SMS (text message) harassment remains one of the most common forms of technology-facilitated abuse in the Philippines. Repeated unwanted messages, threats, sexual advances, insults, stalking, or spam that cause fear, alarm, or emotional distress are all punishable under multiple overlapping laws. Victims have criminal, civil, and administrative remedies available, and in many cases can obtain immediate protection orders.
This article exhaustively covers every legal remedy currently available as of December 2025, the specific offenses that apply to SMS harassment, procedural requirements, penalties, and practical steps victims should take.
1. Criminal Offenses Applicable to SMS Harassment
A. Revised Penal Code (Act No. 3815, as amended)
Unjust Vexation (Article 287, par. 2)
The most frequently used provision for pure harassment via SMS.
Elements: Any act that annoys, irritates, vexes, or causes emotional disturbance without justifiable reason.
Penalty: Arresto menor (1–30 days imprisonment) or fine not exceeding P40,000.
Commonly applied when the sender bombards the victim with repeated messages even after being told to stop.Light Threats (Article 283)
When the message threatens a wrong not constituting a crime (e.g., “I will spread rumors about you” or “I will shame you online”).
Penalty: Arresto menor or fine not exceeding P40,000.Grave Threats (Article 282)
When the message threatens to kill, inflict serious physical injury, burn property, etc.
Penalty: Prision correccional (6 months and 1 day to 6 years) up to reclusion temporal if the threat is conditional and the offender attains his purpose.Light Coercion (Article 287, par. 1)
When the sender forces the victim to do or not do something against their will through intimidation via SMS (e.g., “Send me money or I will post your photos”).
B. Republic Act No. 10175 (Cybercrime Prevention Act of 2012)
Cyberlibel (Section 4(c)(4) in relation to Article 355, Revised Penal Code)
Any defamatory SMS published with malice. Penalty is one degree higher than ordinary libel: prision mayor (6 years and 1 day to 12 years).
Each harassing text message containing false imputations can be a separate count.Computer-related offenses
If the harasser uses the victim’s phone number to create fake accounts or impersonate, it may fall under computer-related identity theft (Section 4(b)(3)).
C. Republic Act No. 9262 (Anti-Violence Against Women and Their Children Act of 2004)
SMS harassment committed against a woman (or her child) with whom the offender has or had a sexual or dating relationship, or even a common child, constitutes psychological violence (Section 5(i)).
Examples: repeated insulting texts, threats to release private photos, stalking via SMS, controlling behavior (“Where are you? Answer me now or else”).
Penalty: Prision mayor (6 years and 1 day to 12 years).
Most powerful remedy: victim can obtain a Barangay Protection Order (BPO) within 24 hours, Temporary Protection Order (TPO) within 72 hours, and Permanent Protection Order (PPO) valid for the duration of the case or permanently.
D. Republic Act No. 11313 (Safe Spaces Act or “Bawal Bastos Law”)
Explicitly covers gender-based online sexual harassment (Section 11).
Acts punished:
- Unwanted sexual messages, advances, or requests
- Sending lewd photos or videos
- Persistent telling of sexual jokes after being asked to stop
- Catcalling or wolf-whistling via text
- Misogynistic, transphobic, homophobic, sexist slurs
Penalty:
- 1st offense: Fine of P100,000–P300,000 or imprisonment of 6 months and 1 day to 6 years
- 2nd and subsequent offenses: Higher fines and longer imprisonment
Protection orders are also available under this law (Section 22).
E. Republic Act No. 11934 (SIM Card Registration Act of 2022)
All SIM cards must now be registered with full name, address, and ID.
Consequence: Anonymous harassment is drastically reduced. Law enforcement can now compel telcos to disclose the identity of the registered owner of the harassing number within hours via court order or even subpoena from the prosecutor.
Violation of the Act itself (e.g., selling pre-registered SIMs used for harassment) is punishable by up to 6 years imprisonment and fines up to P300,000.
2. Civil Remedies
Victims may file an independent civil action or reserve it in the criminal case:
Moral damages – for mental anguish, fright, serious anxiety (Article 2219, Civil Code)
Awards commonly range from P50,000 to P500,000 depending on the severity and duration of harassment.Exemplary damages – to set an example (usually P50,000–P200,000).
