Filing a Case Against a Family Member for Death Threats and Abuse (Philippine context)

Scope & goal. This guide explains your options if a family member (including a spouse/partner, parent, sibling, child, in-law, or relative) threatens to kill you or commits other abuse in the Philippines. It covers what conduct is criminal, which laws apply, urgent safety measures, how to file, evidence tips, and what to expect. It’s practical information—not a substitute for advice from a lawyer or a protection worker.

1) Is a “death threat” or abuse a crime?

Yes. Several laws can apply—often at the same time:

Revised Penal Code (RPC):
- Grave threats / light threats. Threatening to commit a crime (e.g., “I will kill you”) is punishable, with heavier penalties when it’s in writing/through a messenger or tied to a demand/condition.
- Physical injuries, grave coercion, serious illegal detention, acts of lasciviousness, rape, slander/libel, theft/robbery, etc. may also apply depending on what happened.
Anti-Violence Against Women and Their Children Act (RA 9262): Protects women and their children from physical, sexual, psychological, and economic abuse committed by a current/former husband/partner or someone with whom the woman has/had a dating/sexual relationship, or the father of her child. Threats (including death threats) and stalking are classic forms of psychological violence here.
Special protections for children (RA 7610): Any physical, sexual, psychological, or economic abuse of a child (below 18, or over 18 but unable to protect self) is penalized, including by parents/guardians/relatives.
Cybercrime (RA 10175): If threats/abuse are done online or through ICT (texts, DMs, social media, email), the penalty for the underlying crime may be increased.
Safe Spaces Act (RA 11313): Covers gender-based online harassment and stalking; can complement cybercrime/RPC where applicable.

Key point: If you’re a woman abused by a spouse/partner/ex (or your child is abused by that person), RA 9262 is usually your primary route. If the abuser is another family member (e.g., father, sibling, in-law) and you don’t have an intimate/dating tie, use the RPC (and RA 7610 if the victim is a child), plus cybercrime if it happened online.

2) What immediate protections can you get?

A. Protection Orders under RA 9262 (for women and their children abused by an intimate partner)

Barangay Protection Order (BPO): Issued by the Punong Barangay (or a designated official) the same day, usually valid 15 days. Typical relief: no-contact / stay-away, offender barred from harassing/communicating with you, police assistance, and referral to shelters/services.
Temporary Protection Order (TPO): Issued by the court ex parte (without the respondent present) typically within 24 hours of filing; generally valid 30 days.
Permanent Protection Order (PPO): After hearing; can last until modified/removed by the court.
Reliefs can include: stay-away orders (home/work/school), custody and support arrangements, exclusion of the abuser from the residence, firearm seizure/surrender, protection of communications/addresses, restitution, and mandatory counseling.

Violation of a BPO/TPO/PPO is a separate crime. Police can arrest for violations witnessed by them or reported with probable cause.

B. Writ of Amparo (any victim; public or private respondents)

If there’s an actual or credible threat to your right to life, liberty, or security (e.g., serious death threats), you can file a Petition for a Writ of Amparo. The court can order protection, stay-away, inspections, production of documents, and police protection. Standard of proof is substantial evidence (lower than criminal “beyond reasonable doubt”).

C. Child protective measures (if the victim is a child)

Courts and DSWD can order immediate protective custody, supervised visitation (or none), and services. Schools and barangay councils for the protection of children can coordinate safety plans.

3) Which court / office do you go to?

Criminal complaint: File with the Office of the City/Provincial Prosecutor or report to PNP (Women and Children Protection Desk if applicable) for inquest (if the offender was arrested) or preliminary investigation.
VAWC protection order (RA 9262): File at the Family Court / RTC; MTC/MCTC can also issue TPOs/PPOs where designated. Venue: where the petitioner resides or where the offense happened (making it easier to file). BPO is at the barangay where the victim resides or where the incident occurred.
Writ of Amparo: File with the RTC (or higher courts per the Rules).
Cyber incidents: You can also report to PNP/NBI Cybercrime together with your criminal complaint.

No prior barangay mediation needed for VAWC cases and for crimes punishable by more than one year or with no compromise allowed. (Threats and most abuse cases fall under the exceptions.) You may still blotter the incident for documentation and to get a BPO if eligible.

4) Who can file?

Adult victim: You, directly.
Minor or incapacitated victim: A parent/guardian, ascendant/descendant, relative within the fourth civil degree, social worker, police officer, or a concerned citizen may file in your behalf (especially for VAWC protection orders and child abuse).
For RA 9262: Even if you’re outside your home city/municipality, you may file where you currently reside.

