In the Philippines, threats against a person’s life or security are not merely "harassment"—they are criminal offenses punishable under the Revised Penal Code (RPC) and, if committed online, the Cybercrime Prevention Act of 2012.

Filing criminal charges requires a clear understanding of the specific felony committed, the evidence needed, and the procedural steps involved.

1. Legal Basis: Grave Threats (Article 282, RPC)

The most common charge for death threats is Grave Threats. This occurs when a person threatens another with the infliction upon their person, honor, or property (or that of their family) of any wrong amounting to a crime.

There are three scenarios under Article 282:

With a Condition: The threat is made demanding money or imposing a condition, and the offender attains their purpose. (Highest penalty).
With a Condition (not attained): The threat is made with a condition, but the offender fails to attain their purpose.
Without a Condition: A direct threat to kill or harm someone without asking for anything in return (e.g., "I will kill you the next time I see you"). This is the most common form of a "death threat."

2. Light Threats and Other Forms

Light Threats (Article 283): Threats which do not amount to a crime (e.g., threatening to do something legal but harmful to one's reputation) or threats made in the heat of anger without the intent to actually carry it out.
Other Light Threats (Article 285): This includes threatening another with a weapon or drawing a weapon in a quarrel (unless it’s self-defense).

3. The Element of "Cyber" Threats

If a death threat is sent via Facebook, SMS, Email, or any other digital platform, Section 6 of Republic Act No. 10175 (Cybercrime Prevention Act) applies.

Penalty Escalation: The penalty for crimes committed by, through, and with the use of information and communications technologies is one degree higher than that provided by the Revised Penal Code.

4. Elements Required for Prosecution

To successfully file and win a case for Grave Threats, the prosecution must prove:

That the offender threatened the victim with the infliction of a wrong.
That the wrong threatened amounts to a crime (e.g., Homicide, Murder, Physical Injuries).
That the threat was made deliberately (it was not a mere joke or an expression of general frustration).

5. Steps to File Criminal Charges

Step A: Preservation of Evidence

For Verbal Threats: Secure affidavits from witnesses who heard the threat.
For Digital Threats: Do not delete the messages. Take screenshots that show the sender's profile/number, the timestamp, and the content. Under the Rules on Electronic Evidence, screenshots are functional equivalents of original documents.
Police Blotter: Report the incident to the nearest police station immediately to have it recorded in the official blotter.

Step B: The Barangay Level (Condition Precedent)

If both parties reside in the same city or municipality, the case must generally go through the Katarungang Pambarangay (Barangay Conciliation).

If no settlement is reached, the Lupon will issue a Certificate to File Action.
Exception: You can skip this if the penalty for the crime exceeds one year of imprisonment or if the parties reside in different cities/provinces.

Step C: Filing the Complaint-Affidavit

You must file a formal Complaint-Affidavit before the Office of the City or Provincial Prosecutor.

Preliminary Investigation: The Prosecutor will determine if there is probable cause.
Counter-Affidavit: The respondent (accused) will be given a chance to submit their defense.
Resolution: If the Prosecutor finds probable cause, they will file an "Information" (the formal criminal charge) in court.

Step D: Issuance of Warrant of Arrest

Once the case is filed in court, the Judge will evaluate the case. If they find sufficient grounds, a Warrant of Arrest will be issued. The accused may then post bail, unless the specific circumstances of the threat (often when linked to other crimes) render it non-bailable.

6. Important Considerations

Prescription Period: Crimes punishable by arresto mayor (often the case for light threats) prescribe in five years. Grave threats may have longer periods depending on the penalty. It is best to file immediately.
Civil Liability: Aside from jail time, the victim can claim moral damages for the anxiety and mental anguish caused by the threat.
Protection Orders: If the threat comes from a partner or is related to domestic violence, the victim may also apply for a Protection Order under RA 9262 (Anti-Violence Against Women and Their Children Act).