Disclaimer: This article is for general informational purposes only and is not intended as legal advice. For specific concerns about your case, it is advisable to consult with a licensed attorney in the Philippines.

Demand Letter for Verbal and Physical Harassment, Defamation in the Philippines

In the Philippine legal context, a demand letter is often the first step in asserting one’s rights and seeking redress for injuries caused by another person’s act or omission. When dealing with verbal or physical harassment and defamation, a well-drafted demand letter not only formally notifies the offending party of your grievances but can also serve as a precursor to litigation or amicable settlement.

Below is an overview of everything you need to know about the relevant laws, procedures, and best practices surrounding demand letters for verbal and physical harassment and defamation in the Philippines.

1. Understanding the Relevant Legal Concepts

1.1. Verbal Harassment

Oral Defamation or Slander (Article 358, Revised Penal Code):
Verbal harassment may qualify as oral defamation (also referred to as “slander”). This crime involves the act of speaking malicious words or statements that tend to dishonor or discredit a person. Under Philippine law, there are two forms:
- Simple Slander (Light Oral Defamation)
  Punishable generally by arresto menor or a fine.
- Grave Slander (Serious Oral Defamation)
  Punishable by a higher penalty depending on the gravity and circumstances.
Unjust Vexation (Article 287, Revised Penal Code):
If the act of verbal harassment does not neatly fall into the definition of oral defamation, it can sometimes be charged as Unjust Vexation—an offense meant to penalize any act that annoys, irritates, or causes distress without a justifiable reason.
Special Laws (e.g., R.A. 9262 - VAWC):
If the harassment is committed against a woman or child within the context of domestic or dating relationships, Republic Act No. 9262 (Anti-Violence Against Women and Their Children) may apply. Verbal abuse is considered a form of psychological violence under this law.

1.2. Physical Harassment

Physical Injuries (Articles 262–266, Revised Penal Code):
Physical harassment that results in bodily harm could fall under Physical Injuries—ranging from slight, less serious, to serious physical injuries—depending on the extent of harm caused.
Grave Threats, Grave Coercion (Articles 282–286, Revised Penal Code):
In situations involving threats or coercion alongside physical harm or intimidation, the offended party may file the corresponding criminal complaint under grave threats or grave coercion.

1.3. Defamation

Libel (Article 353, Revised Penal Code):
Libel refers to a public and malicious imputation of a crime, vice, or defect—real or imaginary—that causes dishonor, discredit, or contempt upon a person. Libel is typically committed in writing, e.g., on social media posts, text messages, or published articles.
Oral Defamation (Slander), as mentioned above
When the defamation is spoken rather than written, it is covered by oral defamation provisions.
Cyber Libel (R.A. 10175 - Cybercrime Prevention Act):
Any defamatory statement made online (e.g., on social media or via electronic communication) may qualify as cyber libel, which carries a heavier penalty than traditional libel.

2. Purpose and Significance of a Demand Letter

A demand letter is a formal written notice that:

Informs the offending party (the “respondent”) of the specific acts constituting harassment or defamation.
Demands them to cease and desist from further unlawful acts.
May request or demand damages or reparation for the injury caused.
May serve as a legal notice that failure to comply will result in the initiation of criminal, civil, or administrative remedies.

Although not always strictly required prior to filing a criminal case, demand letters are often used in civil or quasi-delict actions for damages, as well as for settlement attempts in certain criminal cases (particularly those which are private offenses like libel or oral defamation).

3. Legal Bases for Sending a Demand Letter

Civil Code Provisions on Damages:
Under the Civil Code of the Philippines, any person who suffers material or moral damages due to the fault or negligence of another can claim damages (Articles 19, 20, 21, 26, and 2176, among others). A demand letter may serve as the first step in asserting the claim and requesting compensation.
Rules on Criminal Procedure (Revised Rules of Court):
Although criminal prosecution generally begins with the filing of a complaint-affidavit with the prosecutor’s office or the police, a demand letter can help demonstrate good faith in seeking an amicable resolution, or at least articulate the legal basis of the complaint.
Extra-Judicial Settlement Attempts:
Certain disputes benefit from or even require an attempt at settlement (e.g., the Katarungang Pambarangay system for minor disputes within the same municipality or city). A demand letter supports this process by clarifying claims and possibly helping the parties reach an agreement.

