How to File Criminal Complaints for Threats and Physical Assault in the Philippines

1) Quick safety-first checklist (before the paperwork)

If there is ongoing danger, prioritize safety and evidence preservation:

Get to a safe place and contact trusted family/friends.
Call emergency services (e.g., 911 where available) or your nearest police station.
Seek medical care immediately for injuries. Ask for:
- Medical certificate (initial findings)
- If possible, a medico-legal examination (often through government hospitals or PNP medico-legal).
Document everything:
- Photos of injuries (with date/time if possible), torn clothing, damaged items
- Screenshots of threats (include profile, date/time, URL if any)
- Save chats/emails and back them up (cloud, USB)
- Note witnesses and their contact details
- Secure CCTV footage quickly (many systems overwrite within days)

These steps strengthen the criminal complaint and help if you need urgent protective measures.

2) What counts as “threats” and “physical assault” under Philippine law

A. Threats (commonly charged under the Revised Penal Code)

Threats can be prosecuted even if no physical harm happened yet. The charge depends on the nature of the threat and circumstances.

Common threat-related offenses:

Grave threats (threatening to commit a wrong that amounts to a crime, e.g., “I will kill you,” “I will burn your house,” with conditions or other circumstances)
Light threats (less severe threats in certain contexts)
Other forms of coercive conduct may be charged depending on the facts (e.g., coercion, unjust vexation-type behavior under older practice; courts/prosecutors may classify conduct differently based on current jurisprudence and local practice)

Key idea: The more specific, credible, and serious the threat (and the more it creates fear or compels action), the more likely it is treated as a criminal offense.

B. Physical assault (usually prosecuted as “physical injuries”)

In everyday language, “physical assault” often refers to battery/physical attack. Under the Revised Penal Code, the usual charges are:

Slight physical injuries (minor injuries; often healing in a short period or minimal incapacity)
Less serious physical injuries
Serious physical injuries (more severe harm, longer incapacity, or lasting effects)

Important: The category depends heavily on:

Medical findings (extent of injury)
Days of medical attendance/incapacity stated in the medical certificate
Whether there are aggravating circumstances (use of weapon, abuse of strength, relationship, etc.)

C. If the suspect attacked an authority figure (or you were aiding one)

If the incident involves a public officer/person in authority (or their agent) performing official duties, different offenses like direct assault or resistance/disobedience may apply. For ordinary civilian-on-civilian violence, prosecutors typically use physical injuries (or other applicable crimes like robbery with violence, etc., depending on facts).

D. If the offender is an intimate partner or family member (VAWC may apply)

If the victim is a woman (or her child) and the offender is a husband, ex-husband, boyfriend, ex-boyfriend, live-in partner, etc., conduct involving physical violence, threats, harassment, intimidation, stalking, and similar acts may fall under R.A. 9262 (Anti-VAWC).

Why this matters: VAWC cases have special remedies like Barangay Protection Orders (BPO) and court-issued protection orders, and they can cover patterns of psychological abuse and threats that might be harder to capture under generic threat provisions.

E. Online threats / harassment

If threats are sent through social media, messaging apps, email, or other digital means, prosecutors may consider:

Traditional threat provisions plus
Possible application of cybercrime-related laws depending on the act (this is very fact-specific)

Practical note: Online evidence must be preserved carefully (screenshots, export chat logs, URLs, device custody). In many cases, service provider data requires legal process to obtain.

3) Where to file: Police, Prosecutor, Court, Barangay (and when each applies)

A. Police station (PNP) / Women and Children Protection Desk (WCPD)

Go to the police to:

Make a blotter entry (official incident record)
Request assistance, safety intervention, referral for medico-legal
If the offender is caught in flagrante (during/just after the act), police may proceed with warrantless arrest (subject to legal requirements)
Coordinate evidence handling (CCTV retrieval, witness statements)

Blotter is not the same as filing a criminal case, but it helps document timelines and supports later filings.

B. Office of the City/Provincial Prosecutor (most common route)

Most criminal complaints by private individuals are filed here for preliminary investigation (or appropriate evaluation).

You submit:

Complaint-Affidavit
Supporting affidavits (witnesses)
Documentary/physical evidence

If the prosecutor finds probable cause, they file an Information in court.

