Verbal Abuse Complaint Against a Barangay Captain
A Comprehensive Philippine Legal Guide (2025)

1. What counts as “verbal abuse”?

Statute / Rule	Typical acts it covers	Key penalty range*
Revised Penal Code (RPC) – Oral Defamation/Slander (Art. 358)	Insulting or contemptuous statements made publicly or privately	Serious: 6 months + 1 day – 2 years + 4 months; Slight: ≤30 days + fine ≤P20k citeturn11search0
RPC – Unjust Vexation (Art. 287)	Vexing, irritating or annoying words that do not constitute defamation	Arresto menor or fine up to P20k
Safe Spaces Act (RA 11313)	Cat-calling, sexist slurs, misogynistic or homophobic remarks, online harassment	Graduated fines P1k-P500k + 6 days-6 months jail; higher if perpetrator is a public officer citeturn9search0turn9search1
Anti-VAWC (RA 9262)	Verbal or emotional violence against a woman/intimate partner or the child	6 months-6 years; protection orders issuable in 24 hrs
Code of Conduct for Public Officials (RA 6713)	Any discourteous or oppressive language is “conduct unbecoming”	Administrative penalty: reprimand → dismissal; up to 5 yrs jail if Secs. 7-9 violated citeturn10search3

*Penalties quoted already reflect the 2017 revisions of the RPC under RA 10951.

2. When the offender is the Barangay Captain

A Punong Barangay (barangay captain) is both a public officer and an elected local chief executive. Thus, liability may arise in three separate tracks:

Track	Where you file	Typical outcome
Criminal (RPC, RA 11313, RA 9262, RA 10175 for online abuse)	Office of the City/Municipal Prosecutor → trial court	Fine/jail time; damages; protective orders
Administrative (RA 7160 §60-66; RA 6713; Rules of the Ombudsman)	1️⃣ Sangguniang Panlungsod/Bayan or 2️⃣ Office of the Ombudsman	Reprimand, suspension (max 6 months), removal, forfeiture of benefits citeturn0search5turn5search1
Civil	Regular trial courts	Moral, exemplary and actual damages under Arts. 19-33 Civil Code

3. Jurisdictional roadmap

Barangay Katarungang Pambarangay conciliation first – For slight oral defamation or unjust vexation you must undergo mediation before the Lupon Tagapamayapa unless an exemption applies (e.g., the abuse is against a government employee while in line of duty, involves VAWC, or the parties reside in different cities). A case filed in court without prior conciliation is dismissible. citeturn12search1turn12search3
Criminal complaint – Prepare a detailed Complaint-Affidavit with supporting affidavits, audio/video clips or chat screenshots; submit to the prosecutor. Serious slander and Safe-Spaces violations proceed directly; a warrantless citizen’s arrest is even allowed for in-flagrante cat-calling under RA 11313.
Administrative complaint –
- Verified complaint under oath (Sec. 61 RA 7160) stating the abusive words, date, place, witnesses and attaching proof.
- File with the Sangguniang Panlungsod/Bayan of the city/municipality or the Ombudsman. The Ombudsman may motu proprio assume jurisdiction if the misconduct appears “grave.” citeturn0search0turn10search1
- Preventive suspension (≤60 days) may issue while the case is heard, but only the courts may order removal – the Sanggunian can recommend it, per the Supreme Court in Ganzon v. Martinez and later cases. citeturn5search2

4. Elements you must prove

Element	What satisfies it
Utterance	Direct testimony of any person who heard it; authenticated audio/video; transcript of online meeting or FB Live
Malice/intent to insult	Nature of words (“Putang-ina mo,” threats, sexist slurs), shouting, repetition, hostile context citeturn0search3
Publicity or presence of third persons (for slander)	Two or more witnesses, or evidence that it was live-streamed/posted
Identity & authority of offender	Certification from DILG/election records showing the person is the incumbent Punong Barangay

5. Penalties & collateral consequences

Criminal conviction triggers automatic perpetual disqualification from public office if penalty exceeds 18 months or involves moral turpitude (Art. 30 RPC).
Safe Spaces Act: public officials incur the next higher penalty; court must order dismissal and forfeiture of retirement benefits upon third conviction. citeturn9search0
Administrative: first offense may merit a simple reprimand; repeated or serious verbal abuse is “Grave Misconduct” or “Oppression” warranting dismissal with accessory penalties of cancellation of eligibility and 10-year bar from re-employment in government. citeturn0search5

6. Recent jurisprudence & trends (2018 – Apr 2025)

Fernandez v. Rubillos (Ombudsman, 2023) – Barangay Captain suspended 6 months for shouting profanities at a senior citizen inside the barangay hall; Ombudsman held that “public office magnifies the offensiveness of abusive language.” citeturn0search7
SC Public Officer Slander ruling (Oct 16 2024) – Speech criticizing a public officer’s official acts is qualifiedly privileged and not slander unless shown to be malicious; conversely, abusive words unrelated to criticism remain punishable. citeturn0search1
Bacolod City Ordinance 1023 (2023) localizes RA 11313 and doubles fines for barangay officials who harass constituents. citeturn4search9
Carlos, SK Chair (2021) – Sanggunian may still impose removal for violations of the SK Reform Act; shows that special laws can override the general rule limiting Sanggunian penalties. citeturn5search3

7. Practical tips for complainants

Diary & evidence vault. Write a contemporaneous log; save voice notes, CCTV clips, chat logs (metadata intact).
Blotter within 24 hours. A Barangay Blotter or PNP blotter entry locks in the date and content of the abuse.
**Ask for a Barangay Protection Order (RA 9262) if you are a woman or child and feel threatened; it issues within the same day and is enforceable nationwide. citeturn10search8
Attend the conciliation hearing but insist on documentation; if the captain himself chairs the Lupon, move for his inhibition and for the Vice-Captain to preside.
Witness safety. The Ombudsman and DOJ Witness Protection Program may be invoked for retaliation fears; Safe Spaces Act requires LGUs to post hotlines and referral desks. citeturn3search9

8. Frequently-asked questions

Question	Short answer
Can I record the Captain without consent?	Yes, if you are a party to the conversation (RA 4200 wire-tap law punishes only third-party interception).
Is it still slander if the Captain cursed during a heated session?	Possibly slight oral defamation, unless covered by legislative immunity during an official Sanggunian hearing.
Will my case be dismissed if we later reconcile?	Criminal liability may be extinguished by desistance/affidavit of desistance only in slight offenses; administrative liability survives.

9. Conclusion

Verbal abuse by a Barangay Captain is never a mere “political squabble.” Philippine law supplies layered remedies—criminal, administrative, and civil—each with its own forum, procedure, and evidentiary demands. Success hinges on promptly documenting the words uttered, choosing the proper venue, and invoking the special rules that apply to public officials. With the 2019 Safe Spaces Act, 2024 Supreme Court guidance on defamation, and increasingly activist Ombudsman rulings, constituents now have clearer pathways to hold abusive grassroots leaders to account while safeguarding both free speech and human dignity.