Unjust vexation: Acts that annoy, irritate, or humiliate without lawful cause (used cautiously; prosecutors assess context).
Identity theft/online impersonation (RA 10175 – computer-related identity theft): Using another’s personal data or accounts to defraud, shame, or harass.
Gender-based online sexual harassment (RA 11313): Unwanted sexual remarks, misogynistic slurs, non-consensual sharing of images, sexualized deepfakes, doxxing with sexual threats, online stalking.
Voyeurism/non-consensual intimate image sharing (RA 9995), OSAEC (RA 11930) for minors.
Doxxing and privacy breaches: Unauthorized disclosure of personal/sensitive data may trigger the Data Privacy Act (and civil actions for damages).
Swatting/false reports: May implicate alarms and scandals, unlawful use of means of publication, or other RPC offenses.

Note on overlap: Prosecutors may file multiple charges from different statutes when the facts fit, subject to double jeopardy and merger principles.

3) Jurisdiction, Venue, and Prescriptive Periods

Venue: For cyber offenses, venue can be anywhere an element of the crime occurred—e.g., where the content was posted, where the complainant accessed it, or where harm occurred.
Extraterritoriality: RA 10175 allows prosecution when the offense involves a computer system located in the Philippines, or the offender or victim is a Filipino, subject to treaty and cooperation mechanisms.
Prescription:
- Cyber libel generally follows one (1) year from publication (aligned with RPC libel).
- Other cybercrimes follow the prescriptive periods of the underlying offense or penalty (some are much longer). Act quickly, especially for libel and school-based remedies.

4) Evidence: What You Must Preserve (Immediately)

Digital evidence is fragile and can be deleted or altered. Preserve early and thoroughly.

Collect and keep:

Full-page screenshots of posts, comments, profiles, and timestamps. Include the URL bar and system clock if possible.
Direct links/URLs to the specific post/comment/story, not just the profile or group page.
Metadata: If feasible, export message threads (e.g., chat backups), email headers, and server timestamps.
Device evidence: Do not factory-reset; keep original devices/cards.
Hashing (if available): Compute SHA-256/MD5 hashes of files to demonstrate integrity (law enforcement/forensic units can do this).
Witness statements: People who saw the post before deletion; ask them to capture their own screenshots.
Platform responses: Reports/tickets to Facebook, X, TikTok, etc., and platform replies (useful for timelines and takedown).

Preservation Orders: Under RA 10175, authorities can compel service providers to preserve traffic/content data for limited periods. Early reporting helps investigators issue preservation requests before data is purged.

5) Where and How to File a Complaint

You can pursue multiple tracks simultaneously: (A) criminal complaint, (B) civil damages and protective writs, (C) administrative remedies (schools/workplaces), and (D) platform takedowns.

A. Criminal complaint (national)

Primary agencies:

PNP Anti-Cybercrime Group (ACG) – accepts walk-ins and online reports; conducts digital forensics, applies for cyber warrants.
NBI Cybercrime Division – similar functions; may be preferred for complex cases.
Department of Justice (DOJ) – Office of Cybercrime – policy, mutual legal assistance, coordination.

What to bring:

Government ID(s).
Sworn Complaint-Affidavit detailing facts chronologically (who, what, when, where, how), with elements of the offense matched to facts.
Annexes: Screenshots, URLs, logs, chat exports, list of witnesses, proof of harm (medical/psych records for distress, expenses, employment/school records).
Contact information of the offender (if known) and your own (for subpoenas/clarifications).

Filing flow (typical):

Initial intake at PNP-ACG/NBI Cybercrime: case assessment, evidence review, drafting of Preservation/Disclosure requests to platforms/ISPs if warranted.
Inquest or regular preliminary investigation at the Office of the City/Provincial Prosecutor with jurisdiction/venue. You (or counsel) file the Complaint-Affidavit with annexes.
Subpoena and counter-affidavits: The respondent files a counter; you may file a reply.
Resolution: Prosecutor issues a resolution; if probable cause is found, Information is filed in court.
Trial: Pre-trial, presentation of witnesses (including digital forensic examiners), and judgment.

