Filing a Case for Death Threats in the Philippines

A practical, black-letter–grounded guide for complainants, counsel, and law-enforcement

1) What the law punishes

A. Grave Threats (Revised Penal Code, Art. 282) Threatening another with the infliction of a wrong amounting to a crime (e.g., “I will kill you,” “I’ll burn your house”) is grave threats. Liability and penalty depend on:

whether the threat was conditioned on a demand (money, act/omission),
whether the offender attained the purpose, and
whether the threat was in writing or conveyed through an intermediary (which aggravates).

B. Light Threats (RPC, Art. 283) Threat to commit a wrong not amounting to a crime, coupled with a demand/condition (e.g., “Quit your job or I’ll ruin your reputation”), including those made in writing/through a third person.

C. Other Light Threats (RPC, Art. 285) Penalizes:

Threatening another with a weapon (not in immediate self-defense),
Oral threats made in the heat of anger (not persistently), and
Other comparable minor threats.

D. VAWC-related threats (RA 9262) Threats against a woman her current/former spouse/partner, or against her child, may constitute psychological violence—with criminal liability and access to Protection Orders (TPO, PPO, BPO).

E. Online/ICT-mediated threats (RA 10175, Cybercrime Act) If the threat is made through a computer system or the internet, the underlying offense (e.g., grave threats) is prosecuted as cybercrime, generally with a penalty one degree higher than the offline counterpart and with special rules on venue/jurisdiction and evidence.

F. Children as victims or offenders

Threats against children can amount to child abuse (RA 7610) if they cause psychological injury.
If the offender is a child in conflict with the law (RA 9344), diversion/restorative processes and special procedures apply.

2) Elements you must prove (at a glance)

Grave threats

Threat to inflict a wrong amounting to a crime (e.g., killing, arson).
Specificity/seriousness sufficient to engender fear (context matters: words, tone, prior acts).
Communication to the victim (spoken, written, electronic, via third party).
Conditionality/purpose (if any) and whether achieved (affects penalty, not the fact of guilt). Intent to carry out is not required; what matters is the intent to threaten and its effect.

Light threats / Other light threats The core is still a threatening act or utterance, but the nature of the wrong (not a crime), the presence of a demand, or the circumstances (weapon, heat of anger) define liability and penalty.

3) Where to file and who investigates

If ongoing or imminent danger: call PNP (911/117); go to the nearest police station or Women & Children Protection Desk.
Criminal complaint: file a Sworn Complaint-Affidavit with the Office of the City/Provincial Prosecutor (National Prosecution Service). You may also report to PNP (including the PNP Anti-Cybercrime Group) or NBI (including the NBI Cybercrime Division), who can assist and endorse to the prosecutor.
Online threats: prioritize reporting to PNP-ACG/NBI-CCD for e-evidence handling and quick preservation.

Barangay conciliation (Katarungang Pambarangay): If both parties reside in the same city/municipality, many threat cases (especially light threats) first pass through the Lupong Tagapamayapa, unless an exception applies—e.g., offenses punishable by more than one year of imprisonment or fine over ₱5,000, the parties live in different cities/municipalities, or the case falls within VAWC, cybercrime, or situations needing urgent legal action. When in doubt, ask the prosecutor or the barangay for routing; filing in the wrong forum can delay your case.

4) Procedure (criminal)

Evidence preservation (Day 0). Secure screenshots, messages, call logs, voicemail, letters, packages, CCTV extracts, and witness details. For online threats, capture full-page screenshots with visible URL, date/time, and profile identifiers; export chat transcripts; and keep original devices unaltered when possible.
Sworn Complaint-Affidavit. Attach Annexes (screenshots, chat exports, headers, IDs), witness affidavits, and, for online cases, a brief forensic chain-of-custody note (who captured, when, how).
Filing with the Prosecutor. You’ll get a docket number. The prosecutor issues a subpoena; the respondent files a Counter-Affidavit; parties may submit Reply/Rejoinder.
Resolution. The prosecutor dismisses or finds probable cause and files an Information in the proper court (or refers to barangay if conciliation is required).
Court stage. Arraignment, Pre-trial, Trial, Judgment. You may be awarded civil damages if the criminal action prospers (see Sec. 7 below).
Bail & protection. Threat cases are generally bailable; if there is danger, seek protection orders (VAWC), witness protection (if eligible), or security coordination with police.

5) Evidence: building a prosecutable file

A. Documentary/Digital

Screenshots: Include device clock and URL; avoid cropping out metadata bars.
Chat exports (Messenger, Viber, WhatsApp, SMS), email source/headers, platform account IDs/URLs, caller ID records.
Recording of calls (if lawfully obtained).
Delivery receipts for letters/notes containing threats.
CCTV/doorbell cam clips with time stamps.

B. Testimonial

Your affidavit: narrate facts in chronology; describe exact words, context, prior incidents, fear created, and any conditions/demands.
Witness affidavits: those who saw/heard the threat or corroborate fear/impact (e.g., you relocated, missed work).

C. For online cases

Invoke the Rules on Electronic Evidence: show integrity and reliability of the source (who captured, how exported, hashes if available).
Ask investigators to send preservation requests to platforms; consider a notarized screen capture or law-enforcement capture for added authenticity.

