Penalties for Harassment and Threat Cases Under Philippine Law

This article provides a comprehensive, practitioner-oriented overview of Philippine criminal and administrative penalties for harassment and threats. It is informational, not a substitute for legal advice.

I. Core Concepts

Harassment in Philippine law is not a single offense but a family of punishable acts that cause intimidation, annoyance, coercion, humiliation, sexual misconduct, or mental/psychological harm. Liability may arise under the Revised Penal Code (RPC) and several special laws (e.g., gender-based sexual harassment, anti-violence against women and their children, cybercrime). Threats are separately penalized under the RPC and may also be prosecutable under special laws when directed at protected persons (e.g., women and children) or committed through information and communications technologies (ICT).

II. Penalty Units: How “time” maps to law

Criminal penalties in the Philippines are expressed in periods (indivisible or divisible). Knowing these helps translate the statutory text:

Arresto menor: 1–30 days
Arresto mayor: 1 month and 1 day – 6 months
Prisión correccional: 6 months and 1 day – 6 years
Prisión mayor: 6 years and 1 day – 12 years
Reclusión temporal: 12 years and 1 day – 20 years
Reclusión perpetua: an indivisible penalty (with statutory implications on service and eligibility for parole)

Fines under the RPC and many special laws were updated by statute in recent years; always check the current text of the specific law and the latest jurisprudence when exact peso amounts matter.

III. Revised Penal Code (RPC) Offenses Commonly Charged as “Harassment”

1) Unjust Vexation (Art. 287, ¶2)

Conduct: Any act that annoys, irritates, humiliates, or causes embarrassment without lawful justification, short of another defined offense. Frequently used for non-sexual harassment and low-level bullying.
Penalty: Typically arresto menor or a fine (exact range depends on the latest statutory adjustment).
Notes: Requires proof of willful annoyance; context and community standards matter. Often amenable to barangay conciliation if parties reside in the same city/municipality and no exception applies.

2) Grave Coercion (Art. 286)

Conduct: Preventing another from doing something not prohibited by law, or compelling a person to do something against their will, by violence, threats, or intimidation.
Penalty: Prisión correccional and possible accessory penalties.
Notes: Used when “harassment” escalates into forcing or stopping conduct (e.g., coercing someone to resign, surrender property, or submit to unwanted acts).

3) Alarms and Scandals (Art. 155) & Unlawful Use of Means of Publication (Art. 154)

Conduct: Acts that disturb public order (e.g., tumultuous behavior) or publications causing panic or public disorder.
Penalty: Arresto menor to arresto mayor and/or fines.
Notes: Sometimes charged when public “harassment” turns into alarming conduct in public or online spaces (paired with cyber provisions if via ICT).

IV. RPC Threat Offenses

1) Grave Threats (Art. 282)

Conduct: Threatening another with a wrong amounting to a crime.
Penalty structure:
- If the threat is with a condition (e.g., “Pay or I’ll burn your house”) and the offender attains the purpose: the penalty next lower in degree than that prescribed for the crime threatened.
- If not attained: two degrees lower than the penalty for the crime threatened.
- If without condition: arresto mayor and a fine (range per current statute).
Notes: The severity depends on the serious crime threatened (e.g., threat to kill vs. threat to damage property).

2) Light Threats (Art. 283)

Conduct: Threatening another with a wrong not amounting to a crime (e.g., acts that are unlawful but not criminal, or otherwise wrongful).
Penalty: Arresto menor and a fine (per current statute).

3) Other Light Threats (Art. 285)

Conduct: (a) Threatening another with a weapon without intent to use it; (b) Orally threatening in the heat of anger (not a grave threat); (c) Subjecting another to any other threat not falling under Arts. 282–283.
Penalty: Arresto menor and/or fine (per current statute).
Notes: Context matters—“heat of anger” mitigation distinguishes it from grave threats.

V. Sexual Harassment & Gender-Based Harassment

A. Anti-Sexual Harassment Act of 1995 (RA 7877)

Scope: Work, education, or training environment where the harasser has authority, influence, or moral ascendancy over the victim.
Acts: Demand/requirement for sexual favors as a condition for employment, grades, promotions, or creating a hostile environment through sexual advances.
Penalties: Criminal: short-term imprisonment (measured in months) and/or fines; Administrative: sanctions under agency/DepEd/CHED/PRC/CSC rules (suspension, dismissal).
Employer duties: Adopt a code of conduct and grievance mechanisms, conduct education campaigns, and act on complaints; failure may result in administrative liability.