4. Drafting the Demand Letter

4.1. Essential Components

Date and Heading:
Clearly indicate the date of issuance and the subject heading, e.g., “Demand to Cease and Desist from Verbal Harassment and Defamatory Remarks.”
Addressee/Recipient:
Write the name and address of the person(s) or entity to whom the letter is directed.
Introduction and Statement of Facts:
- Provide a concise narration of the events—dates, places, names, and any pertinent background to establish context.
- If relevant, include references to evidence (e.g., screenshots of defamatory statements, medical reports for physical harassment, eyewitness affidavits).
Legal Basis:
- Cite relevant provisions (e.g., Article 358 of the Revised Penal Code for oral defamation, Article 26 of the Civil Code for dignity and privacy, R.A. 9262 for psychological or physical abuse, etc.).
- Explain briefly how the respondent’s actions violate these laws.
Demand and Relief Sought:
- State clearly what you want: a cessation of harassment, a retraction/apology for defamatory remarks, payment of moral damages, or any other specific relief.
- Indicate a deadline for compliance (commonly, 5 to 15 days from receipt).
Warning of Legal Action:
- Politely but firmly advise that failure to comply may result in the filing of appropriate criminal, civil, or administrative cases.
Closing and Signature:
- End with a formal closing.
- Sign above your printed name and include your contact information. If represented by counsel, the attorney’s name and PRC Roll Number, IBP number, MCLE compliance, etc., are typically included.

4.2. Tone and Language

Use concise, formal, and assertive language.
Avoid threats beyond stating the possible legal actions.
Stick to factual statements and refrain from adding unnecessary derogatory remarks.

4.3. Supporting Documents

Attach evidence that substantiates your claim (e.g., photographs of injuries, medical certificates, screenshots of defamatory postings).
Document proof of service (e.g., registry return receipt if sent via registered mail).

5. Serving the Demand Letter

Personal Delivery:
Hand delivery to the respondent at their residence or place of business. Request an acknowledgment copy.
Registered Mail:
This is the most common method; it creates a paper trail of service (registry receipt and return card).
Courier or Email (with proof of sending):
If communication is done electronically, ensure you can prove it was actually sent and presumably received.

6. Possible Outcomes After Sending a Demand Letter

Compliance and Settlement:
- The respondent may agree to cease the harassment or publish a retraction/apology.
- The respondent may negotiate payment for damages.
- The dispute may be resolved without needing to escalate to court.
Non-Compliance and Escalation to Court or Prosecutor’s Office:
- If the respondent ignores the demand letter or denies liability, you may proceed with filing a criminal complaint (for oral defamation, libel, physical injuries, etc.) or a civil complaint (for damages).
Counter-Demand or Counterclaim:
- The respondent may send a reply letter denying the allegations and possibly assert their own claims or defenses.

7. Subsequent Legal Actions

7.1. Filing a Criminal Complaint

Where to File:
The offended party or their counsel typically files a complaint-affidavit with the office of the city or provincial prosecutor having jurisdiction over the place where the alleged offense was committed.
Preliminary Investigation:
The prosecutor will conduct a preliminary investigation to determine probable cause.
Possible Outcomes:
- Filing of Information in Court if there is probable cause.
- Dismissal of the Complaint if there is insufficient evidence.