5) Evidence: how to document threats and abuse

General rule: Think in terms of what proves (1) the act, (2) the actor, (3) your fear/harm, and (4) the relationship.

Electronic evidence (texts, chat, social media, emails, voicemail):
- Preserve originals. Don’t delete. Export/download chat histories when possible.
- Take screenshots showing handles, phone numbers, timestamps and the full thread, not a cropped line.
- Back up to two places (secure cloud + external drive).
- Keep device details (make/model, SIM number, account names).
- For email, keep headers; for messaging apps, use built-in export tools if available.
- Under the Rules on Electronic Evidence, printouts/photocopies can be admissible if you can show their integrity and authenticity (who sent/received, when, how stored).
Medical and psychological records: ER records, medico-legal reports, photos of injuries with dates, counseling or psychiatric notes documenting fear, anxiety, PTSD, or depression from the threats/abuse.
Witnesses: Neighbors, relatives, co-workers who heard the threat or saw the abuse, or who observed behavioral changes.
Barangay/police blotters, BPO/TPO/PPO copies, prior reports, and safety plans.
Financial documents (for economic abuse): bank statements, payroll, receipts showing withholding of support, forced debts, destruction of property.

⚠️ Anti-Wiretapping caution (RA 4200). Secretly audio-recording a private conversation without consent of all parties is generally illegal and may be inadmissible. Do not risk violating this law—focus on texts, written messages, call logs, witnesses, medical findings, and lawful recordings (e.g., CCTV not capturing audio, or public settings).

6) Filing paths (step-by-step)

A. Criminal complaint (RPC/RA 7610/RA 9262/RA 10175 as applicable)

Write an Affidavit-Complaint detailing who, what, when, where, how, your relationship, and why you feared for your life. Attach evidence; mark as Annexes.
File at the Prosecutor’s Office (or police for inquest if there was a warrantless arrest).
Preliminary Investigation: Prosecutor serves subpoena; the respondent files a counter-affidavit. You may file a reply.
Resolution: If there’s probable cause, an Information is filed in court. The case proceeds to arraignment, pre-trial, and trial.
Bail / No-contact conditions: You can ask the court to impose stay-away or no-contact conditions as bail terms, or seek a separate protection order (see below).

B. Protection orders under RA 9262 (if eligible)

Emergency: Go to the barangay for a BPO. It’s often issued the same day.
Court petition for TPO/PPO: Fill out the standardized petition (courts typically do not charge docket fees for RA 9262 protection orders).
Ex parte TPO: Judge may grant within 24 hours; serve on respondent with police assistance.
PPO hearing: Present substantial evidence (your sworn narrative, documents, witnesses). Reliefs may include exclusive use of the residence, support, child custody, surrender of firearms, and no-contact/stay-away orders.
Enforcement: Keep certified copies with you; report violations immediately—violation itself is criminal.

C. Writ of Amparo (serious threats to life, liberty, or security)

File a verified petition narrating facts, threats, and the unlawful act/omission.
Court may issue interim reliefs (temporary protection, inspections, production).
Hearing on the merits; standard is substantial evidence.

7) Practical safety planning

Tell someone you trust. Share copies of your evidence and orders.
Emergency plan: Identify safe places (neighbor, friend, shelter); pre-pack IDs, meds, cash, phone, chargers, copies of orders.
Change routines and passwords. Secure devices with PIN/2FA; review app privacy and location sharing.
Schools & employers: Give them copies of protection orders and photos of the respondent (if safe), plus a contact protocol.

8) Common questions

Q: Do I need to talk to the barangay first? A: Not for VAWC criminal cases and most serious crimes. You can go to the barangay for BPO and blotter documentation.

Q: Can the case be mediated/settled? A: Criminal liability for VAWC and serious offenses cannot be compromised. Courts also won’t mediate protection orders where it endangers the victim.

Q: What if the abuse is only online? A: Still actionable. Cyber-threats and online abuse can be prosecuted; penalties may be increased when committed through ICT. Preserve digital evidence.

Q: The abuser owns a gun. A: Ask the court (and the barangay under a BPO) to order immediate surrender/seizure of firearms and revocation/suspension of licenses.

Q: The respondent is a minor. A: The Juvenile Justice & Welfare Act (RA 9344) applies (diversion, intervention). You can still seek protection orders and safety measures.

Q: How long do cases take? A: Timelines vary. Protection orders can be very fast (hours/days). Criminal cases take longer—months to years—depending on complexity and court load.

