How to File a Criminal Complaint for Threats and Physical Injuries in the Philippines

(Philippine legal context; general legal information for education—consider consulting a lawyer or the public prosecutor for advice on your specific facts.)

1) What “filing a criminal complaint” usually means in the Philippines

In practice, people use “criminal complaint” to mean any of these steps:

  1. Reporting to law enforcement (PNP/municipal police, Women and Children Protection Desk, etc.) so the incident is documented (e.g., police blotter) and evidence is gathered.
  2. Filing a complaint-affidavit with the Office of the City/Provincial Prosecutor (OCP/OPP) to start a preliminary investigation (or inquest if there was a warrantless arrest).
  3. In limited situations, filing directly in court (more common for certain minor cases or where rules allow), but most “regular” cases go through the prosecutor first.

For threats and physical injuries, the most common path is: Police report + medical documentation → complaint-affidavit at the prosecutor’s office → preliminary investigation → Information filed in court if probable cause exists.


2) Immediate priorities: safety and preservation of evidence

A. Safety measures (do these first if needed)

  • If there is imminent danger, call local emergency services / go to the nearest police station.
  • If the threat is from an intimate partner/spouse/ex, or involves a woman/child within the VAWC context, consider protection orders (details below).
  • If you need urgent medical care, prioritize treatment; request documentation while you’re there.

B. Preserve evidence (especially within the first 24–72 hours)

For physical injuries

  • Medical certificate (ask the doctor to describe injuries, location, size, and estimated healing period).
  • If possible, request medico-legal examination (PNP or NBI where available).
  • Photos/videos of injuries (time-stamped if you can), torn clothing, damaged property.
  • Receipts: hospital bills, meds, transportation (these matter for damages).

For threats

  • Save screenshots, chats, emails, call logs, voice messages.
  • Keep the original device/account intact; avoid deleting threads.
  • Write down a timeline: exact words, date/time, location, witnesses, and how you received the threat.
  • If threats are online: note the URL, usernames, profile links, and take multiple screenshots showing context (the sender identity + the threatening message + date/time indicators).

Witnesses

  • Get names, addresses, contact numbers.
  • If they’ll cooperate, ask them to execute a witness affidavit.

3) What crimes usually apply: threats and physical injuries

A. Threats under the Revised Penal Code (RPC)

Threat cases depend heavily on the exact words used, the conditions imposed, and whether the threat involves a crime.

Commonly encountered categories:

  • Grave threats: threatening to commit a wrong that amounts to a crime (e.g., “I will kill you,” “I will burn your house,” “I will break your bones”), especially if with conditions/demand or serious intimidation.

  • Light threats / other light threats: lesser forms of criminal threats.

  • Related possibilities depending on facts:

    • Coercion (forcing someone to do something against their will by threats/violence),
    • Unjust vexation / harassment-type conduct (for annoying/abusive conduct that doesn’t fit neatly elsewhere),
    • If the statements become public and defamatory: slander/libel issues (separate analysis).

Key point: The charge is not decided by the label you choose; it’s decided by the facts and evidence (exact language, context, capability/opportunity, repetition, accompanying acts, witnesses).

B. Physical Injuries under the RPC

Physical injuries are commonly charged as:

  • Serious physical injuries
  • Less serious physical injuries
  • Slight physical injuries

Classification often turns on:

  • The severity and location of injuries,
  • The medical findings and expected healing period/incapacity,
  • Whether there was intent to kill (which could elevate the case to attempted/frustrated homicide rather than “injuries”).

C. When it’s not “just injuries”: attempted/frustrated homicide (or worse)

If evidence suggests intent to kill (e.g., stabbing aimed at vital organs, repeated blows with a deadly weapon, statements like “I’ll kill you” while attacking), prosecutors may consider:

  • Attempted or frustrated homicide/murder, depending on acts and results.

This is fact-sensitive; the weapon used, where you were hit, and the manner of attack matter.


4) Special laws and “special lanes” you should know

A. VAWC (RA 9262) — if the offender is an intimate partner (or similar covered relationship)

If the threat/injury is committed against a woman by a current/former spouse, partner, boyfriend, or someone with whom she has/had a dating/sexual relationship (and other covered scenarios), RA 9262 may apply. RA 9262 can cover:

  • Physical violence
  • Psychological violence (including threats, harassment, stalking-like behavior)
  • Economic abuse

Why this matters:

  • There are Protection Orders (BPO/TPO/PPO).
  • Barangay conciliation is generally not required for VAWC cases.
  • Women and Children Protection Desks (WCPD) are trained for these cases.

