Where to File Cyber Libel Complaints in the Philippines

(Everything you need to know about venue, the right office/court, and practical steps—Philippine context. Not legal advice.)

Quick answer (at a glance)

Start the case by filing a complaint-affidavit with the Office of the City/Provincial Prosecutor that has proper venue for libel (special venue rules apply—see below).
You may also report/investigate through PNP Anti-Cybercrime Group or NBI Cybercrime Division, but the criminal case still proceeds through the prosecutor.
After preliminary investigation, if probable cause is found, the Information is filed in the Regional Trial Court (RTC) with proper libel venue; many RTCs are designated cybercrime courts.
For civil damages based on libel, you can:
- Join the civil action with the criminal case in the same court (common), or
- File separately (Article 33, Civil Code) in a court with jurisdiction over the amount and following the special libel venue or the general civil venue rules—strategy matters.

Legal framework you’re operating in

Cyber libel: Libel (Articles 353/355, Revised Penal Code) committed through ICT and covered by the Cybercrime Prevention Act (RA 10175).
Penalty: RA 10175 generally imposes the next higher degree of penalty for RPC crimes committed through ICT, which puts cyber libel within RTC jurisdiction.
Venue: Article 360 RPC prescribes special venue rules for libel and governs both criminal and civil actions for written defamation. These rules override the usual “where the crime was committed” rule in criminal procedure.

Who can file and where (the venue rules you must follow)

Under Article 360, venue depends on who the offended party is. Venue is jurisdictional in libel—get this wrong and the case can be dismissed. Allegations on venue must be specifically pleaded (e.g., actual residence at the time of publication).

A) If the offended party is a private individual

File in the RTC of either:

The province/city where the libelous content was printed and first published; for online posts, courts analogize “printed and first published” to the place tied to initial publication/posting (e.g., where the publisher/author operated) and/or demonstrable first availability in the Philippines, or
The province/city where the offended party actually resided at the time of publication (this is the most commonly used and most practical venue for online cases).

B) If the offended party is a public officer

If the officer holds office in Manila: RTC of Manila or where the content was printed/first published.
If the officer holds office outside Manila: RTC of the province/city where they hold office or where the content was printed/first published.

C) If the offended party is a juridical person (company/NGO)

Use the RTC of either:

The place of first publication, or
The entity’s principal office (treated as “residence” for venue purposes).

Practice tip: In online cases, don’t rely on bare assertions like “the post was accessible everywhere.” Attach facts showing actual residence at the time (ID, utility bill, lease, barangay cert) and, if invoking first publication, facts tying the author/publisher or platform operations to a specific locality (e.g., the author’s declared city, IP logs if available).

Three filing tracks (and how they interact)

1) Law enforcement intake/investigation (optional but helpful)

PNP Anti-Cybercrime Group or NBI Cybercrime Division can take your report, preserve evidence, conduct forensics, and help prepare a complaint-affidavit.
This is not the formal start of a criminal case in court; it supports the prosecutor’s preliminary investigation.

2) Prosecutor (mandatory to commence criminal action)

File your complaint-affidavit with the Office of the City/Provincial Prosecutor that corresponds to the proper libel venue above (e.g., where you actually resided at the time).
The prosecutor issues subpoenas and conducts preliminary investigation. If probable cause is found, the prosecutor files an Information in the proper RTC.

3) Court (trial court)

The Information is filed in the RTC with proper libel venue. Many RTC branches are designated as cybercrime courts; even if none is designated locally, the RTC still has jurisdiction.
Bail/arraignment, trial, and any interim relief (e.g., suppression of evidence issues) proceed here.

Civil actions for damages: where to file

You have two routes:

Impliedly instituted with the criminal case: The civil action is deemed filed in the same RTC when the criminal Information is filed, unless you waive or reserve the civil action. This follows the special libel venue and is procedurally straightforward.
Separate and independent civil action under Article 33, Civil Code (defamation is covered):
- Venue: You can follow Article 360’s special venue for written defamation, or the general civil venue rules (Rule 4) for personal actions (where either party resides).
- Court level depends on the amount claimed (exclusive of interests/costs/attorney’s fees). As thresholds change over time, check current jurisdictional amounts; as a rule of thumb, higher claims → RTC.

Strategy note: Joining the civil action with the criminal case simplifies venue and avoids parallel proceedings; a separate Article 33 suit can be faster or tailored but requires careful venue and jurisdiction analysis.

Time limits (prescription) you must watch

Libel has a special one-year prescriptive period under Article 90 RPC, traditionally counted from publication (not discovery).
Cyber libel has been debated because RA 10175 raises the penalty; however, courts have continued to treat cyber libel as libel for many procedural purposes, and practitioners generally treat one year from publication as the safe working rule.
Bottom line: File quickly—within one (1) year from the online publication date to avoid prescription issues. (Because jurisprudence evolves, consult counsel for any newer rulings before filing.)

Barangay conciliation (is it required?)

No. Cyber libel is exempt from barangay conciliation under the Katarungang Pambarangay Law because:

It carries a penalty beyond one year, and
Parties often reside in different cities/municipalities (another exemption). You can file directly with the prosecutor.

