How to File and Follow Up on a Criminal Complaint Involving Threats in the Philippines

Disclaimer: The following article provides general information only and should not be construed as legal advice. For specific concerns and questions about your situation, consult a qualified attorney licensed in the Philippines.

How to File and Follow Up on a Criminal Complaint Involving Threats in the Philippines

Threats can take many forms—whether verbal, written, or conveyed through electronic means—and can be considered a crime under certain circumstances in the Philippines. It is important to understand the relevant laws, the proper procedure for filing a complaint, and how to effectively follow up on the progress of your case. This article provides a comprehensive guide on these matters in a Philippine context.

1. Understanding the Legal Basis for Threats as a Criminal Offense

Under Philippine law, “threats” can be penalized under the Revised Penal Code (RPC). The specific provisions applicable often depend on the nature and severity of the threat:

  1. Grave Threats (Article 282, RPC)

    • Occur when a person threatens another with a wrong amounting to a crime (e.g., threats of death or bodily harm) and demands money or imposes a condition, whether lawful or unlawful.
    • Punishable by penalties depending on whether the threat is conditional or not, and the gravity of the threatened act.

  2. Light Threats (Article 283, RPC)

    • Occur when a person threatens another with a wrong not amounting to a crime, or when there’s no demand for money or imposition of a condition but the threat is of a harmful or unlawful act.

  3. Other Forms of Threats (Article 285, RPC)

    • Applies to less serious or immediate threats, including those committed in a slightly different manner from grave or light threats.

  4. Cyber-Related Threats

    • If the threat is made through electronic means (e.g., online posts, social media messages), it may also involve the Cybercrime Prevention Act of 2012 (Republic Act No. 10175). This can lead to additional or separate charges, depending on the circumstances.

Determining the proper classification of the threat is crucial, as it affects how you will file the complaint and the possible penalties that the offender may face.

2. Gathering Evidence

Before filing any complaint, it is important to gather as much evidence as possible to strengthen your case:

  1. Document or Record the Threat

    • If the threat was verbal, note down the exact words stated, the date, the time, the location, and any witnesses present.
    • If the threat was written (text message, email, social media post, handwritten note), save or take clear screenshots, photographs, or make photocopies.

  2. Identify Possible Witnesses

    • If other individuals heard or saw the threat being made, secure their names and contact details. Their testimony can be vital.

  3. Preserve Communication Devices (If Applicable)

    • Do not delete messages or throw away items that may serve as evidence.
    • Keep original versions of electronic devices or documents where the threats were made, if possible, as these can be presented to investigators or in court.

  4. Police Blotter Entry

    • You may initially report the incident to the nearest police station. The police blotter entry serves as a formal record that can be referenced in future legal proceedings.

3. Attempting Barangay Conciliation (If Applicable)

Certain disputes or cases involving minor offenses may first require mediation or conciliation at the barangay level under the Katarungang Pambarangay Law (Presidential Decree No. 1508, as amended by the Local Government Code). However, the necessity of barangay conciliation often depends on:

  • The nature of the threat (how serious or “grave” it is).
  • Whether the act or threat itself is among those cases subject to mandatory barangay conciliation (some crimes punishable by imprisonment above a certain threshold are excluded).

If the complaint falls under the mandatory barangay conciliation process:

  1. Proceed to the barangay hall where the respondent (the person making the threat) or complainant resides.
  2. File a written complaint with the Barangay Captain or Lupong Tagapamayapa.
  3. Attend mediation or conciliation hearings.

If the threat is deemed grave or serious, the barangay may certify the case for filing in court without requiring conciliation. Always verify with your barangay officials or a legal professional if your particular case requires barangay-level settlement first.

4. Filing the Criminal Complaint

If barangay conciliation is not required, or if the case is referred to higher authorities after failed conciliation, the next step is to formally file a criminal complaint.

  1. Where to File

    • Prosecutor’s Office: Most commonly, complaints are filed with the Office of the City or Provincial Prosecutor where the offense was committed.
    • Philippine National Police (PNP) or National Bureau of Investigation (NBI): You may also file your complaint at the police station, which will then refer the case to the prosecutor’s office. For cyber-related threats, the NBI Cybercrime Division is also an option.

  2. Complaint Affidavit

    • A complaint affidavit is a written statement detailing the facts of the case, stating the legal ground (the specific crime committed), and identifying the respondent.
    • Attach all relevant evidence (documents, screenshots, witness statements) to support your allegations.
    • If you are unfamiliar with how to draft a complaint affidavit, you may seek assistance from a lawyer or the Public Attorney’s Office (PAO) if you qualify for free legal aid.

  3. Supporting Affidavits from Witnesses

    • If there are witnesses, secure their affidavit or sworn statement. Each witness must narrate his or her own observations or knowledge of the threats.

  4. Filing Fees and Other Costs

    • Typically, there are no filing fees for criminal complaints. However, you may incur costs for notarizing affidavits, photocopying, or acquiring certified true copies of documents.