B. Child abuse (RA 7610) — if the victim is a child

If the victim is a minor, certain acts may fall under RA 7610 and related child protection frameworks, sometimes carrying different standards and penalties.

C. Cybercrime (RA 10175) — if threats are online

Threats sent via social media, messaging apps, email, etc. may trigger cyber-related handling. Practical impact:

  • Evidence preservation becomes crucial.
  • There may be coordination with cybercrime units.
  • Some offenses are treated differently when committed using ICT, depending on the underlying offense and charging approach.

5) Where to file: police, barangay, prosecutor, court

A. Police station (PNP) — good for immediate documentation and assistance

File a report when:

  • You need immediate intervention,
  • You want an official incident record (blotter),
  • You need help identifying suspect(s),
  • You need referral for medico-legal.

B. Barangay (Katarungang Pambarangay) — sometimes required, sometimes not

The Katarungang Pambarangay system can require conciliation/mediation first for certain disputes between individuals living/working in the same city/municipality—but there are important exceptions.

Common exceptions (often meaning you can go straight to prosecutor/court) include situations involving:

  • Urgent legal action needed (risk of harm),
  • Public crimes where settlement/conciliation is not appropriate in context,
  • Parties residing in different cities/municipalities (or other jurisdictional exceptions),
  • Cases covered by special laws (often including VAWC),
  • Other statutory exceptions.

When barangay conciliation applies, you may need a Certificate to File Action (or equivalent barangay certification) before the prosecutor or court accepts the complaint.

Practical tip: If there are credible threats or repeated violence, do not rely on barangay processes alone—seek police/prosecutor action and protection orders where applicable.

C. Office of the Prosecutor (OCP/OPP) — the standard route for criminal complaints

You typically file your Complaint-Affidavit with supporting evidence here. The prosecutor evaluates probable cause and decides whether to file the case in court.

D. Court — after the prosecutor files an Information (usually)

Once probable cause is found, the prosecutor files an Information in the proper court (MTC/MTCC/MCTC or RTC depending on offense/penalty). The court then handles warrants, arraignment, trial, etc.


6) Step-by-step: filing a complaint-affidavit with the Prosecutor

While details vary by locality, the flow is usually:

Step 1: Prepare your narrative (chronology + facts)

Write a clear timeline:

  • Who did what
  • When and where it happened
  • Exact threatening words (quote them as accurately as possible)
  • How you were injured (describe the attack)
  • Witnesses present
  • What you did afterward (hospital visit, police report, etc.)

Step 2: Gather and organize attachments (your “evidence packet”)

Typical attachments:

  • Government ID (and proof of address if asked)
  • Medical certificate / medico-legal report
  • Photos of injuries/property damage
  • Screenshots/printouts of threats (include sender identifiers + full thread context)
  • Police blotter entry (if available)
  • Witness affidavits
  • Any CCTV footage (or a letter/request to preserve it)

Step 3: Draft the Complaint-Affidavit (what it should contain)

A solid complaint-affidavit usually includes:

  • Caption/Title (e.g., “Complaint-Affidavit”)
  • Parties (complainant and respondent, with addresses if known)
  • Statement of facts (chronological, numbered paragraphs)
  • Specific acts constituting the offense(s) (describe, don’t just label)
  • Evidence list (Annex “A”, “B”, etc.)
  • Prayer (request that charges be filed)
  • Verification / Jurat (usually notarized)

Step 4: File at the prosecutor’s office and pay any required fees (if applicable)

Some offices require:

  • Multiple copies (for prosecutor, respondent, records)
  • Case intake forms
  • Docket/administrative fees depending on local rules

Step 5: Preliminary Investigation process (what to expect)

  • The respondent is served and asked to submit a counter-affidavit.
  • There may be clarificatory hearings at the prosecutor’s discretion.
  • The prosecutor issues a Resolution: either dismissal or finding probable cause and filing in court.

Important: Keep your contact details updated; missed notices can delay or harm your case.


7) If the suspect was arrested: “inquest” vs preliminary investigation

If there was a warrantless arrest (e.g., caught in the act), an inquest may be conducted promptly to determine whether the person should be charged in court without the usual preliminary investigation timeline.

Even then, procedures can allow for further investigation under certain conditions. This area is technical—if an arrest occurred, it’s wise to consult counsel quickly because choices made early can affect bail and charging.


