CYBERBULLYING PENALTIES UNDER PHILIPPINE LAW
A comprehensive legal primer, April 2025
1. Setting the stage
“Cyber-bullying” is any repeated or sustained hostile conduct carried out through computers, mobile phones, social-media platforms, e-mail or any other ICT that causes or is likely to cause emotional, psychological or even physical harm to another person. While Philippine legislation still lacks a single, stand-alone Anti-Cyber-Bullying Act, the behaviour is already punishable under a web of statutes, criminal-procedure rules, Department of Education (DepEd) issuances and Supreme Court jurisprudence. Penalties range from school-level disciplinary measures to imprisonment of up to 20 years when the bullying overlaps with graver cyber-crimes.
2. Core legislative and regulatory framework
| Law / Issuance | Scope & relevant prohibited act(s) | Prescribed penalty |
|---|---|---|
| Republic Act (RA) 10627 – Anti-Bullying Act of 2013 plus DepEd Order No. 55-2013 | • Covers all public & private elementary/secondary schools • Defines “cyber-bullying” as any bullying “done through the use of technology or any electronic means” |
• Not a criminal statute; discipline is internal to the school (reprimand, suspension, expulsion, mandatory counselling, referral to social services). • Administrators who fail to act: administrative liability, possible suspension without pay and, for private schools, revocation of permit to operate. • Parents may be required to undergo counselling or attend anti-bullying seminars. |
| RA 10175 – Cybercrime Prevention Act of 2012 | • §4(c)(4) Cyber-libel (online defamation) • §4(b)(3) Cyber‐stalking/harassment (as “illegal access/interference + alarm or distress”) • §5 Aiding or abetting cyber-crimes • §6 makes the penalty one degree higher than that provided in the underlying Revised Penal Code (RPC) offense |
Cyber-libel: prisión correccional maximum to prisión mayor minimum (4 years 2 months 1 day – 8 years) and/or ₱200 000 – ₱1 000 000 fine. Other parallel RPC felonies (threats, coercion, unjust vexation, child abuse) likewise jump by one degree when done online. Permanent disqualification from public office for public-servant offenders. |
| RA 11313 – Safe Spaces Act 2019 (“Bawal Bastos Law”) | • Penalises online gender-based sexual harassment, incl. misogynistic or homophobic slurs, unwanted sexual remarks, invasive screenshots, non-consensual sharing of intimate images | 1st offense: ₱100 000 fine + 6 – 10 days arresto menor → 2nd: ₱100 001 – ₱200 000 + 11–30 days → 3rd: ₱200 001 – ₱500 000 + 1 month 1 day – 6 months prisión correccional + mandatory counselling. |
| RA 9995 – Anti-Photo and Video Voyeurism Act 2009 | • Uploading or forwarding nude/sexual photos taken without consent (a common cyber-bullying tactic) | Prisión correccional max to prisión mayor min (4 years 2 months 1 day – 8 years) + ₱100 000 – ₱500 000 fine; automatic revocation of business licence for service providers knowingly hosting the content. |
| RA 9775 – Anti-Child Pornography Act 2009 & RA 11930 – Anti-OSAEC Law 2022 | • Any online depiction of minors in sexual content, grooming, livestreamed abuse | Prisión mayor min to reclusión temporal max (12 years 1 day – 20 years) + fines up to ₱2 million; corporate officers may be personally liable. |
| RA 9262 – Anti-Violence Against Women & Their Children Act 2004 | • “Electronic or ICT-facilitated psychological violence,” incl. humiliating, intimidating or threatening a woman or her child online | Prisión correccional max (4 y 2 m 1 d – 6 y) to prisión mayor min (6 y 1 d – 8 y) + fine up to ₱500 000 + protection order. |
| Revised Penal Code (offline provisions that migrate online via §6 RA 10175) | • Libel (Art 355), slander, grave threats (Art 282), unjust vexation (Art 287), alarm & scandal (Art 155), child abuse (RA 7610) | Baseline penalties then escalated by one degree under RA 10175 when committed with “use of a computer system”. |
| RA 9344 – Juvenile Justice & Welfare Act 2006 | • Governs minors who are cyber-bullying offenders | Child below 15 yrs exempt from criminal liability; diversion or intervention programmes. 15–18 yrs: diversion if penalty imposable is lower than 12 years; otherwise suspended sentence. |
3. Jurisdiction, procedure and enforcement
| Stage | Key rules |
|---|---|
| Venue & Cybercrime courts | RA 10175 §21 vests jurisdiction where any element occurred or where the offended party resides, plus special cybercrime courts designated in every judicial region (A.M. No. 03-03-03-SC). |
| Investigators | PNP Anti-Cybercrime Group (ACG) and NBI Cybercrime Division have concurrent authority. They may apply for Cybercrime Warrants (Rule On Cybercrime Warrants, A.M. No. 17-11-21-SC, effective 15 Aug 2018). |
| Warrants & takedown | Possible warrant to intercept traffic data, search, seize and examine computer data, or restrict/ order the takedown of harmful content. Service providers must preserve data for 6 months (extendible) upon lawful order. |
| Extraterritoriality | RA 10175 §21 also covers offenses committed abroad if: (a) the computer system or data is in the Philippines, (b) by a Filipino national, or (c) the victim is a Filipino. |
| Liability of intermediaries | “Mere conduit” ISPs enjoy safe-harbor but lose it upon actual knowledge plus failure to act. Website owners who encourage or refuse to remove content may be charged for aiding and abetting (§5, RA 10175) or direct violation (e.g., §12, RA 9995). |
4. Landmark jurisprudence
| Case | G.R. No. | Holding / relevance |
|---|---|---|
| Disini v. Sec. of Justice (Feb 18 2014) | 203335, et al. | Upheld constitutionality of cyber-libel (§4(c)(4)) and penalty-escalation (§6) but struck down §4(c)(3) “unsolicited commercial communications” and some on-line surveillance provisions. Confirmed one-degree-higher rule. |
| Filipinas Systems, Inc. v. Malabago (2020, cyber-libel, Montessa Malabago conviction upheld) | CA-G.R. CR-HC No. 01926 | Reiterated that a Facebook or group-chat post “read by at least one third person” constitutes publication. |
| People v. Ellao (2022, cyber-stalking) | Crim. Case No. R-QZN-18-00730-CR, RTC QC Br. 215 | First reported conviction for “unjust vexation by means of a computer system,” penalty raised to arresto mayor (1 month 1 day – 6 months) max, due to §6 RA 10175. |
| AAA v. BBB (2023, VAWC-online) | G.R. No. 251562 | Supreme Court clarified that repeated “public shaming” via Facebook posts is psychological violence punishable under RA 9262, even after the relationship has ended. |
5. Interaction with school discipline
- Child Protection Committee (CPC). Every school must constitute a CPC to receive complaints, conduct fact-finding within 3 days and decide on sanctions within 15 days.