C. Direct filing in court (limited situations)

Some less serious offenses may be filed directly with the proper first-level courts (MTC/MTCC/MCTC) depending on the penalty and procedure applicable. In practice, many complainants still start at the prosecutor’s office for screening, guidance, and completeness—unless local rules or circumstances make direct filing appropriate.

D. Barangay: Katarungang Pambarangay (KP) conciliation—when required

For many disputes between individuals living in the same city/municipality, the law may require you to undergo barangay conciliation/mediation first (Lupon). If settlement fails, the barangay issues a Certificate to File Action—often needed before the prosecutor/court will take the case.

Common KP exceptions (where you can usually file directly):

The respondent lives in a different city/municipality
The offense is serious, urgent, or involves public interest considerations
Circumstances where mediation is not appropriate (e.g., certain protected relationships or where safety is at risk—this is especially relevant in many VAWC contexts)

Practical tip: If there are threats and safety risks, ask the police/prosecutor about bypassing KP and pursuing protective measures.

4) Step-by-step: Filing a criminal complaint for threats or physical injuries

Step 1: Build your evidence packet

At minimum, aim for:

For physical assault / injuries

Medical certificate / medico-legal report
Photos of injuries (before they fade), location photos
Witness affidavits (if any)
CCTV footage (secure ASAP)
Police blotter entry (helpful)

For threats

Screenshots showing:
- the threatening message
- sender identity (profile, number, account)
- timestamps
- surrounding context (to avoid “edited/selected” allegations)
Audio/video recordings (if available)
Witnesses who heard threats (especially for verbal threats)
Any history showing credibility (prior incidents, stalking patterns)

Step 2: Prepare a Complaint-Affidavit (the core document)

A complaint-affidavit is a sworn narrative of facts.

It usually includes:

Your personal circumstances (name, age, address, etc.)
The respondent’s details (as complete as possible)
Chronological narration of what happened (who/what/when/where/how)
Exact words of the threat (quote verbatim where possible)
Injuries sustained and treatment received
List of evidence attached (marked as Annex “A”, “B”, etc.)
A request to file charges

Notarization: It must be subscribed and sworn to before a prosecutor (in some offices) or a notary public, depending on local practice. Many prosecutor’s offices have specific instructions—follow their format to avoid delays.

Step 3: File at the Prosecutor’s Office (or appropriate venue)

Bring:

Multiple copies (often 3–5 sets) of affidavits and attachments
Valid IDs
Contact details of witnesses

The office will docket the complaint and schedule steps for evaluation.

Step 4: Respondent is required to answer (counter-affidavit)

Typically, the respondent is served a subpoena and asked to file a counter-affidavit. You may be allowed/required to file a reply-affidavit. Some offices set clarificatory hearings; others resolve based on submissions.

Step 5: Prosecutor resolution

Possible outcomes:

Probable cause found → case is filed in court (Information)
Dismissal for lack of probable cause → remedies may exist (e.g., motion for reconsideration within the prosecution service, depending on rules and timelines)

Step 6: Court proceedings

Once in court:

Arraignment, pre-trial, trial
You may be asked to testify and identify evidence
Courts may encourage settlement for certain minor offenses (but not all cases are compromiseable)

5) Choosing the “right” charge: practical guidance

Prosecutors determine the final charge based on evidence. Still, it helps to understand how facts map to likely charges.

For physical attacks

If there is any injury, even minor, medical documentation is key.
If there are no visible injuries, charges may still be possible, but evidence becomes more challenging (witnesses, video, etc.).

For threats

Stronger cases usually show:

Specific threatened harm (what will be done)
A credible capacity or intent (context matters)
Repetition/pattern or accompanying harassment
The threat caused fear or compelled behavior (not always required, but often persuasive)

If both happened

It is common to file for physical injuries and also include threats if they are separate acts or part of the same incident sequence.

6) Prescription (deadlines) — do not delay

Criminal cases have prescriptive periods (time limits). Under general Revised Penal Code rules, light offenses prescribe very quickly (often measured in months). Many “minor injury” cases can fall into categories that prescribe sooner than people expect.

Practical takeaway: File as early as possible—especially for minor injuries or less serious threat situations—so the case does not prescribe.