B. Safe Spaces Act (RA 11313) – “Bawal Bastos Law”

Scope: Public spaces, online spaces, workplaces, and educational institutions.
Acts: Catcalling, wolf-whistling, unwanted invitations, persistent unwanted comments on appearance, stalking, upskirting, sexual advances, or any gender-based public sexual harassment; online: gender-based cyber harassment, including unwanted sexual remarks, threats, and nonconsensual sharing of sexual content.
Penalties:
- Graduated fines and imprisonment tiers depending on gravity and repetition (from community service and short jail terms for first offenses to higher fines and longer jail terms for aggravated/repeat offenses).
- Workplace/Education: Employers and school heads must adopt policies, investigate, and sanction; non-compliance may incur administrative fines and liability.
Protection: Confidentiality of complainant, mandatory awareness signages, local ordinance enforcement, and coordination with PNP and LGUs.

VI. Violence Against Women and Their Children (VAWC)

Republic Act No. 9262 penalizes physical, sexual, psychological, and economic abuse by a spouse, ex-spouse, partner, or person with whom the woman has a child or dating relationship.

Harassment & Threats as Psychological Violence: Repeated threats, stalking, intimidation, public humiliation, or causing mental/emotional anguish qualify as psychological violence.
Penalties: Often prisión mayor for specified acts, with accessory penalties; higher if offenses are qualified (e.g., committed in the presence of a child, with a weapon, or causing significant psychological harm).
Orders of Protection:
- Barangay Protection Order (BPO) against threats of physical harm—issuable the same day by the Punong Barangay.
- Temporary (TPO) and Permanent Protection Orders (PPO) from courts, which can include stay-away clauses, custody, support, and firearm surrender.
Custody, support, and damages may be awarded in related civil actions.

VII. Children as Victims

Multiple laws raise penalties or create qualified forms when victims are minors:

Special Protection of Children Against Abuse, Exploitation and Discrimination Act (RA 7610): Harassment and threats that constitute child abuse (physical, psychological, sexual) carry higher penalties, often prisión mayor to reclusión temporal, depending on gravity, with civil indemnity and moral damages.
Anti-Photo and Video Voyeurism (RA 9995) & related statutes: If minors are involved, penalties escalate and may overlap with anti-child pornography laws.
School setting: The Anti-Bullying Act (RA 10627) mandates school policies, disciplinary measures, and interventions. Criminal liability still depends on the specific penal statutes violated.

VIII. Online/Cyber Dimensions

Cybercrime Prevention (RA 10175)

Section 6 – Penalty One Degree Higher: If an RPC or special-law offense (e.g., threats, coercion, unjust vexation equivalents, gender-based harassment) is committed through ICT (e.g., social media, messaging apps), the penalty is imposed one degree higher than that provided by the underlying law.
Other cyber offenses: Cyber libel, illegal access, data interference, etc., may co-exist with harassment/threat charges depending on conduct.
Venue & Jurisdiction: Specialized DOJ-NBI-PNP cyber units; electronic evidence rules govern authentication (screenshots, metadata, device forensics).

IX. Ancillary and Overlapping Laws

Anti-Photo and Video Voyeurism (RA 9995): Criminalizes recording/ sharing of sexual images without consent; imprisonment and fines, higher if distributed online and/or victim is a minor.
Anti-Wiretapping (RA 4200): Unauthorized recording of private communications; can intersect with harassment cases.
Data Privacy Act (RA 10173): Unauthorized processing or disclosure of personal data used to harass or threaten can trigger administrative and criminal liability (fines and imprisonment) when statutory elements are present.
Workplace rules (DOLE/CSC) & Codes of Conduct: Administrative penalties (warning to dismissal) independent of criminal cases.

X. Civil Liability and Damages

A criminal conviction typically entails civil liability (actual, moral, exemplary damages; attorney’s fees). Even absent criminal conviction, independent civil actions (e.g., for tortious harassment, intimidation, or invasion of privacy) may prosper under the Civil Code’s provisions on human relations and quasi-delicts, given adequate proof.