Evidence & preservation (what to bring and where it matters)

Whether filing with PNP/NBI or directly with the prosecutor, prepare:

Your complaint-affidavit (clear, chronological narration; specify venue facts—your actual residence at the time).
Annexes:
- Full-page screenshots of the post/page with URL, date/time stamps, and if possible page source (HTML) saved as a file.
- Links and permalinks; if the content moved, include hashes or archived copies if you have them.
- Authorship proof (username-to-person link, admissions, prior posts, WHOIS, messages).
- Device forensics (if you received defamatory DMs/emails): export headers, preserve original files.
- Witness affidavits, and proof of damages (medical/psych evaluation for moral damages, affidavits on reputational harm, business loss records).
- Proof of your residence at the time (IDs, barangay certificate, lease, utility bill)—crucial for venue.
Do not alter/delete original files; keep original devices intact when possible.
If you need urgent help to preserve platform data, report to PNP/NBI so they can issue preservation requests to service providers.

Special issues in online venue (what courts look for)

Actual residence is time-bound: it must be where you actually lived at the time of publication (not where you later moved).
“Printed and first published” online: courts look for tangible ties—e.g., where the author posted from, where the publisher/company is located, or credible evidence of first availability in PH.
Multiple posts/reposts/comments: Identify the specific post(s) you’re suing on. Reposts may count as separate publications only with new publication acts by the accused; shares by strangers generally don’t fix venue unless you charge them as accused and can tie their acts to a locality.
Public officers: Venue ties to where they hold office (or Manila) or first publication—be precise in the Information/complaint.

Which precise office should you walk into?

Criminal route (mandatory):
- Office of the City Prosecutor (if filing in a city) or the Provincial Prosecutor (if filing in a province) that corresponds to the proper libel venue above.
- Bring ID, complaint-affidavit, and annexes (USB + printed copies).
Investigative support (optional but recommended):
- PNP Anti-Cybercrime Group – any regional field unit can take your complaint and coordinate forensics.
- NBI Cybercrime Division – accepts walk-ins and referrals for e-evidence handling.
Trial court (after PI):
- The RTC in the same venue where the prosecutor will file the Information (ideally a designated cybercrime court).

Remedies beyond prosecution (where to file them)

Independent civil action for damages (Article 33): RTC or first-level court depending on amount, following special libel venue or general civil venue for personal actions.
Writ of Habeas Data (to rectify or destroy erroneous personal data): File in the RTC where you or the respondent reside, or where the data is stored/processed.
Injunctions/takedowns: Prior restraint concerns make pre-publication gags difficult; courts may still entertain injunctive relief against continued unlawful republication in certain circumstances—file in the RTC with proper venue and be prepared to post bond.
Protection/anti-harassment: If the conduct overlaps with threats/stalking, explore other offenses (e.g., grave threats, unjust vexation, VAWC, Safe Spaces Act) in the proper prosecutor’s office.

Step-by-step filing checklist

Decide venue under Article 360 (often your actual residence at the time).
Draft complaint-affidavit: narrate facts; attach screenshots with URLs/time stamps; plead venue facts explicitly.
(Optional) See PNP/NBI for forensic preservation and to strengthen evidence.
File with the proper prosecutor (city/province). Ask for the docket number.
Attend preliminary investigation (submit counter-affidavit/reply sur-rebuttal cycles as required).
If an Information is filed, monitor the RTC docket; coordinate on bail/arraignment and trial.
Civil damages: either pursue within the criminal case or file separately (mind venue and jurisdictional amount).
Mind prescription: aim to file well within 1 year from online publication.

Common pitfalls (and how to avoid them)

Wrong venue: Always plead and prove your actual residence at the time or facts of first publication.
Vague screenshots: Use full-page captures showing date/time and URL; include native files/headers where applicable.
Late filing: Track the publication date; don’t assume “discovery” rules.
Naming the wrong party: Identify the original author and anyone with editorial control you can prove; intermediaries/platforms are generally not criminally liable as mere conduits.
Skipping the prosecutor: You cannot start a criminal libel case by filing directly in court; go through the prosecutor (unless an inquest after a lawful warrantless arrest, which is rare for libel).

FAQs

Q: Can I file where I live now if I moved after the post? A: No. For libel venue, it must be where you actually resided at the time of publication, not where you later moved.

Q: The poster is abroad. Where do I file? A: You can still file in the proper PH venue (e.g., your actual residence at the time). Extraterritorial provisions and mutual legal assistance may be invoked later for investigation/service—but filing starts at home.

Q: Can I go straight to the RTC to get a takedown order? A: You may apply for injunctive relief in a civil action, but courts are cautious due to free speech and prior restraint doctrines. Most cases start with the prosecutor and pursue damages later.

Final notes

You asked not to use web search, so this guide is based on stable, well-known rules up to my latest update. Procedural designations (e.g., which RTC branches are cybercrime courts and current fee/jurisdictional amounts) can change. A quick check with the local prosecutor’s office or counsel will confirm the latest local assignments and amounts.
If you want, I can also draft a complaint-affidavit template tailored to your facts and venue.