Have you been stalked online? Feeling unsafe because someone is stalking or harassing you online is deeply distressing. You deserve clarity and confidence in your next steps. This article hopes to explain, in everyday language, your rights under Philippine law and guides you through a clear, practical process to protect yourself. And if ever you have questions, please feel free to contact me in the Contact page and I will do my best to reply to your message when I can.
Let’s start with understanding your rights under Philippine laws:
Several laws in the Philippines protect you from online harassment, stalking, and gender‑based violence. One, two or more laws may apply depending on the facts of the case. When you face harassment or stalking online, knowing the laws that protect you is critical. Here are the four main legal frameworks in the Philippines, explained with everyday examples:
1. Republic Act No. 10175 (Cybercrime Prevention Act of 2012)
This law tackles crimes committed using the internet or other digital means. It strengthens penalties for offenses already in the Revised Penal Code if they are committed online.
What it covers:
- Cyberstalking
- Cyber harassment
- Online libel
- Identity theft
- Hacking
Example:
Anna keeps receiving threatening emails from a stranger who says he is “watching her every move.” He even sends screenshots from her social media accounts to scare her. Under the Cybercrime Prevention Act, this is considered cyberstalking and cyber harassment, and Anna can file a complaint with the PNP Anti-Cybercrime Group or the NBI Cybercrime Division.
2. Republic Act No. 11313 (Safe Spaces Act or “Bawal Bastos Law”)
This is a newer law that expands protections against harassment to both public and online spaces. It penalises gender-based online harassment, which can include unwanted sexual remarks, lewd messages, stalking, threats, or spreading someone’s private photos without consent.
What it covers:
- Sending unwanted sexual messages or comments online
- Creating fake accounts to stalk or embarrass someone
- Sharing photos or videos meant to shame a person sexually
Example:
Maria receives daily messages from a man she does not know, asking for sexual favors and sending explicit photos. Despite blocking him, he creates new accounts and continues harassing her. This behavior is punishable under the Safe Spaces Act because it is gender-based online sexual harassment.
3. Revised Penal Code (RPC) Provisions
Even before the rise of social media, the RPC already penalised offenses like threats, libel, and unjust vexation. With the Cybercrime Prevention Act, the penalties for these crimes become heavier when committed online.
What it covers:
- Grave threats (threatening to harm someone)
- Unjust vexation (acts that annoy or humiliate without justification)
- Libel (false and malicious statements that damage a person’s reputation)
Example:
Carlo posts on Facebook that his co-worker is “a thief who steals office funds,” even though it is untrue. This is libel under the RPC, and because it was done online, the penalties are stiffer under RA 10175. If instead he kept sending dozens of meaningless, annoying messages just to irritate his co-worker, that could qualify as unjust vexation.
4. Republic Act No. 9262 (Anti-Violence Against Women and Their Children Act)
This law is specific to cases where the harasser is a current partner, ex-partner, spouse, or someone with whom the victim has or had a romantic or sexual relationship. It recognises that psychological and emotional abuse, including online harassment, is a form of violence.
What it covers:
- Harassment or threats by a partner or ex-partner online
- Controlling behavior through monitoring digital activity
- Using social media to humiliate or intimidate a woman or her children
Example:
Liza’s ex-boyfriend repeatedly sends her messages threatening to post their private photos if she does not get back together with him. He also keeps commenting on her posts to shame her in front of friends. This falls under psychological violence covered by RA 9262, and Liza may request a Barangay or Court-issued Protection Order to stop him from contacting her.
Step-by-Step Guide: What You Should Do
Step 1. Gather and Preserve Evidence
- Screenshot everything: messages, posts, comments, emails or DMs with visible usernames, dates, and times.
- Save entire conversations, not just snippets—use download features or cloud backups.
- Record URLs of public posts and use archiving tools if needed.
- Collect witness statements if someone else has seen the harassment.
- Preserve evidence safely. Do not edit screenshots. Keep multiple backups.
Step 2.Strengthen Your Digital Security
- Block or mute the harasser on all platforms.
- Report abusive content to the social media platforms.
- Change passwords promptly and enable two‑factor authentication.
- Review your privacy settings rigorously.
Step 3. Decide Which Legal Path to Take
Ask yourself these questions:
- Is the harasser a current or ex‑partner? If yes, RA 9262 applies and you can seek a Barangay or Court‑issued protection order.