7.2. Filing a Civil Case for Damages

If you intend to recover damages for the harm suffered (moral, nominal, or actual damages), you may file a civil complaint in the Regional Trial Court (RTC) or Metropolitan/Municipal Trial Court (depending on the amount of damages) within the locality where the plaintiff or defendant resides or where the cause of action arose.
Judicial Dispute Resolution (JDR)/Court-Annexed Mediation:
Many courts require an attempt at mediation to settle the dispute before proceeding to trial.

7.3. Protection Orders (If Applicable)

In cases involving violence against women and children (R.A. 9262) or other forms of abuse, the aggrieved party may apply for a Protection Order (Barangay Protection Order, Temporary Protection Order, or Permanent Protection Order) to protect them from further harassment or harm.

8. Strategic Considerations

Evidence Gathering:
Keep detailed records of the harassment or defamation (dates, times, witnesses, screenshots, recordings) to strengthen your claims.
Assessing the Value of Settlement:
Sometimes, an apology or cessation of wrongdoing may suffice. In other cases, monetary damages are sought to compensate for injuries suffered.
Prescribing Periods:
- Slander (Oral Defamation): Must generally be initiated within six (6) months (for simple slander) or one (1) year (for grave slander) from the date of the offense.
- Libel: One (1) year from the date of publication for traditional libel.
- Cyber Libel: Within one (1) year as well, but the reckoning point may vary depending on the jurisprudence (generally from the time the material was first posted online).
- Civil Actions: May have different prescriptive periods (e.g., defamation-related civil actions usually within one (1) year or sometimes longer, depending on the legal basis).
Katarungang Pambarangay (Barangay Conciliation):
For minor offenses, you may need to file a barangay conciliation complaint first if both parties reside in the same city or municipality. If the dispute is not settled, the Barangay issues a Certificate to File Action.
Professional Legal Advice:
If the accusations are serious (e.g., repeated acts of defamation or physical injuries with lasting harm), it is wise to consult or retain a lawyer.

9. Frequently Asked Questions (FAQs)

Is it mandatory to send a demand letter before filing a criminal or civil case?
- For criminal cases, not always. Certain crimes (like libel) are personal in nature, and some prefer sending a demand letter to attempt a settlement or retraction.
- For civil cases, a demand letter is often customary and may be legally required in some instances to prove a cause of action or to show good faith attempts at settlement.
Can a demand letter itself be considered defamation if I falsely accuse someone?
- If statements in the demand letter are made in good faith and based on factual circumstances, it is generally protected as part of a legal process. However, malicious allegations without basis can expose the sender to possible counterclaims.
What if the respondent lives abroad or is overseas?
- The demand letter may be sent to the respondent’s last known address or via other means (courier, email). However, enforcement of any civil or criminal action might involve additional legal steps like coordinating with foreign courts, depending on the jurisdiction and treaties.
Can I include a threat to file both criminal and civil charges in the letter?
- Yes, but ensure it is framed as a statement of intent rather than an unlawful threat. It is generally acceptable to state that legal remedies will be pursued if the offending party does not comply.
What if the offending party ignores my demand letter?
- Failure to respond is common. At that point, you may proceed with filing the appropriate criminal/civil case. You can use the demand letter (and proof of receipt or attempts to deliver) as evidence of your good faith efforts to settle or inform them of your claim.

10. Conclusion

Dealing with verbal and physical harassment or defamation in the Philippines involves understanding the interplay of criminal statutes (Revised Penal Code, special laws like R.A. 9262 and R.A. 10175) and civil law provisions on damages. A well-drafted demand letter can serve as an important tool in both discouraging further unlawful acts and laying the groundwork for possible legal action. By carefully stating the facts, citing legal bases, and specifying your demands, you position yourself for either a negotiated resolution or a stronger case should litigation prove necessary.

As with all legal matters, it is highly recommended to seek professional legal advice for guidance tailored to your unique circumstances. This ensures that your rights are fully protected and the correct procedures are followed at every stage of the dispute resolution process.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. For personalized advice, consult a licensed attorney in the Philippines.