A Legal Overview and Practical Guide

I. What Is an “Online Threat”?

In Philippine law, there is no single statute called “online threat law,” but a threat made through the internet or electronic means is generally treated as:

A crime under the Revised Penal Code (RPC) (e.g., grave threats),
Sometimes a cybercrime under the Cybercrime Prevention Act of 2012 (RA 10175) when the threat is committed through a computer system, and/or
A form of online harassment, cyberbullying, or gender-based online sexual harassment under special laws.

An “online threat” commonly covers:

Direct threats to kill, injure, or kidnap a person or their family.
Threats to damage property (e.g., “I’ll burn your house”).
Threats to expose intimate photos or private information (extortion, blackmail).
Threats combined with stalking, harassment, or defamation via social media, messaging apps, email, forums, etc.

The key idea: the law targets the content and intent of the threat, not the medium. The fact that it is done online affects the classification, venue, penalties, and handling of evidence.

II. Legal Bases: Substantive Laws Involved

1. Revised Penal Code (RPC) – Threats

While the exact article numbers can vary in amended texts, the RPC generally penalizes:

Grave Threats When a person threatens another with a wrong amounting to a crime (e.g., killing, serious physical injuries, arson), with or without a condition. The threat may be made in writing or through a means of communication — which now includes online messages and posts.
Light or Other Threats Threats involving lesser harm or wrong not amounting to a serious crime, often treated more lightly.

The basic elements usually include:

The offender threatens another person;
The threat involves wrongful harm (life, limb, liberty, property, honor);
The threat is unlawful and deliberately made to intimidate or coerce.

When committed online, the nature of the evidence is electronic, but the crime is still “threats” under the RPC, possibly qualified as a cybercrime.

2. Cybercrime Prevention Act of 2012 (RA 10175)

RA 10175 does two big things relevant to online threats:

It creates specific cybercrimes (e.g., cyber-libel).
It declares that certain existing crimes under other laws, when committed through a computer system, become “cybercrime” versions with higher penalties.

Online threats usually fall under:

“Cyber-related offenses” – where traditional crimes like threats are carried out using ICT (internet, social media, email, etc.).
The law often provides one degree higher penalty for the same offense when ICT is used.

RA 10175 also provides:

Powers for law enforcement to preserve, collect, and examine computer data;
Jurisdiction rules (e.g., crimes committed with a computer system even if part of the act or damage occurs in the Philippines);
The framework for cooperation with service providers (e.g., to get subscriber information, logs).

3. Gender-Based Online Sexual Harassment (RA 11313 – Safe Spaces Act)

The Safe Spaces Act penalizes gender-based online sexual harassment, which includes:

Unwanted sexual remarks or lewd comments online,
Threats that involve sexual violence,
Uploading or threatening to upload someone’s intimate images,
Persistent unwanted online advances and stalking.

If an online threat has a gender-based or sexual component (e.g., threats of rape, sexual harm, sharing intimate photos), this law may apply in addition to the RPC and RA 10175.

4. Anti-Violence Against Women and Their Children Act (RA 9262)

If the online threat is made by:

A husband, ex-husband,
A boyfriend, ex-boyfriend,
Someone with whom the woman has or had a sexual or dating relationship, or
The father of her child,

and it causes psychological, emotional distress, or fear, it may fall under RA 9262 as:

Psychological violence;
Harassment or threats causing emotional suffering.

The victim can then seek:

Protection Orders (Barangay / Temporary / Permanent),
Criminal prosecution of the abuser,
Support and damages.

5. Laws Protecting Children and Students

For online threats involving minors:

Anti-Child Pornography Act,
Special Protection of Children Against Abuse, Exploitation and Discrimination Act,
Anti-Bullying Act of 2013 (for schools, where online bullying may be covered by anti-bullying policies),

can come into play, particularly if threats are accompanied by sexual content, bullying, or exploitation.

6. Data Privacy Act (RA 10173)

Not usually the main basis of a criminal complaint for threats, but may be relevant if the threat involves:

Unlawful access to personal data,
Threats to expose confidential personal information.

III. Jurisdiction and Venue for Online Threat Cases

Because online threats can cross borders and platforms, jurisdiction can be complex. But generally:

Philippine courts have jurisdiction if any essential element of the offense occurred within the Philippines, or
The damage was suffered in the Philippines (e.g., victim is in the Philippines and feels the harm here), or
RA 10175’s rules apply where a computer system in the Philippines is involved.