- Does the harassment include gender‑based sexual comments or threats? Safe Spaces Act may apply.
- Does it involve identity theft, hacking, or defamatory statements? Cybercrime Act and the Revised Penal Code may apply.
Step 4. Consult a Lawyer
A lawyer can:
- Advise you on the laws relevant to your situation.
- Help you draft a complaint‑affidavit (a sworn statement describing the harassment in your own words).
- Assist in organising your evidence (ready your valid ID, supporting evidence like printout of the screenshots, etc)
Step 5. File a Complaint with the Authorities
You have two primary options. You can also either file your complaint online or in person. Make sure you have the reference number or copy of your complaint for tracking:
- PNP–Anti‑Cybercrime Group (ACG). Ideal for localized or straightforward cases. This is under the PNP. If what you are encountering is an immediate threat and you need immediate police action, the ACG may be better at handling these types of cases. Here’s how to contact the ACG: https://acg.pnp.gov.ph/contact-us/ or PNP ACG: Call 723-0401 loc. 7491 or email acg@pnp.gov.ph. Another way is to message the PNP Hotline on: facebook.com/OfficialPNPHotline or text the complaint and send it to 09191601752 for smart users and 09178475757 for globe users. The complaint may be monitored using the reference number provided to you by the portal. Another way is through e-sumbong: https://e-sumbong.pnp.gov.ph/ (Note: The last time we were able to use these numbers above was in 2022, so please, if there is no response or if your would like to make sure the complaint process is being looked after on a timely manner, it is advised to go back to STEP 4. CONSULT YOUR LAWYER so you will be guided accordingly)
- NBI–Cybercrime Division. This is under the Department of Justice (DOJ). The NBI Cybercrime Division has specialized forensic capabilities and can connect with the INTERPOL. If what you have is a complex, transnational case, high profile, terrorism-related, large-scale hacking or one that involves system/s of government, the NBI Cybercrime Division might be a good place to report or file a complaint to. For NBI CyberCrime Division, you may call (02) 8523-8231 or email cybercrime@nbi.gov.ph.
Bring your evidence, your complaint‑affidavit and identification. Many offices may accept early versions of your affidavit before notarisation. If unsure, you can go to your nearest PNP station and they may escalate it to the proper office or ACG. Warning though, filing baseless complaints is punishable under perjury laws (RPC Art. 183).
Step 6. Submit the Complaint to the Prosecutor’s Office
- When the complaint has undergone the process, reported to the police, etc. you may then decide to submit your complaint‑affidavit and evidence to the City or Provincial Prosecutor where the offense occurred or where you live.
- The prosecutor determines whether to file charges and pursue the case in court.
Step 7. Court Proceedings
- If accepted, the case is filed in court and you (and any witnesses) may be summoned to testify.
- The process may take time so follow up with your lawyer and the prosecutor’s office as needed.
Step 8. Consider Civil or Protective Relief
- Civil case for damages: You may claim compensation for emotional or reputational harm.
- Protection orders: If the harasser is someone close or you fear physical danger, you may seek temporary or permanent protection orders under RA 9262.
Practical Tips for Your Journey
- Do not engage with the harasser. Confrontations can escalate or be used against you.
- Seek support: Talk with trusted friends, family or professional counsellors. The emotional impacts of harassment can be serious.
- If finances are a concern: The Public Attorney’s Office (PAO) offers free legal support. Many NGOs and the Integrated Bar of the Philippines also provide pro bono assistance.
- Be patient but persistent: Criminal cases can be slow moving. Regular follow‑ups help.
- Avoid self‑incrimination or vigilante actions; your lawyer will guide your words and actions in legal proceedings.
Final Word
Online harassment and stalking can be frightening, but Philippine law gives you clear legal protections. The essential first steps are to document what is happening, secure your digital footprint, consult legal advice, and file a formal complaint. With the right support and process, you are not alone—and justice is within reach.
References
- Republic Act No. 10175, Cybercrime Prevention Act of 2012
- Republic Act No. 11313, Safe Spaces Act, 2019
- Revised Penal Code, crimes such as threats, unjust vexation, libel (applied online)
- RA 9262, Anti‑Violence Against Women and Their Children Act (electronic harassment)
- Philippine National Police Anti‑Cybercrime Group and investigative steps
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