Cybercrime Warrants (Rule on Cybercrime Warrants, A.M. No. 17-11-03-SC):

Warrant to Disclose Computer Data (WDCD) – forces platforms/ISPs to disclose subscriber info, traffic, content (as allowed).
Warrant to Search, Seize, and Examine Computer Data (WSSECD) – for onsite/device seizures and imaging.
Warrant to Intercept Computer Data (WICD) – for lawful real-time collection. Only law enforcement/prosecutors apply; courts issue upon probable cause.

B. Civil remedies

Civil damages under the Civil Code (moral, exemplary, actual damages).
Independent civil action may proceed separately from criminal, depending on the claims.
Writ of Habeas Data to compel deletion/rectification of unlawfully obtained personal data or to enjoin intrusive processing.
Protection Orders under RA 9262 (if applicable).

C. Administrative remedies

Schools (RA 10627; RA 11313): File a complaint with the school’s anti-bullying/discipline or gender-based harassment committee. Schools must investigate, protect victims, and sanction offenders.
Workplaces (RA 11313): Employers must have anti-sexual harassment policies covering online conduct; victims may file internal complaints leading to administrative sanctions, apart from criminal/civil action.

D. Platform takedowns and reporting

Report abusive posts, impersonation, intimate image sharing, and threats through in-app reporting tools.
Non-consensual intimate imagery (NCII): Many platforms have expedited channels for removal and hashing to prevent re-uploads.
Keep ticket numbers and platform emails as evidence.

6) Drafting the Complaint-Affidavit (Practical Template)

Title: Complaint-Affidavit for Violation of RA 10175 (Cyber Libel; Grave Threats) and RA 11313 (Gender-Based Online Sexual Harassment), with Damages Complainant: [Name, age, address, contact] Respondent(s): [Known username/real name, links, identifiers; “John/Jane Doe” if unknown] Facts:

On [Date, Time, Timezone], respondent posted [describe content/words/actions] at [URL] viewable by [public/friends/group].

The post imputed [specific defamatory imputation] which is false. Attached as Annex “A” are screenshots with URLs and timestamps.

Respondent further [sent threats/sexualized messages/impersonated me/shared my images] on [platform] (Annexes “B”–“C”).

I suffered [anxiety, reputational damage, school/work impact], evidenced by [medical/HR/academic record] (Annex “D”). Elements and Law:

Cyber libel elements met because [publication, identifiable person, defamatory imputation, malice] via ICT (RA 10175 Sec. 4(c)(4)).

[Grave threats/grave coercion] committed via ICT; penalty increased under Sec. 6, RA 10175.

[If applicable] Gender-based online sexual harassment (RA 11313) because [conduct] was unwanted and sexual in nature, causing intimidation/hostility. Prayer:

Issue subpoenas and apply for WDCD/WSSECD to obtain subscriber and content/logs.

File the appropriate Information(s).

Award [moral, exemplary, actual] damages and attorney’s fees. Verification and Jurat:

Sworn before [Prosecutor/Notary] on [Date] in [City].

7) Strategy: Choosing the Right Charge(s)

Cyber libel is appropriate when statements are defamatory and published, but for private chats, look to grave threats, grave coercion, unjust vexation, RA 11313, or privacy/data offenses instead.
Doxxing often fits Data Privacy Act (unauthorized processing/disclosure) and, if sexualized or gender-based, also RA 11313.
Impersonation and account takeovers point to identity theft and illegal access under RA 10175.
Non-consensual intimate images: prioritize RA 9995; if the victim is a minor, RA 11930 with stronger remedies (including blocking/takedown).
Minors involved (bullying): pursue school-based sanctions under RA 10627, alongside criminal/civil actions where appropriate.

8) Special Procedural Considerations

Barangay conciliation is generally not required for offenses punishable by imprisonment exceeding one year or when immediate relief is needed (e.g., threats). For libel, although the penalty is lower, practice varies; many proceed directly to the prosecutor due to the nature of the offense and the need to preserve evidence.
Anonymity/Pseudonyms: Courts may allow protective measures (e.g., initials) in sensitive cases (minors/sexual content).
Takedown vs. Evidence: Before asking a platform to delete or block content, capture complete evidence. You can request geoblocking or access restriction while preserving back-end data for law enforcement.
Mental health and safety: If threats are credible, seek immediate police assistance and consider temporary protection orders (especially under RA 9262). Document medical/psychological consultations for damages.

