In the Philippines, security and peace of mind are protected under the Revised Penal Code (RPC). When someone threatens to inflict a wrong upon your person, honor, or property, it isn't just a personal grievance—it can be a criminal offense.

Grave Threats, governed primarily by Article 282 of the RPC, occurs when a person threatens another with the infliction of a crime (e.g., murder, physical injuries, arson).

The Two Types of Grave Threats

The law distinguishes between threats based on whether a condition was attached:

Threat with a Condition: The offender demands money or imposes a condition (even if not unlawful), and the threat is made to ensure compliance.

Example: "Pay me 100,000 pesos or I will burn your house down."

Threat without a Condition: The threat is made simply to intimidate or cause fear, without demanding anything in exchange.

Example: "I will kill you the next time I see you."

Essential Evidence for Filing

To build a strong case, the prosecution must prove that the threat was serious, intentional, and created a lingering fear in the victim. Key evidence includes:

Testimonial Evidence: Sworn statements (Affidavits) from the victim and any eyewitnesses who heard the threat uttered.
Electronic Evidence: Screenshots of text messages, chat logs (Messenger, Viber, WhatsApp), or recordings of phone calls. Under the Rules on Electronic Evidence, these are admissible if properly authenticated.
CCTV or Video Footage: Recordings showing the perpetrator's demeanor, gestures (like pointing a gun or a knife), and the context of the confrontation.
Object Evidence: The weapon used during the threat, if applicable.

The Legal Process: Step-by-Step

1. The Barangay Conciliation (If Applicable)

If both parties reside in the same city or municipality, the case must generally undergo Katarungang Pambarangay (Barangay Justice) first.

A "Certificate to File Action" is required before you can head to court, unless the crime carries a maximum penalty of imprisonment exceeding one year or involves parties from different localities.

2. Filing the Complaint (Affidavit-Complaint)

You must go to the Office of the City or Provincial Prosecutor to file an Affidavit-Complaint.

This document outlines the who, what, when, where, and how of the incident.
You must attach all supporting evidence (screenshots, witness affidavits) to this document.

3. Preliminary Investigation

The Prosecutor will evaluate if there is probable cause.

The respondent (the person you are complaining against) will be issued a subpoena to submit a Counter-Affidavit.
If the Prosecutor finds sufficient ground, they will file an "Information" (the formal criminal charge) in court.

4. The Trial

Once the case is in court, a warrant of arrest may be issued (though Grave Threats is generally a bailable offense). The case proceeds through:

Arraignment: The accused enters a plea (Guilty or Not Guilty).
Pre-trial and Trial: Presentation of evidence and cross-examination of witnesses.
Judgment: The court decides on the guilt or innocence of the accused.

Penalties

The penalty for Grave Threats depends on whether the threat was conditional and whether the offender attained their purpose.

Conditional Threats: If the condition was met, the penalty is higher (generally Prision Mayor).
Unconditional Threats: These carry a lower penalty (generally Arresto Mayor), but still result in a criminal record.

Important Note: If the threat was made via the internet or social media, it may fall under Republic Act No. 10175 (Cybercrime Prevention Act of 2012), which increases the penalty by one degree.

Strategic Tips

Do Not Delay: While the prescriptive period (the time limit to file) for less grave felonies is years, filing immediately preserves the integrity of evidence and witness memory.
Document Everything: Even if you aren't sure if a threat is "Grave" yet, keep a log of dates, times, and specific words used.
Safety First: If the threat is immediate and life-threatening, bypass the paperwork and contact the Philippine National Police (PNP) for immediate assistance or protection.

Would you like me to draft an outline for a Sample Affidavit-Complaint for Grave Threats?