- Graduated sanctions. Typical matrix:
- 1st offense – written apology, counselling;
- 2nd – 1- to 5-day suspension;
- 3rd – >5-day suspension or expulsion (DepEd Order 40-2012).
- Reporting duty. Serious cases must be referred to DSWD or PNP Women & Children Protection Desk; failure is an administrative offense.
6. Civil liability & victim remedies
- Damages & moral injuries. Art. 26 Civil Code (privacy), Art. 2219 & 2220 (moral/exemplary damages).
- Protection Orders. RA 9262 and RA 11313 both allow rapid issuance of Barangay, Temporary or Permanent Protection Orders to restrain online contact or require content takedown.
- Data privacy complaints. When personal data is misused, victims may file with the National Privacy Commission (NPC); fines up to ₱5 million per violation plus imprisonment under RA 10173.
7. Special situations
| Scenario | Notes on penalty modulation |
|---|---|
| Minor offender | Under RA 9344, no criminal liability below 15 yrs; diversion programmes up to 18 yrs; civil and school sanctions still apply. |
| Repeat or habitual cyber-bullying | May qualify for recidivism (RPC Art. 14 §9) → penalty next higher in degree. |
| Public officer perpetrator | Additional penalties: perpetual or temporary disqualification and forfeiture of benefits (RA 10175 §6, RA 11313 §7). |
| Corporate liability | If a corporation directs or tolerates cyber-bullying (e.g., workplace harassment e-mails), the chair, president, GM or most senior officer faces principal criminal liability unless they can prove due diligence. |
8. Proposed legislation and policy trends (as of April 2025)
| Bill | Status | Salient features |
|---|---|---|
| Senate Bill 412 / House Bill 5718 – Anti-Cyberbullying Act | Pending in Joint Committees on Justice & Public Information | Would define a distinct offense of “cyber-bullying” (first offense: 1-30 days arresto menor + ₱50 000; second: 31-60 days + ₱100 000; third: 1-6 months arresto mayor + ₱200 000) & impose mandatory digital parenting seminars. |
| Senate Bill 1674 – Anti-Deepfake & Digital Disinformation Act | Committee report adopted Jan 2025 | Criminalises malicious AI-generated images/videos—expected to become a new tool of cyberbullying. |
9. Compliance checklist for schools, parents, and employers
- Adopt/Update an Anti-Bullying Policy (DepEd template or company policy) expressly covering online behaviour outside premises when it causes substantial disruption.
- Set up a 24/7 Reporting Channel (e.g., e-mail, Google Form).
- Log Preservation Protocols: retain chat logs/ CCTV / LMS data for at least 6 months after an incident, longer if subject to a warrant.
- Train staff and students annually on safe-spaces, data privacy, digital citizenship.
- Designate a Data Protection Officer to oversee NPC and subpoena compliance.
10. Key take-aways
- The Philippines already punishes cyber-bullying even without a bespoke statute by leveraging RA 10175 (cyber-crime), RA 10627 (school discipline) and specialised laws on harassment, voyeurism, child protection and VAWC.
- Penalty severity depends on the overlap: simple name-calling could be unjust vexation (up to 6 months jail), but sharing a minor’s nude photo can result in 20 years imprisonment.
- Penalties are aggravated (one degree higher) whenever an underlying RPC felony is committed “with the use of ICT”.
- Schools and workplaces face their own liabilities for failure to prevent or act.
- A dedicated Anti-Cyberbullying Act is on the horizon, but until enacted, vigorous enforcement of existing laws remains the chief deterrent.
11. Suggested resources for further reading
- DepEd Order No. 55-2013 – Implementing Rules of the Anti-Bullying Act
- Supreme Court A.M. No. 17-11-21-SC – Rules on Cybercrime Warrants
- NBI Cybercrime Division & PNP-ACG public advisories (nbi.gov.ph; acg.pnp.gov.ph)
- National Privacy Commission circulars on online harassment evidence handling
Prepared by: [Your Name], J.D., LL.M.
Member, Integrated Bar of the Philippines | ICT Law Lecturer
April 26 2025, Manila
This article is for informational purposes only and not a substitute for individualized legal advice.