XI. Enforcement Pathways & Procedure

Barangay Justice (Katarungang Pambarangay): Many minor offenses (e.g., unjust vexation, some threats) require prior barangay conciliation if parties live in the same city/municipality and no exception applies (e.g., VAWC cases are exempt).
Protective Measures:
- VAWC: BPO/TPO/PPO with immediate, enforceable stay-away and no-contact terms.
- Work/Education: Interim measures by employers or school heads (no-contact directives, schedule changes, escorts, counseling).
Evidence: Preserve screenshots, URLs, message headers, call logs, CCTV, and witness statements. Comply with the Rules on Electronic Evidence (authenticity, integrity, chain of custody).

XII. Aggravating/Mitigating Considerations

Penalties may increase when:

Offender abuses public position, moral ascendancy, or superior strength;
Acts are committed in the presence of a child, with a deadly weapon, at night/in band, or in a dwelling;
Victim is a minor, pregnant, or particularly vulnerable;
Offense is repeated or part of a pattern.

They may decrease with mitigating circumstances (e.g., voluntary surrender, plea of guilty, lack of intent to injure in heat-of-passion scenarios for certain threats).

XIII. Sentencing Practicalities

Indeterminate Sentence Law applies to many offenses (a minimum within the penalty next lower degree and a maximum within the proper penalty).
Probation may be available for sentences not exceeding the statutory limits, unless the offense is among those excluded.
Accessory penalties attach to principal penalties (e.g., suspension, civil interdiction).
Time-bar (Prescription): Crimes and penalties prescribe based on the maximum penalty; special laws follow their own or default rules.

XIV. Employer, School, and Platform Duties

Employers: Must prevent, deter, and punish workplace sexual and gender-based harassment; adopt policies, designate officers, conduct training, provide safe reporting channels, and act promptly. Failure can trigger administrative fines and civil liability.
Schools: Mandatory anti-harassment and anti-bullying policies, confidential reporting, discipline matrices, and referral to authorities.
Online platforms/venues: While criminal liability attaches to individuals, platform cooperation (data preservation, take-downs upon lawful orders) is increasingly demanded in practice.

XV. Quick Reference: Typical Penalty Bands (Illustrative)

Offense	Typical Penalty Band (imprisonment)	Notes
Unjust vexation (RPC 287)	Arresto menor (1–30 days) or fine	Catch-all for non-sexual harassment
Grave coercion (RPC 286)	Prisión correccional (6 mo. 1 day–6 yrs)	Violence or intimidation to compel/forbid
Grave threats (RPC 282)	Varies by threatened crime; up to penalty next lower (if purpose attained)	Without condition: arresto mayor + fine
Light/other light threats (RPC 283–285)	Arresto menor and/or fine	Context (heat of anger, weapon display) matters
Sexual harassment (RA 7877)	Months of imprisonment and/or fines	Plus administrative sanctions
Gender-based sexual harassment (RA 11313)	Graduated fines + days to months of imprisonment	Higher for repeat/grave acts; includes online
VAWC psychological violence (RA 9262)	Often prisión mayor (6 yrs 1 day–12 yrs)	With protection orders; civil remedies
Cyber-commission (RA 10175 §6)	One degree higher than base penalty	Applies when offense is via ICT

Exact fine amounts and some ranges depend on the current text of each statute and any amendments; consult the latest issuance when pleading or negotiating penalties.

XVI. Practical Tips for Complainants & Respondents

Document everything: Dates, times, locations, witnesses, screenshots, audio/video (observe wiretap law) and medical/psychological reports.
Choose the right forum: Some matters require barangay conciliation first; VAWC and many sexual harassment cases do not.
Consider protection orders early in intimate-partner contexts.
Mind cyberaggravation: If conduct occurred online, penalties may increase one degree.
Parallel remedies: Criminal, civil, and administrative tracks can proceed independently (subject to rules on prejudicial questions).
For organizations: Adopt compliant policies, designate focal persons, train staff/students, post Safe Spaces signages, and keep incident logs.

XVII. Bottom Line

“Harassment” and “threats” in the Philippines map to several statutes with distinct elements and penalty ladders. Penalties range from days (arresto) to years (prisión mayor and beyond), higher when committed online, against protected persons, or with aggravating circumstances. Effective response turns on correct charge selection, evidence quality, and—where applicable—swift protection orders and institutional compliance.