Steps, Evidence, Penalties, and Practical Tips

Snapshot

Grave threats punish acts of threatening another with a wrong amounting to a crime against their person, honor, or property (or that of their family).
It covers spoken, written, and digital threats (texts, chats, posts, emails).
Penalties depend on the gravity of the crime threatened and whether the threat was conditional and the offender achieved the purpose (e.g., got money, forced compliance).
Filing typically starts with a complaint-affidavit at the Prosecutor’s Office, after which a preliminary investigation determines if an Information will be filed in court.
Preserve evidence early: screenshots, device logs, witnesses, CCTV, and service provider records.
Consider barangay conciliation rules, cybercrime aggravation, and bond for good behavior orders.

Legal Foundation (What the Law Punishes)

Under the Revised Penal Code (RPC) on Threats (notably “Grave Threats” and related provisions):

Grave Threats (core idea):
- A person threatens another with the infliction of a wrong amounting to a crime (e.g., “I’ll burn your car,” “I’ll kill you,” “I’ll file a false rape case unless you pay,” “I’ll leak your intimate images unless you do X”).
- The wrong threatened may target you or your family’s person, honor, or property.
- Threats can be conditional (“unless you pay ₱_____ / do _____”) or unconditional (“I will kill you”).
- Written threats or threats through a middleman are treated more seriously (typically imposed in the maximum period of the applicable penalty bracket).
Conditional Threats and “Attaining the Purpose”:
- If the threat is conditional and the offender achieves the objective (you complied because of the threat), the penalty is heavier than when the purpose is not achieved.
- If the threat is conditional but the offender fails to achieve the objective, the penalty is lighter (two degrees lower than the penalty for the crime threatened, in traditional RPC terms).
Light Threats vs. Grave Threats:
- Grave threats = threat to commit a crime.
- Other (light) threats = threat to commit **a wrong **that does not amount to a crime (e.g., “I’ll make your life miserable at work” without any criminal act specified) often coupled with a demand or condition. Penalties are markedly lighter.
Related concepts (to distinguish):
- Unjust vexation, coercion, extortion/robbery, serious/scandalous threats, violation of privacy or anti-photo/video voyeurism, violence against women and their children (VAWC), and Safe Spaces Act (gender-based threats) may apply based on the facts. Sometimes the same facts can support multiple offenses; prosecutors will select the best-fitting charge(s).
Cyber Context (ICT-Facilitated Threats):
- If grave threats are perpetrated through information and communications technologies (e.g., social media, messaging apps, email), the Cybercrime framework may apply, which can increase the penalty (traditionally, one degree higher for RPC crimes committed by, through, and with the use of ICT) and affect jurisdiction and evidence handling.
Bond for Good Behavior:
- Upon conviction for grave threats, courts may require the accused to post a bond to keep the peace (a “bond for good behavior”) for a set period, with jail time if they refuse or violate it.

Elements You (and the Prosecutor) Must Show

To prove grave threats, evidence should establish:

A threat was made—clear enough for a reasonable person to understand a criminal act is being threatened.
The threat was directed at you (or your family) and concerns your person, honor, or property.
Intent to threaten—beyond mere banter or hyperbole in context. (Courts weigh words, tone, prior relations, capability to carry out the threat, and surrounding circumstances.)
If conditional, that a condition was imposed; and, if relevant, whether the offender attained the purpose.
Identity of the offender (who threatened you).

Tip: Context matters. “I’ll kill you 😂” in a joking thread among close friends often reads differently from a menacing message sent after a heated dispute, repeated, and coupled with doxxing or stalking.

Penalties (How Serious Is It?)

Penalties scale with the crime threatened and the circumstances:

Conditional + purpose attained: penalty one degree lower than the penalty for the crime threatened.
Conditional + purpose NOT attained: penalty two degrees lower than the penalty for the crime threatened.
Unconditional threats to commit a crime are punished, with written or intermediary-relayed threats usually penalized in the maximum period of the applicable range.
Light threats (threat to do a wrong not amounting to a crime) carry lighter penalties.
Committed via ICT: expect a penalty increase (traditionally one degree higher than the base), plus specialized venue and forensics considerations.