Venue (where to file the criminal complaint) is usually:

The place where the threat was received/read (e.g., where the victim was when they opened the message);
The victim’s place of residence (for some special laws);
For RA 9262 cases, the place where the victim actually resides is recognized for filing.

IV. Evidence in Online Threat Complaints

1. Types of Electronic Evidence

In an online threat case, key evidence usually includes:

Screenshots of chats, posts, emails, DMs, comments, and profiles.
URLs, usernames/handles, timestamps.
Device screenshots showing date/time, sender, platform.
Copies of emails (including headers, if possible).
Logs and subscriber information from service providers.

Other supporting evidence:

Witness testimonies (e.g., people who saw the threats).
Psychological or medical reports, if the threats caused emotional or physical effects.
Affidavits from IT experts, if necessary, to explain technical aspects.

2. Rules on Electronic Evidence (A.M. No. 01-7-01-SC)

The Supreme Court’s Rules on Electronic Evidence govern:

Admissibility: electronic documents (e.g., screenshots, emails) are admissible if authenticated.
Authentication: proof that the electronic document is what it purports to be. This can be done by:
- Testimony of a person who saw/received the message,
- Evidence of connection between the account and the accused (e.g., past communications, admissions, known email/username),
- Expert testimony or system logs, in more complex cases.

The best practice is to keep original digital copies (not just edited screenshots), and to avoid altering metadata.

3. Preservation of Evidence

Victims should immediately:

Screenshot and save the threatening messages;
Back up evidence to multiple secure locations (e.g., external drive, cloud);
Avoid deleting conversations, posts, or accounts unless advised by authorities;
Note down details:
- Date/time received,
- Platform used,
- Any known information about the sender (full name, username, mobile number, email, etc.).

Law enforcement can also request preservation from service providers under RA 10175 to ensure that logs and data are not deleted.

V. Where and How to File an Online Threat Complaint

An online threat can be the basis for criminal, civil, and sometimes administrative complaints. The main focus here is criminal complaint.

1. Law Enforcement Agencies

You may report to:

PNP – Anti-Cybercrime Group (PNP-ACG) For cybercrime-related threats (social media, online messaging, hacking plus threats, etc.).
NBI – Cybercrime Division For more technical cases or when the identity of the perpetrator is unknown and needs investigation.

Generally, they may:

Take your statement and evidence;
Assist in identifying the suspect (requesting information from platforms / telcos);
Prepare a referral or complaint for filing with the prosecutor’s office.

2. Office of the City/Provincial Prosecutor (DOJ)

For a criminal complaint:

You (or your lawyer) prepare a Complaint-Affidavit stating:
- Your personal details,
- Facts of the case (who, what, when, where, how),
- The specific threats and their impact on you,
- Laws violated (e.g., grave threats under the RPC, as a cybercrime under RA 10175, and/or violation of RA 11313, RA 9262, etc.).
Attach:
- Copies of your evidence (screenshots, printouts) properly labeled,
- Your supporting documents (IDs, certificates, medical/psychological reports if any),
- Affidavits of witnesses, if applicable.

The Prosecutor will then:

Conduct preliminary investigation – notify the respondent to submit a Counter-Affidavit.
Evaluate if there is probable cause to file an Information in court.
Recommend filing in the proper court, or dismissal if evidence is insufficient.

3. Barangay Proceedings

For some less serious threats and if the parties live in the same city/municipality, the Katarungang Pambarangay Law may require the complaint to pass through barangay conciliation first, except when:

The offense is punishable by more than a certain threshold or
Where special laws (e.g., RA 9262) provide otherwise, or
The parties do not reside in the same city/municipality, or
There is an urgent need for immediate court intervention (e.g., protection order).

If barangay conciliation applies:

File a complaint at the Barangay Hall;
Attend mediation and, if needed, conciliation with the Lupong Tagapamayapa;
If no settlement, obtain a Certificate to File Action, which is required before going to court (for covered cases).

4. Special Remedies for Women and Children (RA 9262, RA 11313)

For women and children threatened online by intimate partners, ex-partners, or those in a relationship:

You may directly apply for Protection Orders, which can include:
- Prohibiting the perpetrator from contacting you online or offline;
- Ordering them to stay away from your residence, workplace, school;
- Other reliefs to protect your safety.

These can be filed in:

Barangay (for Barangay Protection Orders),
Family courts or other courts with jurisdiction (for Temporary and Permanent Protection Orders).