  5. Receiving a Docket Number

    • Once filed, your case is assigned a docket number. This number is essential for any follow-up or inquiries about the status of your complaint.

5. Preliminary Investigation

After filing, the prosecutor will conduct a preliminary investigation to determine if there is probable cause to charge the respondent in court:

  1. Notice and Counter-Affidavit

    • The prosecutor will notify the respondent, who will be asked to submit a counter-affidavit.
    • You may be required to file a reply-affidavit in response to the counter-affidavit.

  2. Clarificatory Hearing (If Needed)

    • The prosecutor may schedule a hearing if clarifications are needed from either party.

  3. Resolution by the Prosecutor

    • If the prosecutor finds probable cause, a resolution recommending the filing of an Information in court will be issued.
    • If the prosecutor does not find enough evidence, the complaint may be dismissed.

  4. Motion for Reconsideration or Appeal

    • If your complaint is dismissed, you can file a Motion for Reconsideration with the same prosecutor’s office.
    • If the dismissal is upheld, you may appeal to the Department of Justice (DOJ).

6. Court Proceedings

If the prosecutor files an Information in court:

  1. Raffle to a Trial Court

    • The case is raffled to a specific branch of the Regional Trial Court (RTC) or Metropolitan Trial Court (MeTC), depending on the penalty attached to the crime.

  2. Arraignment and Plea

    • The accused will be arraigned and asked to enter a plea (guilty or not guilty).

  3. Pre-Trial and Trial

    • In the pre-trial conference, issues are simplified, and evidence is identified.
    • During the trial, both prosecution and defense present their evidence and witnesses.

  4. Judgment and Possible Sentencing

    • If found guilty beyond reasonable doubt, the court will impose the appropriate penalty.
    • If acquitted, the accused is free from criminal liability.

7. Following Up on Your Case

Keeping track of your case is crucial to ensure progress:

  1. Regular Check-Ins with the Prosecutor’s Office

    • Visit or call the prosecutor’s office and provide your docket number for updates on the preliminary investigation or resolution.

  2. Monitor Court Schedules

    • If the case is elevated to court, stay updated on hearing dates.
    • Coordinate with your lawyer or the public prosecutor to ensure you are informed of any changes or developments.

  3. Attend Court Hearings

    • As the complainant, you may be required to testify and present evidence. Regular attendance is important, as failing to appear can weaken your case.

  4. Request for Certified True Copies of Documents

    • To keep your own records accurate, you can request certified copies of resolutions, Information sheets, and court orders from the prosecutor’s office and the court.

  5. Communication with Law Enforcement

    • If the accused continues to issue threats or violates conditions (e.g., if the court issues a protective order), inform the prosecutor, your lawyer, or local law enforcement immediately.

8. Possible Outcomes and Remedies

  1. Finding of Probable Cause and Filing of Information

    • If the prosecutor finds enough evidence, the case proceeds to trial.

  2. Dismissal of the Complaint

    • If there is insufficient evidence, the complaint may be dismissed at the prosecutor’s level.
    • As the complainant, you can file a Motion for Reconsideration or appeal to the DOJ.

  3. Acquittal or Conviction

    • If the case goes to trial, the judge will decide based on the evidence presented.
    • Conviction can lead to imprisonment or fines, depending on the severity of the threats.

  4. Civil Liability

    • Some acts of threat may also give rise to civil liability (e.g., damages). Consult your lawyer on whether to pursue a civil case for damages arising from the crime.

9. Practical Tips and Reminders

  • Safety First: If the threat is serious and imminent, prioritize your personal safety. Report to the police or seek a protection order if warranted (e.g., if it qualifies under laws related to violence against women and children, in case of intimate partner threats).
  • Legal Counsel: Whenever possible, seek the assistance of a private lawyer or the Public Attorney’s Office to guide you through the process.
  • Documentation is Key: Keep meticulous records—everything from text messages to police blotter entries and receipts for legal expenses.
  • Respect Confidentiality: Avoid publicly discussing details of an ongoing case, especially on social media, as it may affect the proceedings.

Conclusion

Filing a criminal complaint for threats in the Philippines involves understanding the relevant provisions of the Revised Penal Code (and possibly the Cybercrime Prevention Act, if electronic means are used), gathering sufficient evidence, and following legal processes at the barangay, prosecutor, and court levels. Proper documentation, timely filing of affidavits, and collaboration with law enforcement and prosecutorial authorities are essential in moving the case forward.

If you believe you have a valid complaint, consult a lawyer for personalized legal advice. With the correct steps, diligence, and legal guidance, you can better protect your rights and seek justice for any unlawful threats made against you.

Disclaimer: This article is for informational purposes only and does not substitute for professional legal advice. Laws and procedures may change; consult a qualified lawyer or the appropriate government agencies for the most up-to-date information.

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

Privacy Policy

Terms of Use

Lawyer Login

 
 
Privacy Policy         Terms of Use         Lawyer Login