9) Remedies Timeline (Typical)

Day 0–7: Evidence capture; initial report to platform; intake at PNP-ACG/NBI; request for data preservation.
Week 2–6: Filing of Complaint-Affidavit; issuance of subpoena to respondent; counter-affidavits; prosecutor evaluation.
Month 2–4: Prosecutor’s resolution; filing of Information; arraignment.
Thereafter: Pre-trial, trial, and judgment. Parallel civil and administrative actions proceed on their own tracks.

(Timelines vary by case complexity, court/prosecutor workload, availability of digital evidence, and international requests.)

10) Practical Checklists

Evidence checklist

Full-page screenshots with URLs and timestamps
Direct links to posts/comments/profiles
Chat exports/email headers
Device preservation (no resets)
Witness statements and their screenshots
Medical/HR/school records (harm)
Platform tickets and responses
List of suspected accounts/handles/SIMs

Filing packet

Valid ID(s)
Complaint-Affidavit (printed and digital)
Annexes labeled and paginated
USB/drive with original files (if requested)
Contact details & preferred notice address

Safety & well-being

Change passwords; enable MFA on all accounts
Review privacy settings on platforms
Consider name/face search for reposts and set alerts
Notify trusted contacts; arrange support
For minors: inform the school; request immediate measures

11) Frequently Asked Questions

Q: I don’t know who’s behind the anonymous account. Can I still file? Yes. File against John/Jane Doe, describe the handle/URL, and request WDCD/WSSECD so authorities can compel platforms/ISPs to disclose subscriber and log data (subject to due process).

Q: The post was deleted. Is my case dead? Not necessarily. Early screenshots help; law enforcement can still seek data preserved by providers. Move quickly.

Q: Is “free speech” a defense? Truthful statements on matters of public interest and fair commentaries may be protected. But false facts, malicious imputations, threats, sexual harassment, privacy violations, and NCII are not protected.

Q: Can I sue for damages even without a criminal case? Yes. You may file a civil action for damages under the Civil Code, and seek a Writ of Habeas Data for privacy intrusions.

Q: How fast should I act for cyber libel? Within one year from publication. Don’t delay; preservation windows for digital data are short.

12) Smart Tips to Strengthen Your Case

Map elements to facts in your affidavit. Prosecutors appreciate a short table: Element → Fact/Annex.
Collect context, not just the offending line—threads before and after, prior interactions, blocking attempts, and any extortion demands.
Avoid engaging the harasser publicly after preservation; further replies can complicate issues (and cause more harm).
Coordinate with school/workplace administrators when minors or colleagues are involved; administrative records bolster criminal/civil cases.
Consider counsel early for strategy, venue, and multi-statute pleadings.

13) Quick Directory (what to look for locally)

PNP Anti-Cybercrime Group (ACG) – Regional Field Units in every police regional office.
NBI Cybercrime Division – Accepts walk-in complaints and referrals.
City/Provincial Prosecutor’s Office – For filing criminal complaints.
Barangay (for immediate assistance/records) – Especially for safety concerns and documentation (not always a prerequisite).
School/Workplace committees – For administrative complaints under RA 10627/RA 11313.
National Privacy Commission – For Data Privacy Act complaints (administrative).
DOJ Office of Cybercrime – For complex cross-border cases.

(Contact details and office hours vary by locality. Check the latest official pages or call ahead.)

14) Final Word

The Philippine legal system does provide robust routes—criminal, civil, administrative, and platform-based—to respond to cyberbullying and online harassment. Your success often turns on speedy evidence preservation, a clear affidavit, and selecting the right legal hooks (cyber libel; threats/coercion; RA 11313; RA 9995; DPA; RA 11930; etc.). When in doubt, consult counsel to calibrate charges, venue, and remedies—and move swiftly, especially where prescriptive periods are short and data disappears fast.