Attorney’s fees and litigation expenses.
Injunction – court order directing the harasser to permanently stop contacting the victim.
3. Immediate Protection Orders Available
| Law | Type of Order | Issuing Authority | Duration | Time to Obtain |
|---|---|---|---|---|
| RA 9262 | Barangay Protection Order | Punong Barangay | 15 days | Within 24 hours |
| RA 9262 | Temporary Protection Order | Family Court | 30 days | Within 72 hours |
| RA 9262 | Permanent Protection Order | Family Court | Permanent or until lifted | After trial |
| RA 11313 | Protection Order | Any RTC or MTC | As court deems necessary | Expedited hearing |
Protection orders can include:
- Prohibition from sending messages or calling
- Prohibition from coming within 500 meters of the victim
- Referral to social worker or counseling
- Payment of support (if applicable)
Violation of a protection order is punishable by imprisonment of 30 days to 6 years under both RA 9262 and RA 11313.
4. Where and How to File Complaints
Barangay Level (for unjust vexation, light offenses, or to obtain BPO under RA 9262)
Go to the barangay hall of either the victim or the harasser. Free. Fast mediation possible.Philippine National Police (PNP)
- Nearest police station (file blotter)
- PNP Women and Children Protection Center (WCPC)
- PNP Anti-Cybercrime Group (ACG) – highly recommended for SMS harassment cases because they can immediately request subscriber information from telcos.
National Bureau of Investigation (NBI) Cybercrime Division
Especially effective when the harasser uses multiple numbers or spoofing.City/Provincial Prosecutor’s Office
File formal complaint-affidavit for preliminary investigation (required for all crimes except those cognizable by barangay).Court
- Family Court (for RA 9262 cases)
- Regular RTC/MTC (for Safe Spaces Act, unjust vexation, threats, cyberlibel)
Required evidence for strong cases:
- Screenshots of messages with time/date visible
- Phone showing the sender’s number
- Call/text logs from telco (can be requested via subpoena later)
- Witness statements
- Medical certificate if victim suffered anxiety attacks or depression
5. Administrative Remedies
Report to telecommunications company
Globe, Smart, DITO, Sun – all have 24/7 hotlines and online reporting forms for harassment. They can block the number from contacting you and, under the SIM Registration Act, can deactivate the harassing SIM entirely if found violating their terms.National Telecommunications Commission (NTC)
File complaint for violation of Memorandum Circulars on unsolicited messages and harassment. NTC can impose fines up to P1,000,000 per violation and order permanent disconnection.National Privacy Commission (NPC)
If the harasser obtained your number without consent or is using your personal data maliciously, file a privacy complaint (possible fine up to P5,000,000).
6. Practical Steps Every Victim Should Take Immediately
- Do not reply to the harasser (even to say “stop”) if possible – it confirms your number is active.
- Screenshot everything. Use another phone to take photos of your screen so metadata is preserved.
- Block the number.
- Report to your telco immediately.
- Go to the barangay for BPO (especially if female victim).
- File police blotter the same day or next day.
- Consult PNP-ACG or NBI Cybercrime Division – they move fastest.
- If threats are serious, request police escort or temporary relocation assistance from DSWD.
7. Special Situations
- Workplace-related harassment: also file with DOLE or company HR under RA 7877 (Anti-Sexual Harassment Act).
- Minors as victims: automatically falls under RA 9262 and RA 7610 (Child Abuse Law); penalties increased by one degree.
- LGBTQ+ victims: Safe Spaces Act explicitly protects against homophobic and transphobic slurs.
- Ex-partner harassment: almost always qualifies under RA 9262 even without marriage.
Conclusion
SMS harassment is never “just a text.” Philippine law treats it seriously under multiple statutes, with penalties ranging from fines and short detention to long-term imprisonment and permanent protection orders. With mandatory SIM registration since 2022, identification and prosecution have become significantly easier and faster.
Victims should act immediately: document, report to telco and barangay on day one, then proceed to PNP-ACG or NBI. The combination of criminal prosecution, civil damages, and protection orders provides comprehensive relief. No one has to endure repeated harassment in silence – the law provides powerful, accessible remedies.