VI. Drafting and Structuring an Online Threat Complaint-Affidavit

A well-prepared complaint-affidavit typically includes:

Heading / Title Name of the parties, office of the prosecutor, and the nature of the complaint (e.g., For: Grave Threats under the RPC in relation to RA 10175, and Violation of RA 11313).
Introduction
- Name, age, citizenship, address of the complainant.
- Short opening statement that you are filing a complaint against [Name/Unknown Person using account ___] for online threats.
Statement of Facts Organized chronologically:
- How you know the respondent, if at all.
- When and how the first threat was sent (date, time, platform).
- Direct quotations of the threatening messages (in original language, with translation if needed).
- How many times threats were made and under what circumstances.
- The effect on you (fear, inability to work, stress, etc.).
Legal Allegations
- Cite that the acts constitute grave threats/light threats under the RPC,
- Committed through a computer system, hence a cybercrime under RA 10175.
- If applicable, allege violations of RA 11313 (gender-based online harassment), RA 9262 (violence against women and children), etc.
Evidence List
- Enumerate annexes: “Annex A – Screenshot of Facebook messages dated ___”;
- “Annex B – Printout of Instagram DM dated ___”;
- “Annex C – Copy of police blotter report,” etc.
Prayer
- That the respondent be charged and prosecuted;
- That the prosecutor recommend appropriate protective measures, if applicable.
Verification and Certification
- Sworn statement that the contents are true and correct, and that you do not file the case for harassment or similar improper purpose, if required.

The affidavit must be subscribed and sworn before a prosecutor or notary public.

VII. Dealing With Anonymous or Fake Accounts

Many online threats come from:

Fake profiles,
Anonymous usernames,
Unregistered numbers.

In such cases:

Still preserve all evidence.
File a blotter or initial report with police/NBI.
Law enforcement may request from the platform or telco:
- IP addresses,
- Subscriber information,
- Log-in records, under the framework of RA 10175 and related rules.

However:

Unmasking anonymous users is limited by data privacy rules, platform policies, and international cooperation issues.
Results are not always guaranteed, especially if the perpetrator uses foreign or privacy-focused services.

VIII. Civil and Administrative Remedies

Aside from criminal action, the victim of an online threat may also:

File a Civil Case for Damages
- Based on the Civil Code (e.g., Article 19, 20, 21 – abuse of rights, acts contrary to law or morals, etc.).
- Claim moral, exemplary, and actual damages for the threat and its consequences (e.g., therapy costs, loss of income).
Complain to Platforms or Employers
- Report the offending account to social media platforms for suspension or removal.
- If the perpetrator is a co-employee, complaint may be filed with HR or internal grievance mechanisms, possibly resulting in administrative sanctions.
School and Workplace Policies
- Anti-bullying policies in schools and codes of conduct in companies may treat online threats as serious violations.
- Separate disciplinary proceedings can occur even while criminal complaints are pending.

IX. Defenses and Limits

While threatening behavior can and should be reported, the law also protects against:

False accusations;
Mischaracterizing strongly worded criticism as “threats” when there is no actual threat of unlawful harm;
Freedom of expression (e.g., legitimate complaints, whistleblowing, or criticism, even if harsh, that does not involve unlawful threats).

The accused may assert defenses such as:

Lack of intent to threaten (e.g., joke without malicious intent, though context matters);
Impersonation (their account was hacked or cloned);
No unlawful harm actually threatened;
Insufficient identification that they are the author of the online messages.

Ultimately, it is the prosecutor and the court that decide whether the behavior crosses the line into a punishable threat.

X. Practical Tips for Victims of Online Threats

Take threats seriously, especially if they are specific (time, place, method) or repeated.
Preserve all evidence immediately – don’t rely on platforms keeping records forever.
Inform trusted persons (family, friends, employer, school) for support and safety.
Consider blocking or muting the perpetrator, but do not delete messages and accounts until advised.
For minors or vulnerable persons, involve parents/guardians and, if necessary, social workers.
Consult a lawyer or seek assistance from government agencies and NGOs specializing in cybercrime, women’s rights, or child protection.
In urgent cases where you fear for your immediate safety, contact local authorities and, if necessary, your barangay or police station right away.

XI. Closing Note

Online threats are not “just words.” In Philippine law, they can lead to criminal liability, civil liability, and protective remedies, especially when coupled with harassment, gender-based violence, or abuse of women and children. The digital nature of the threat changes how evidence is collected and where complaints are routed, but the fundamental principle remains: no one may unlawfully threaten another’s life, safety, honor, or property – online or offline – without answering to the law.

This overview is general information, not a substitute for legal advice. For specific situations, especially those involving real danger, complex relationships, or multiple jurisdictions, it is crucial to consult a qualified lawyer or appropriate authorities.