Below is a general overview of the process and considerations for filing a verbal abuse complaint in the Philippines. This information is provided for general educational purposes and does not constitute legal advice. For specific questions about your situation, it is best to consult a qualified lawyer.

1. Understanding “Verbal Abuse” Under Philippine Law

1.1 Terminology

“Verbal abuse” is not always framed as a single legal term in Philippine law. Instead, incidents that might be called “verbal abuse” are generally covered by several possible offenses or causes of action. Some of the common legal grounds include:

Oral Defamation (Slander) under the Revised Penal Code
Unjust Vexation under the Revised Penal Code
Grave Threats or Light Threats under the Revised Penal Code
Certain provisions under the Safe Spaces Act (RA 11313) if the abuse occurs in public spaces or online
Cyber Libel or Cyber Harassment under the Cybercrime Prevention Act of 2012 (for online threats, slander, and defamation)

1.2 Oral Defamation (Slander)

Under Articles 358 and 359 of the Revised Penal Code:

Serious oral defamation (also known as “serious slander”) typically involves a slanderous statement that is of a grave nature, attacking the integrity or reputation of the person, and made publicly or in a manner that seriously injures their reputation.
Slight oral defamation covers less serious remarks but still involves defamatory statements that can damage a person’s reputation.

The penalty for oral defamation depends on whether the defamation is deemed serious or slight. Penalties can include fines and imprisonment, the duration of which varies based on the severity of the offense.

1.3 Unjust Vexation

Unjust vexation (Article 287 of the Revised Penal Code, as amended) is a catch-all provision covering acts that cause annoyance, irritation, torment, or distress to another person without a lawful purpose. Insulting or offensive language that does not clearly fall under more specific offenses may sometimes be charged as unjust vexation.

1.4 Threats

If abusive language includes threats of harm, it may also be prosecuted under the provisions on Grave Threats (Article 282) or Light Threats (Article 283) of the Revised Penal Code, depending on the seriousness of the threat.

1.5 Safe Spaces Act (RA 11313)

The Safe Spaces Act covers forms of harassment in public spaces, online spaces, workplaces, and educational settings. While much of the law focuses on gender-based harassment, it can also apply to certain types of verbal abuse or slurs in public areas, transportation, and online platforms.

1.6 Cyber Libel or Online Harassment

For statements made in writing and shared online (e.g., social media posts, comments, chat apps):

The Cybercrime Prevention Act of 2012 (RA 10175) covers cyber libel (defamation committed through a computer system or any other similar means which may be devised in the future).
For repetitive harassment or threatening behavior online, there might also be potential action under laws penalizing grave threats or stalking, depending on the facts of the case.

2. Legal Basis for Filing a Complaint

When filing a verbal abuse complaint, you need to identify which legal basis fits your situation:

Oral Defamation (Slander): If the statements are highly injurious to your reputation or character and communicated to at least one other person.
Unjust Vexation: If the behavior’s primary effect is to annoy, irritate, or cause distress without lawful or justifiable reason.
Threats (Grave or Light): If there is a credible threat to your safety or security.
Safe Spaces Act: If the abuse constitutes a form of gender-based street harassment or harassment in public spaces, workplaces, or online settings covered by RA 11313.
Cyber Libel or Cyber Harassment: If the statements are posted or transmitted via social media, chat, text messages, or other online platforms.

3. The Complaint Process

3.1 Barangay Conciliation

Under the Katarungang Pambarangay Law (Presidential Decree 1508, now incorporated in the Local Government Code), certain cases involving minor offenses or disputes between persons from the same city/municipality must first go through barangay conciliation before being elevated to the courts.
Steps:
1. Go to the Barangay Hall having jurisdiction over the place where the incident occurred or where one of the parties resides.
2. File a written or verbal complaint before the Punong Barangay (Barangay Captain) or the Lupong Tagapamayapa (the Conciliation Panel).
3. If conciliation fails, the barangay will issue a Certification to File Action, allowing the complainant to take the matter to court.

Exception: If the offense is punishable by imprisonment exceeding one year or by a fine of over PHP 5,000, barangay conciliation may not be required.

3.2 Police Blotter / Initial Reporting

If the verbal abuse is accompanied by threats or seems likely to escalate, it can be reported directly to the police. They will make an entry in the police blotter.
The police may refer the complaint to the barangay if it falls within the category of minor offenses requiring conciliation, or they may guide you on filing a criminal complaint directly with the City or Provincial Prosecutor’s Office, depending on the seriousness of the offense.