9) Penalties (high-level overview)

Threats and abuse draw imprisonment and fines under the RPC; VAWC imposes imprisonment and fine, plus mandatory counseling.
Crimes committed online may be penalized one degree higher under the Cybercrime law.
Violation of protection orders is a separate offense. (Exact durations depend on the charge and aggravating/mitigating factors; your prosecutor or counsel will specify.)

10) Templates you can adapt

A. Affidavit-Complaint (criminal)

REPUBLIC OF THE PHILIPPINES )
CITY/PROVINCE OF _________ ) S.S.

                           AFFIDAVIT-COMPLAINT

I, [Your Name], Filipino, of legal age, [civil status], and residing at [address], after being duly sworn, state:

1. Relationship: The respondent, [Name], is my [spouse/partner/father/mother/brother/sister/relative], residing at [address/contact if known].

2. Incident/s: On [date/time/place], the respondent [state exact words/actions, e.g., said “I will kill you,” raised a knife, sent messages]. I believed the threat would be carried out because [prior violence/weapons/past behavior].

3. Evidence: Attached are:
   - Annex “A”: Screenshots/printouts of messages (with numbers, timestamps).
   - Annex “B”: Photos of injuries/damaged property (dated).
   - Annex “C”: Medical/psychological report.
   - Annex “D”: Barangay/police blotter.
   - Annex “E”: [Other evidence].

4. Effect: Because of the threat/abuse, I suffered fear/anxiety/physical injury and disruption to work/school.

5. Relief sought: I respectfully pray that criminal charges for [grave threats/VAWC/child abuse/physical injuries/etc.] be filed, and that a no-contact order be imposed as a condition of bail.

I am executing this affidavit to attest to the truth of the foregoing and to support the filing of criminal charges.

[Signature over printed name]
[Date]

SUBSCRIBED AND SWORN to before me this [date] at [place], affiant exhibiting [ID type/number].

B. Petition for Protection Order (RA 9262)

REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT, BRANCH ___
[City/Province], FAMILY COURT

[Your Name],                                 PETITIONER,
-versus-
[Respondent’s Name],                          RESPONDENT.
x-------------------------------------------------------------x

                 PETITION FOR [TEMPORARY/PERMANENT] PROTECTION ORDER

1. Parties and relationship: Petitioner is a woman of legal age, residing at [address]. Respondent is her [husband/partner/ex; father of her child], residing at [address].

2. Acts of violence: On [dates], respondent committed [physical/sexual/psychological/economic] abuse, including [death threats, stalking, etc.], described in the attached Affidavit (Annex “A”) with supporting documents (Annexes “B–__”).

3. Urgency: Petitioner faces an immediate threat to her life and security. She seeks **ex parte** issuance of a **Temporary Protection Order**.

4. Reliefs prayed for:
   a) No-contact and stay-away (home, work, school) at least [distance, e.g., 200 meters];
   b) Exclusive use of the residence / respondent’s removal from the home;
   c) Custody and support orders for minor child/ren;
   d) Surrender of firearms and revocation/suspension of permits;
   e) Police assistance in enforcement; and
   f) Other measures the Court deems just.

PRAYER: Wherefore, premises considered, petitioner prays for a TPO, and after hearing, a PPO granting the foregoing reliefs.

[Signature]
[Address/Contact]
[Verification & Certification against Forum Shopping]

11) Filing checklist (print this)

Safety first: If in danger, leave and seek help; go to barangay/police; request BPO (if VAWC) or immediate assistance.
Blotter the incident (optional but helpful).
Draft Affidavit-Complaint + Annexes (evidence labeled, dated).
File criminal complaint with the Prosecutor (or police for inquest).
If eligible for RA 9262, file TPO/PPO in court; secure BPO at the barangay.
Consider Writ of Amparo for serious, continuing death threats.
Inform employer/school (give copies of orders); update safety plan.
Keep copies of everything in a safe, separate location.

12) Where to get help (non-exhaustive)

Public Attorney’s Office (PAO) – free legal aid if you qualify.
Integrated Bar of the Philippines (IBP) legal aid chapters.
PNP Women and Children Protection Desk, DSWD social workers and shelters, LGU social welfare offices, barangay VAW desks.
Hospitals/clinics for medico-legal exams and mental health services.

Final notes

Act quickly. Don’t wait for another incident. Threats and abuse often escalate.
You can pursue multiple remedies at once (e.g., criminal case + protection order + Amparo).
You cannot be forced to “forgive” or “settle” a criminal offense that endangers you or your child.
Keep everything factual and contemporaneous. Courts and prosecutors value specific dates, direct quotes, and complete threads.

If you’d like, tell me your situation (no names needed), and I’ll map which remedies fit best and draft the exact filings to match.