Because penalties depend on the crime threatened (e.g., murder vs. arson vs. serious illegal detention), prosecutors compute the proper “degree lower/higher” from the threatened crime’s penalty. You do not need to do that math in your affidavit—just state facts clearly; the prosecutor applies the scaling.

Where to File (Jurisdiction & Venue)

Barangay vs. Prosecutor:
- Barangay conciliation is required for many minor disputes when the parties live in the same city/municipality, but NOT when the offense is punishable by more than one (1) year imprisonment or over ₱5,000 in fine, or where parties live in different cities/municipalities, or where urgent legal action is needed (e.g., threats of immediate harm), or the case falls within exceptions (e.g., government officer in relation to duties, certain qualified cases).
- Because grave threats penalties vary with the crime threatened, many cases skip barangay and go straight to the Prosecutor’s Office. When unsure, you may attempt barangay; if the Punong Barangay declines for lack of jurisdiction, proceed to the prosecutor.
Venue:
- Generally, file where the essential elements occurred—often where the threat was made or received. For online threats, venue can be proper where the victim accessed/received the threat, or where the offender posted/sent it. Prosecutors are familiar with digital venue theories; include where you were located when you read the message.
Court Level:
- MTC/MeTC (lighter penalties) or RTC (heavier penalties/cybercrime) depending on the computed penalty and applicable laws. The prosecutor handles this routing.

Evidence: What Works (and What to Avoid)

Best Evidence Checklist

Screenshots and exports of chats, texts, emails, social posts (include timestamps, handles, and URLs where possible).
Original devices (phone/PC) preserved; do not delete threads.
CCTV/bodycam or third-party video if available.
Witness statements (people who heard/saw the threat or to whom you told it contemporaneously).
Call logs showing time/date/duration (even if the call wasn’t recorded).
Service provider records (subpoena may be needed; prosecutors can help request).
Context documents: prior disputes, protection orders, police blotters, demand letters, screenshots showing conditions imposed (“pay or else”).

Handling Digital Evidence Properly

Keep metadata intact: export entire conversations where possible; avoid re-typing.
Take full-screen captures that show account names, avatars, dates/times, and message continuity (not just the threatening bubble).
Make a forensic image only if you know how (optional); otherwise preserve the device and avoid factory resets or OS updates until after initial extraction.

Wiretapping Caution

The Anti-Wiretapping Act generally prohibits recording private communications without the consent required by law. Illegally recorded calls can be inadmissible and may expose you to liability. Get legal advice before recording calls.
Text messages, chats, emails, and public posts are typically admissible electronic evidence when properly authenticated.

Step-by-Step: Filing a Criminal Case

Safety First.
- If the threat is imminent, call the police (dial 911), request immediate assistance, and seek a police blotter entry. Consider protective avenues like VAWC protection orders (if applicable relationship exists) or workplace/school security measures.
Document Everything.
- Save threats, note dates/times, list witnesses, and collect context (prior quarrels, demands).
Barangay (if applicable).
- If both parties reside in the same city/municipality and the case appears within barangay jurisdiction, you may attempt conciliation. If the barangay issues a Certification to File Action or declines jurisdiction, proceed to the prosecutor.
Draft a Complaint-Affidavit.
- Title it “Complaint-Affidavit for Grave Threats.”
- Include: your identity; the respondent’s identity/details; clear narration (who, what, where, when, how); quote or attach exact words of the threats; explain why the threatened act is a crime (e.g., “threat to burn our house = arson”); state the condition (if any) and whether you complied; list and attach evidence; identify witnesses; and include a prayer for charges.
- Sign before an administering officer (notary/prosecutor) with jurat.
File at the City/Provincial Prosecutor’s Office (or the OCC for in-quest cases).
- Submit your complaint-affidavit plus annexes (labeled and paginated).
- Pay any required fees (if any) and obtain a receiving copy with stamp.
Preliminary Investigation.
- Prosecutor may issue a subpoena to the respondent; you may be asked for clarifications or further evidence; then the prosecutor issues a Resolution.
- If probable cause is found, an Information for grave threats (and/or related crimes) is filed in the proper court.
Court Proceedings.
- Arraignment → Pre-trial → Trial.
- You and your witnesses testify; digital evidence is authenticated.
- The court may require the accused to post a bond for good behavior upon conviction.
Civil Damages.
- You may claim moral, exemplary, and actual damages within the criminal case (or file a separate civil action). Bring receipts/records to support actual loss (e.g., therapy bills, added security costs).