(Exact prescription can vary by classification and any special law involved; a prosecutor or lawyer can confirm the applicable period for your specific facts.)

7) Protective measures you can seek (especially when threats are ongoing)

A. If VAWC applies (R.A. 9262)

You may seek:

Barangay Protection Order (BPO) (barangay-level immediate protection in eligible circumstances)
Temporary Protection Order (TPO) and Permanent Protection Order (PPO) from the courts

These can include stay-away orders and other protective conditions.

B. Police assistance

Police can:

Document incidents
Help prevent escalation
Guide you to appropriate remedies
Act when there is an arrest situation allowed by law

If you fear immediate harm, emphasize urgency and ask about protective options available in your locality.

8) Evidence and affidavit tips that prevent dismissals

Affidavit writing tips

Use dates, times, locations, and exact words of threats where possible.
Keep it factual; avoid conclusions like “he is crazy” or “she is evil.”
Identify witnesses and state what each personally saw/heard.
Attach evidence properly and label:
- Annex “A” – Medical Certificate
- Annex “B” – Photos
- Annex “C” – Screenshots/printouts
- Annex “D” – CCTV certification/USB (if provided)
If you edited/blurred screenshots, keep original copies to show authenticity.

Digital evidence handling

Keep the original device if possible (or at least preserve original files).
Avoid re-saving screenshots repeatedly (metadata loss).
Save chats via export features when available.
Record URLs, usernames, profile links, phone numbers.
Consider printing screenshots with visible timestamps and context.

Medical documentation

If you delay medical consultation, the defense may argue injuries were not from the incident.
Return for follow-ups if symptoms evolve; updated medical notes can matter.

9) What happens if the respondent is arrested immediately (inquest vs regular filing)

If the suspect is lawfully arrested without a warrant (e.g., caught in the act), the case may go through inquest proceedings. You may be asked to:

Execute a sworn statement
Provide supporting evidence quickly
Attend prosecutor evaluation on short timelines

If no arrest occurs, the normal route is filing your complaint for evaluation/preliminary investigation.

10) Costs and legal help

Prosecutor filing is generally accessible, but photocopying, notarization, medical certificates, and transport may cost money.
If you qualify as indigent, you may seek assistance from the Public Attorney’s Office (PAO) (subject to eligibility rules).
Private counsel can help especially when:
- There are multiple incidents, complex evidence, or cyber elements
- There is a need for protection orders
- You anticipate defenses like denial, alibi, “fabrication,” or counter-charges

11) Common pitfalls

Waiting too long (risk of prescription; loss of CCTV; fading injuries)
No medical documentation for physical injuries
Screenshots without identity/time context
Filing in the wrong venue or missing KP requirements where applicable
Overstating claims not supported by evidence (hurts credibility)
Not listing witnesses early (witnesses become harder to locate later)

12) Simple Complaint-Affidavit template (starter format)

COMPLAINT-AFFIDAVIT I, [Name], of legal age, Filipino, residing at [address], after having been duly sworn, depose and state:

That I am the complainant in this case.

That respondent [Name], residing at [address if known], may be served with notices at [address/contact].

On [date], at about [time], in [place], respondent [did acts].

[Narrate facts in chronological order: what happened, what was said, how you were harmed.]

As a result, I suffered [injuries], as shown by the medical certificate/medico-legal report attached as Annex “A.”

Respondent also threatened me by saying, “[exact words],” through [in person / chat / call] on [date/time], as shown by Annex “B.”

I am executing this affidavit to file the appropriate criminal charges against the respondent and for all other legal purposes. PRAYER: Wherefore, premises considered, I respectfully request that criminal charges be filed against respondent for [physical injuries and/or threats] and such other offenses as may be warranted by the evidence. [Signature] SUBSCRIBED AND SWORN to before me this [date] at [place].

Local prosecutor offices sometimes have preferred formatting—use their checklist if provided.

13) If you’re deciding what to do next

If you describe (even briefly) what kind of threat (exact words, where sent), what injuries (medical finding/days), relationship (stranger/neighbor/partner/ex), and where you and the respondent live, it becomes much easier to map:

likely charges,
whether barangay conciliation is required,
and what protective options are available.