8) Protection orders and other urgent remedies

A. Protection Orders (especially for VAWC)

If your case falls under RA 9262, you may pursue:

  • Barangay Protection Order (BPO) (typically faster, limited duration/coverage)
  • Temporary Protection Order (TPO) (court-issued)
  • Permanent Protection Order (PPO) (court-issued after hearing)

These can include stay-away orders, no-contact provisions, removal from residence (in proper cases), and other protective relief.

B. Witness protection / safety planning

If threats are severe:

  • Coordinate with investigators/prosecutors on safety measures.
  • Save all ongoing communications; repeated threats can strengthen the case and support protective relief.

9) Civil damages: medical bills, lost income, moral damages

In Philippine criminal procedure, civil liability arising from the offense is generally included with the criminal action unless it is reserved or waived under the rules.

This is why you should keep:

  • Medical and pharmacy receipts
  • Proof of missed work/lost income
  • Repair estimates (if property was damaged)
  • Documentation of ongoing therapy/counseling (if psychological harm is relevant)

10) Common mistakes that weaken complaints (and how to avoid them)

  • Vague allegations (“He threatened me”) without quoting the threat, describing context, and showing evidence.
  • No medical documentation or delayed treatment documentation without explanation.
  • Submitting screenshots without context (missing sender identity, missing dates, cropped threads).
  • Not securing witness affidavits when witnesses exist.
  • Relying solely on barangay mediation when the situation is dangerous.
  • Continuing to engage the respondent in ways that muddy the timeline; keep communications minimal and preserve records.

11) Practical checklist: what to bring when filing

  • Valid ID(s)
  • Written timeline (printed)
  • Complaint-affidavit (prepared and notarized if required)
  • Medical certificate / medico-legal
  • Photos (printed + digital copies if accepted)
  • Screenshots/chat logs (printed + device available if verification needed)
  • Witness affidavits + IDs of witnesses if possible
  • Barangay Certificate to File Action (if your locality requires it and no exception applies)
  • Any police blotter reference

12) Simple complaint-affidavit template (starting point)

COMPLAINT-AFFIDAVIT I, [Name], of legal age, Filipino, and residing at [Address], after being duly sworn, state:

  1. Parties. I am the complainant. The respondent is [Name], residing at [Address if known].
  2. Incident. On [date] at around [time] in [place], respondent [describe acts causing injuries].
  3. Injuries. As a result, I suffered [describe injuries] and sought medical treatment at [facility]. Attached is my Medical Certificate/Medico-Legal as Annex “A”.
  4. Threats. Before/during/after the incident, respondent threatened me by stating, “[exact words]”. These threats were made via [in person / chat / call] on [date/time]. Screenshots/records are attached as Annex “B”.
  5. Witnesses. The incident/threats were witnessed by [names], whose affidavits are attached as Annex “C”, etc.
  6. Other evidence. [CCTV, photos, police blotter, etc.] are attached as Annex “D”, etc.
  7. Prayer. I respectfully request that the appropriate criminal charges be filed against respondent.

IN WITNESS WHEREOF, I have hereunto set my hand this [date] at [place]. [Signature / Name] SUBSCRIBED AND SWORN…

This is only a structural guide; local prosecutor offices may require specific formats and numbers of copies.


13) Choosing the “right” charge: a practical way to think about it

Because classification is technical, a good approach is to present complete facts and evidence and allow the prosecutor to determine the correct charge(s). When you file, you may indicate possible offenses (threats + physical injuries) but focus on:

  • Exact statements
  • Exact acts
  • Medical findings
  • Context (relationship, prior incidents, motive, demands, weapons, capability)

If you want, you can include a short section titled: “Possible Offenses” and list what you believe applies (e.g., grave threats, physical injuries, RA 9262 if applicable), but your strongest contribution is clear facts + solid evidence.


14) If you’re not sure where your situation fits

These are common scenarios and what people typically do:

  • Threats + assault by a partner/ex: consider RA 9262 + protection order + prosecutor filing (often without barangay conciliation).
  • One-time bar fight / altercation injuries: police blotter + medico-legal + physical injuries complaint at prosecutor; barangay conciliation may or may not apply depending on local rules and parties’ residences.
  • Online death threats from someone you know: preserve digital evidence + police cyber unit referral + prosecutor filing; consider additional remedies if harassment is repeated.
  • Threats from someone with a weapon / stalking behavior: prioritize safety and immediate police action; document each incident; explore protective remedies where available.

If you share (1) your relationship to the person (stranger, neighbor, partner/ex), (2) how the threat was delivered (in person, chat, phone), and (3) what the medical certificate says about the injury severity/healing period, I can map your facts to the most likely charge categories and a clean evidence-and-filing plan you can follow.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.