Timelines & Prescription (Deadlines to File)

Crimes under the RPC prescribe based on the legal penalty attached to the offense (afflictive, correctional, arresto, or light).
Because grave threats’ penalty depends on the crime threatened and circumstances (conditional/attained or not), the prescriptive period varies.
Practical guidance: file early and document promptly. If you fear you’re near a deadline, file now and perfect evidence later; subpoenas can assist with additional records.

Practical Strategies That Help Cases Succeed

Be specific in your affidavit. Quote the exact words and conditions; explain why the threatened act is a crime.
Show effect on you. Fear, disruption, security measures taken—this helps prove seriousness and moral damages.
Corroborate. Even one credible witness or an unbroken message thread often makes the difference.
Keep your conduct clean. Do not retaliate with your own threats; don’t contact the respondent except through counsel or lawful channels.
Consider parallel remedies. Workplace complaints, school discipline, platform reports (for online threats), and protective orders where available.

Common Defenses (and How Evidence Counters Them)

“It was a joke/heat of passion.” → Context, repetition, capability, and contemporaneous demands often negate the “joke” narrative.
“No criminal act was threatened.” → Tie the words to a specific crime (e.g., kill = homicide/murder; burn = arson).
“Not me / fake account.” → Device forensics, IP logs (subpoenaed), pattern of speech, prior interactions, and linked phone/email recovery can establish identity.
“No condition, so not grave.” → Unconditional threats to commit a crime are still punishable; detail the criminal act threatened and the menacing context.

Templates (You Can Adapt)

A. Complaint-Affidavit Outline

Title/Caption
Complainant’s Details (name, address, ID)
Respondent’s Details (name, address, identifiers if known)
Narration of Facts (chronology; quote threats; describe conditions; context; your fear; actions taken)
Legal Basis (grave threats; note crime threatened; cyber element if via ICT)
Evidence List (Annex “A” screenshots, “B” device photos, “C” witness affidavits, etc.)
Prayer (file appropriate charges; ask for issuance of subpoenas; ask for bond for good behavior upon conviction; claim damages)
Verification/Jurat

B. Evidence Log Table (keep privately)

Item # | What | Where/How Obtained | Date/Time | Hash/Identifier | Notes/Chain of Custody

FAQs

Is a single threat enough? Yes—one credible threat may suffice if it clearly threatens a criminal act and is proven beyond reasonable doubt.

What if I already paid because of the threat? That can strengthen the case (conditional threat attained). Bring proof of payment/transfer.

Are anonymous online threats prosecutable? Yes. Identity can be developed via subpoenas and forensics. Preserve messages and report the account to the platform without deleting your copies.

Can I record calls to prove threats? Be careful: secretly recording private calls risks violating the Anti-Wiretapping Act. Get legal advice first. Use texts/chats/emails and witnesses; consider lawful recording options if available.

Final Notes

This guide gives general information. Facts differ, and legal outcomes turn on details and proper evidence handling.
For tailored advice or urgent situations, consult a Philippine lawyer or proceed to the Prosecutor’s Office in your locality with your draft affidavit and evidence.

Stay safe, document early, and file confidently.