Dear PAO,
My former girlfriend told me that she will file a complaint against me for allegedly harassing her and causing her emotional distress. She added that she will present as evidence a text message I sent to her out of anger during a quarrel we had before we broke up. I must admit that I sent a message containing “P.I.” to her because I cannot contain my emotions that time. Would that single act of sending text message containing the word “P.I” alone be a ground for harassment causing emotional distress?
Torvic
Dear Torvic,
Harassment that alarms or causes emotional or psychological distress to a woman is one of the acts of violence specifically found in Section 5 (H)(5) of Republic Act (RA) 9262, or otherwise known as the Anti-Violence Against Women and their Children Act of 2004, which provides that:
“SECTION 5. Acts of Violence Against Women and Their Children.- The crime of violence against women and their children is committed through any of the following acts: xxx
"(h) Engaging in purposeful, knowing, or reckless conduct, personally or through another, that alarms or causes substantial emotional or psychological distress to the woman or her child. This shall include, but not be limited to, the following acts: xxx
"(5) Engaging in any form of harassment or violence;”
As with any other crimes, the said offense has elements that should be met or satisfied to secure a conviction, and these were enumerated in the case of XXX263779 vs. People of the Philippines, G. R. No. 263779, December 3, 2025, where the Supreme Court, speaking through Honorable Associate Justice Henri Jean Paul B. Inting, stated that:
“From the foregoing, the Court holds that a conviction for a violation of sub-paragraph 5, Section 5 (h) of Republic Act No. 9262 requires the presence of the following elements, which must be proven by the prosecution beyond reasonable doubt: first, the offender has or had a sexual or dating relationship with the offended woman; second, the offender, by himself or through another, commits an act or series of acts of harassment against the women; third, the harassment alarms or cause substantial emotional or psychological distress to the woman; and fourth, the offender acted for the purpose of alarming or causing substantial emotional or psychological distress to the woman, or knowing that their conduct will alarm or cause substantial emotional or psychological distress to the woman, or the offender acted recklessly, in conscious disregard of the risk that the act or series of acts of harassment will alarm or cause substantial emotional or psychological distress to the woman.”
Applying the above-quoted decision to your situation, sending a single text message containing the word “P.I” during a quarrel or out of outburst may not constitute harassment which will cause alarm or emotional/psychological distress to your former girlfriend. The said act alone does not satisfy the enumerated elements, specifically the fourth element that the offender acted for the purpose of alarming or causing psychological distress. Your former girlfriend bears the burden to prove that you committed the act complained of purposely or knowing that the same will alarm or cause substantial emotional or psychological distress to her; and not merely out of anger or outburst. Suffice it to say, not all forms of harsh words or actions will result in violation of the Anti-Violence Against Women and their Children Act of 2004.
We hope that we were able to answer your query. This advice was solely based on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Thank you for your trust and support.
