How to File a Case of Cyberbullying or Oral Defamation in the Philippines

Question: How do you file a case of cyberbullying or oral defamation in the Philippines?

Understanding Cyberbullying and Oral Defamation

In the Philippines, cyberbullying and oral defamation are taken seriously, with specific legal frameworks in place to address these offenses.

Cyberbullying

Cyberbullying refers to the use of electronic communication to bully a person, typically by sending messages of an intimidating or threatening nature. Under Philippine law, cyberbullying falls under the broader category of cybercrime, which is governed by the Cybercrime Prevention Act of 2012 (Republic Act No. 10175).

Steps to File a Cyberbullying Case

1. Document the Evidence: Collect and preserve all evidence of cyberbullying. This includes screenshots, messages, emails, and any other relevant digital communication.

2. Report to the Authorities: File a complaint with the local police or the National Bureau of Investigation (NBI). Provide them with the documented evidence.

3. Sworn Statement: Prepare a sworn statement detailing the incidents of cyberbullying. This statement must be notarized.

4. Filing the Complaint: Submit your complaint to the Office of the City Prosecutor or the Department of Justice (DOJ) Cybercrime Office.

5. Legal Representation: It is advisable to seek the assistance of a lawyer who specializes in cybercrime to guide you through the legal process.

Oral Defamation

Oral defamation, also known as slander, is a criminal offense under the Revised Penal Code of the Philippines. It involves the act of making false and malicious spoken statements that harm the reputation of another person.

Steps to File an Oral Defamation Case

1. Gather Evidence: Collect evidence of the defamatory statements. This could include witness testimonies, recordings, or any other form of proof that the defamatory statements were made.

2. Report to the Barangay: In some cases, it may be required to report the incident to the barangay (local village authority) first, especially if the parties are within the same community. The barangay will attempt to mediate the situation.

3. File a Complaint: If the issue is not resolved at the barangay level, you can file a complaint with the Office of the City Prosecutor. You will need to provide a detailed affidavit outlining the defamatory statements and their impact.

4. Preliminary Investigation: The prosecutor will conduct a preliminary investigation to determine if there is probable cause to file a case in court.

5. Legal Proceedings: If the prosecutor finds probable cause, the case will be filed in court, and legal proceedings will commence. It is essential to have a lawyer to represent you in court.

Legal Considerations

• Prescriptive Period: It is crucial to file the complaint within the prescribed period. For cyberbullying, the prescriptive period is twelve years, while for oral defamation, it is six months for simple defamation and one year for serious defamation.

• Rights of the Accused: The accused has the right to due process and legal representation. They can also file counter-charges if the complaint is deemed malicious.

Conclusion

Filing a case of cyberbullying or oral defamation in the Philippines involves a systematic approach to documenting evidence, filing complaints with the appropriate authorities, and undergoing legal proceedings. Understanding the legal framework and seeking professional legal advice can significantly aid in navigating the complexities of these cases.