3.3 Filing a Criminal Complaint with the Prosecutor’s Office

If the matter is not settled at the barangay (or if barangay conciliation is not required by law):
1. Prepare a Complaint-Affidavit detailing the incidents of verbal abuse.
2. Attach supporting evidence, such as recordings, screenshots, witnesses’ sworn statements, or any other relevant documentation.
3. Submit the complaint to the Office of the City Prosecutor or Provincial Prosecutor (where the offense took place or where the complainant or respondent resides).
The prosecutor will conduct a preliminary investigation to determine if there is probable cause to file charges in court.

3.4 Court Proceedings

Once the prosecutor files the appropriate information (charge sheet) in court, the case proceeds through the standard criminal procedure:
1. Arraignment (the accused appears to enter a plea)
2. Pre-trial and trial proper (presentation of evidence and witnesses)
3. Decision by the judge.

If a conviction is secured, penalties can include fines, imprisonment, or other sanctions (e.g., damages to be paid to the complainant if there is a civil aspect).

4. Gathering Evidence

4.1 Documentation

Keep written notes or a diary of the incidents, including dates, locations, names of witnesses, and the specific words or statements used.
If the verbal abuse was made in person, document the time and date as accurately as possible, note any context (e.g., argument, public place, private property).
For text messages, chat apps, or social media, save screenshots and ensure timestamps are visible. Make backups to avoid accidental deletion.

4.2 Witnesses

Identify and secure the statements of anyone who overheard or witnessed the abusive language or threats. Having sworn affidavits from witnesses can strengthen your case.

4.3 Recordings

If you recorded the incident (audio or video), consult a lawyer first regarding admissibility. Secret recordings can raise privacy issues, but certain exceptions may apply (e.g., if it is a conversation you are personally taking part in). Always verify with counsel so you do not inadvertently violate the Anti-Wiretapping Law (RA 4200).

5. Potential Penalties and Outcomes

The outcome of a successful complaint depends on the exact charge:

Oral Defamation (Slander):
- Serious oral defamation can result in higher fines and/or imprisonment.
- Slight oral defamation usually leads to lighter penalties (shorter imprisonment or smaller fines).
Unjust Vexation:
- Typically punishable by arresto menor (imprisonment up to 30 days), fines, or both.
Threats (Grave or Light):
- Penalties vary widely, depending on the seriousness of the threat and if a weapon or other aggravating circumstances were involved.
Safe Spaces Act (RA 11313):
- Can result in community service, fines, or imprisonment, depending on the form and severity of harassment.
Cyber Libel:
- The Cybercrime Prevention Act imposes penalties one degree higher than ordinary libel under the Revised Penal Code. It may include significant fines and possible imprisonment.

In addition, if the court finds the accused guilty, the complainant may be awarded damages in a separate civil action or jointly with the criminal case.

6. Practical Considerations and Tips

Consult a Lawyer
- While you can file a complaint on your own, having legal counsel helps ensure you comply with procedural requirements and gather the strongest evidence.
- A lawyer can help you draft a clear and well-supported Complaint-Affidavit.
Attempt Amicable Resolution (Where Appropriate)
- If the verbal abuse stems from interpersonal disputes (e.g., neighbors, relatives), the barangay conciliation process can sometimes resolve the matter without filing a formal criminal case.
Maintain Composure
- Refrain from retaliating with your own insulting language; it can complicate matters or prompt a counter-complaint.
Privacy and Defamation Concerns
- If you plan on exposing the abuser’s statements publicly (e.g., through social media), be aware that they might file a counterclaim for libel or defamation if you publicize the incident incorrectly or state false information.
Stay Safe
- If you have reason to believe you are in physical danger, prioritize safety by seeking help from the authorities promptly. Consider protective measures or restraining orders if threats escalate.

7. Final Reminders

Legal Advice: This guide is a general overview and does not replace the advice of a licensed attorney. Each situation has unique facts that may influence the legal strategy and outcome.
Barangay Jurisdiction: Many minor offenses and disputes require initial proceedings at the barangay level before they can be brought to the courts.
Evidence is Key: Collect as much evidence as possible—recordings, witness statements, screenshots—to substantiate your claims and strengthen your case.
Possible Civil Aspect: In addition to filing a criminal complaint, you may have the option to pursue civil damages if the abusive statements caused you tangible harm (e.g., mental anguish, damage to reputation, economic losses).

By understanding the relevant laws, gathering proper evidence, and seeking professional guidance, individuals who have experienced verbal abuse can better navigate the complaint process in the Philippines. If you believe you have been a victim of verbal abuse that may be considered an offense under Philippine law, consult a qualified lawyer or approach the appropriate government authorities for assistance.