D. Corroborating harm

Medical/Psychological consultation records (anxiety, sleep disturbance).
Employment/School memos reflecting security adjustments.
Barangay blotter entries.

6) Defenses you will encounter (and how to meet them)

“It was a joke.” Jest may downgrade under Art. 285, but the test is the reasonable tendency to create fear, not the speaker’s after-the-fact label.
“Said in anger.” Heat-of-anger threats can still be punishable (Art. 285); persistence or repetition suggests seriousness.
“No intention to kill.” Not an element; what matters is intent to threaten and the nature of the wrong threatened.
“Lawful condition.” A lawful, reasonable demand (e.g., “Pay your debt or I’ll sue”) is not criminal coercion/threat; but unlawful conditions (“Pay or I’ll burn your store”) sustain liability.
Identity denial in online cases. Address using platform IDs, device attribution, writing style, linkage to prior communications, and IP/device forensics via law enforcement.

7) Civil liability and damages

The civil aspect is generally impliedly instituted with the criminal case unless you waive or reserve it.
Possible recoveries: moral, exemplary, temperate, and actual damages (receipts, therapy costs, relocation, security measures).
Independent civil actions are limited (e.g., Arts. 19, 20, 21 of the Civil Code for abuse of right/acts contra bonos mores), but most complainants proceed within the criminal case for efficiency.

8) Protection beyond prosecution

VAWC Protection Orders (RA 9262): BPO (Barangay), TPO, PPO—may prohibit threats/harassment, order stay-away, and grant custody/support terms.
Writ of Amparo: If there is a threat to life, liberty, or security, you can petition for this extraordinary remedy against public officials or private individuals, seeking protection directives, production, or inspection orders.
Workplace/School safety plans: Security escorts, access bans, controlled schedules; coordinate with PNP and administrators.
Platform reporting: Use in-app reporting for threatening content and request account takedown or preservation.

9) Venue, jurisdiction, and prescription (high-level)

Venue: ordinarily where the threat was made or received; for cyber-threats, venue is flexible—any place where any element occurred or where the offended party resides may be proper (check current rules and jurisprudence).
Jurisdiction: first-level or regional trial courts depending on the statutory penalty. Cybercrime cases often go to designated cybercrime courts.
Prescription: act promptly. Light offenses prescribe quickly; more serious ones have longer periods. Filing a complaint with the prosecutor or barangay may toll prescription—file early to be safe.

10) Practical filing checklist (use this before you go)

Safety first: change routines, inform trusted persons, coordinate with PNP.
Blotter at barangay/police; request incident report.
Capture evidence properly (see §5); don’t delete chats or reset phones.
Draft Complaint-Affidavit with clear chronology and verbatim threat (quote exact words in quotes or screenshots).
Identify aggravations: written, via intermediary, with weapon, repeated, in front of minors, online (cybercrime), VAWC context.
Assess barangay conciliation requirement; if exempt, say why in your cover letter.
File with Prosecutor; track docket; attend clarificatory hearings.
Consider protection orders (VAWC) or Amparo if appropriate.
Prepare for mediation/plea scenarios; never agree to conditions that endanger you.
Secure counseling/medical evaluation; keep receipts for damages.

11) Sample (bare-bones) Complaint-Affidavit outline

I. Parties and capacity (Name, age, address; relation to respondent, if any) II. Jurisdiction/Venue (Where threat was made/received; cybercrime angle if online) III. Facts – Date/time/place; exact words of threat (quote), screenshots annexed – Context (prior incidents), demand/condition (if any) – Effect on the complainant (fear, actions taken) IV. Offenses committed (cite Art. 282 grave threats or Art. 283/285 as applicable; RA 10175 if online; RA 9262 if VAWC) V. Evidence (Annexes A…: screenshots with metadata; chat exports; witness affidavits; blotter; medical/psychological notes) VI. Prayer (file Information; issue subpoena; recommend protective measures; civil damages) Verification & Undertaking (and Jurat before prosecutor/notary)

12) Frequently asked, quickly answered

“No actual harm happened—still a crime?” Yes. The threat itself is punishable.
“Anonymous account?” Still file. Law enforcement can pursue attribution; preserve links and IDs.
“Can I withdraw later?” You may move to dismiss or execute an affidavit of desistance, but the State prosecutes; dismissal isn’t guaranteed.
“Apology/settlement?” May mitigate but does not erase criminal liability; get any settlement in writing and safely.

13) Professional tips (for counsel and complainants)

Draft with specificity: who/what/when/where/how; avoid conclusory adjectives.
For online cases, add a short technical appendix: device model/OS, app version, export method, hash (if used).
Anticipate venue challenges early; match your facts to the venue rule you will invoke.
If the threat references firearms/explosives, evaluate separate offenses (illegal possession, alarms and scandals, special laws).
Balance criminal action with immediate protective remedies (VAWC/Amparo).
Keep a timeline and contact log with investigators—and back up all evidence.

Final note

This article is a high-level, practice-oriented overview. For case-specific advice (penalty tiers, venue nuances, latest jurisprudence), consult counsel or the prosecutor in your locality and bring your evidence packet for a focused review.