In the Philippines, a death threat is not merely a "bad joke" or an empty display of bravado; it is a criminal offense that the law takes with extreme gravity. Whether delivered in person, through a middleman, or via digital platforms, the legal system provides several avenues for protection and prosecution.
As of 2026, the landscape of criminal intimidation has evolved with the rise of AI-driven harassment, but the foundational principles of the Revised Penal Code (RPC) and supplemental special laws remain the primary shields for victims.
1. The Primary Offense: Grave Threats
The core law governing death threats is Article 282 of the Revised Penal Code (Grave Threats). A person commits this crime when they threaten another with the infliction of a wrong amounting to a crime (such as murder or homicide).
The Three Categories of Grave Threats:
- Conditional Threats (Purpose Attained): The offender demands money or imposes a condition, and the victim complies.
- Example: "Pay me ₱1,000,000 or I will kill you," and the victim pays.
- Conditional Threats (Purpose Not Attained): The offender imposes a condition, but the victim does not comply.
- Example: "Drop the lawsuit or you’re dead," but the victim refuses.
- Non-Conditional Threats: A straightforward threat to kill without any attached demands.
- Example: Shouting "I will kill you!" during an argument or sending a text saying "Your days are numbered."
Note: For a threat to be "Grave," it must be serious enough to create a well-founded fear in the mind of the victim that the offender is capable of and intends to carry out the threat.
2. Death Threats in the Digital Age: Cybercrime
If a death threat is sent via SMS, email, Facebook, X (formerly Twitter), or any other social media platform, it falls under Republic Act No. 10175 (Cybercrime Prevention Act of 2012).
Under Section 6 of this law, the penalty for any crime defined in the Revised Penal Code is increased by one degree if committed through information and communications technology (ICT). This means a threat made online carries a significantly harsher prison sentence than one made face-to-face.
3. Special Laws and Protective Measures
Depending on the relationship between the parties and the context of the threat, other laws may apply:
- R.A. 9262 (Anti-VAWC Act): If the threat comes from a husband, former husband, or a person with whom the victim has/had a dating relationship, it is considered psychological violence. Victims can apply for a Protection Order (Barangay, Temporary, or Permanent) to bar the offender from coming within a certain distance.
- R.A. 11313 (Safe Spaces Act / Bawal Bastos Law): If the threat is gender-based or involves online sexual harassment (e.g., "I will kill you because you're a [slur]"), this law provides additional penalties and administrative remedies.
4. Step-by-Step Legal Actions to Take
Step 1: Immediate Preservation of Evidence
Do not delete anything. In 2026, the Supreme Court has strict protocols for the admissibility of digital evidence.
- Screenshots: Capture the message, the sender’s profile/number, and the timestamp.
- Screen Recording: Record yourself scrolling through the conversation to prove it is not a manipulated image.
- Metadata: Keep the original device intact; do not factory reset it.
Step 2: Police Blotter and Investigation
Go to the nearest Philippine National Police (PNP) station.
- If the threat is online, coordinate with the PNP Anti-Cybercrime Group (ACG) or the NBI Cybercrime Division.
- Request a Police Blotter entry. This serves as an official record of the incident, which is vital for future court proceedings.
Step 3: Filing the Complaint-Affidavit
You must file a formal Complaint-Affidavit with the Office of the City or Provincial Prosecutor.
- The Prosecutor will conduct a Preliminary Investigation to determine if there is "probable cause."
- The offender (Respondent) will be given a chance to submit a Counter-Affidavit.
- If the Prosecutor finds sufficient ground, they will file a "Criminal Information" in court, and a warrant of arrest may be issued.
5. Penalties at a Glance
The duration of imprisonment varies based on the "degree" of the crime threatened:
| Type of Threat | Penal Code Penalty | Cybercrime Penalty (ICT) |
|---|---|---|
| Conditional (Attained) | 1 degree lower than the crime | Same degree as the crime threatened |
| Conditional (Not Attained) | 2 degrees lower than the crime | 1 degree lower than the crime |
| Non-Conditional | Arresto Mayor (1-6 months) | Prision Correccional (6 months-6 years) |
Fines for Grave Threats can also reach up to ₱100,000 under R.A. 10951.
6. Practical Safety Tips
- Vary Your Routine: Change your commute times and routes.
- Inform Authorities: If the threat is imminent, call 911.
- Civil Action: You can also sue for Damages (Moral and Exemplary) under the Civil Code of the Philippines, independent of the criminal case.
Procedural Checklist for Victims
- Secure digital/physical evidence (recordings, screenshots, letters).
- Report to the PNP or NBI to establish an official timeline.
- Consult with a lawyer to draft the Complaint-Affidavit.
- Apply for a Protection Order if the offender is a known associate or relative.
- Monitor the Prosecutor's resolution to ensure the case is elevated to court.