I. Introduction
Threats—whether delivered face-to-face, through a phone call, or via social media—can cause real fear, disrupt daily life, and, in extreme cases, escalate to physical harm. In the Philippines, the law treats both offline and online threats seriously. Offline threats are usually prosecuted under the Revised Penal Code (RPC), while online threats fall under the Cybercrime Prevention Act of 2012 (R.A. 10175) in conjunction with the RPC. Victims have a clear path to justice: file a criminal complaint, secure a protection order, and, if necessary, preserve digital evidence for court.
This article exhaustively covers (1) the legal definitions and punishable acts, (2) step-by-step filing procedures, (3) protection remedies, (4) evidentiary rules, (5) special considerations for vulnerable victims, and (6) practical tips to avoid common pitfalls.
II. Legal Framework
A. Offline Threats (RPC)
| Article | Crime | Elements | Penalty |
|---|---|---|---|
| Art. 282 | Grave Threats | 1. Threat to inflict a wrong amounting to a crime 2. Demand for money or imposition of a condition 3. Threat is not subject to a condition (if conditional, lighter penalty) |
Arresto mayor (1 month 1 day – 6 months) + fine ≤ ₱40,000 (if no condition) Prisión correccional (6 months 1 day – 6 years) if conditional |
| Art. 283 | Light Threats | Threat to inflict a wrong not constituting a crime (e.g., “I will slap you”) | Arresto menor (1–30 days) or fine ≤ ₱20,000 |
| Art. 285 | Other Light Threats & Coercion | Blackmail, repeated harassment without demand | Arresto menor or fine |
Key Doctrine: People v. Olarte (2018) – The threat must be real, imminent, and unconditional to qualify as grave; mere angry words do not suffice.
B. Online Threats (R.A. 10175 + RPC)
| Section | Crime | Elements | Penalty |
|---|---|---|---|
| Sec. 4(a)(1) | Cyber-libel (when threat is defamatory) | Public & malicious imputation via ICT | RPC penalty + 1 degree higher |
| Sec. 6 | All RPC crimes committed via ICT | Use of computer system as means or medium | RPC penalty + 1 degree higher |
| Sec. 4(c)(4) | Online Harassment / Cyberbullying | Repeated offensive messages causing substantial emotional distress | Prisión correccional (6 mos 1 day – 6 yrs) |
Landmark Case: Disini v. Secretary of Justice (G.R. No. 203335, 2014) – The Supreme Court upheld the constitutionality of online libel but struck down the “one degree higher” penalty for spontaneous comments.
C. Overlap & Choice of Charge
- A single Facebook post saying “I will kill you and your family if you don’t pay ₱50,000” can be charged as:
- Grave Threats (Art. 282 RPC) + Cybercrime (Sec. 6 R.A. 10175) → penalty one degree higher.
- Prosecutor chooses the most serious charge with highest penalty.
III. Step-by-Step: Filing the Criminal Complaint
A. Immediate Actions (Preserve Evidence)
| Type | Preservation Method |
|---|---|
| SMS / Messenger | Screenshot full conversation (show timestamps, profile pics, numbers). Use phone’s built-in screen record if video call. |
| Forward original to personal email + print with full headers (File → Properties). | |
| Social Media Post | Use Facebook “Download Your Information” or Twitter Archive. Take notarized screenshot (see below). |
| Voice Call | Record using Call Recorder app (legal if one-party consent under R.A. 4200 with amendments). |
Notarization of Screenshots (SC A.M. 19-09-05-SC):
- Go to any notary public.
- Present original device.
- Notary affixes jurat: “Screenshot taken in my presence from the device of [affiant].”
B. Where to File
| Nature | Venue |
|---|---|
| Purely offline | Municipal Trial Court (MTC) or Prosecutor’s Office in the city/municipality where threat was received or made. |
| Online (cybercrime) | National Bureau of Investigation – Cybercrime Division (NBI-CCD) in Taft Ave., Manila or any NBI regional office. |
| Mixed | File with NBI-CCD; they will endorse to local prosecutor if needed. |
C. Filing with the Prosecutor (Inquest or Regular)
Prepare Complaint-Affidavit
- State facts in chronological order.
- Attach evidence (numbered annexes).
- End with: “I am executing this affidavit to attest to the truth of the foregoing and for purposes of filing criminal action for Grave Threats under Art. 282 RPC in relation to Sec. 6 of R.A. 10175.”
Submit to Prosecutor
- Bring 2 witnesses (if possible).
- Prosecutor conducts preliminary investigation (15 days for simple cases).
- Respondent files counter-affidavit within 10 days.
Resolution
- Probable Cause Found → Case filed in court.
- No Probable Cause → Dismissed (appealable to DOJ via Petition for Review).
D. Direct Filing with NBI (Cybercrime)
- Walk-in or online via NBI Cybercrime Complaint Form (https://www.nbi.gov.ph/cybercrime-complaint/).
- NBI issues Subpoena Duces Tecum to telcos/social media for subscriber data (IP logs, account info).
- NBI endorses to DOJ for inquest if suspect is arrested.
IV. Protection Remedies
A. Barangay Protection Order (BPO)
- Venue: Barangay Hall where victim resides.
- Procedure:
- File written request with Kagawad on duty.
- Barangay issues BPO within 6 hours (valid 15 days).
- Contents: No contact, stay-away order (100 meters).
- Enforcement: PNP enforces; violation = misdemeanor.
B. Temporary/Permanent Protection Order (T/PPO) under R.A. 9262 (VAWC) or R.A. 7610 (Child Abuse)
| Law | Who Can File | Court | Reliefs |
|---|---|---|---|
| R.A. 9262 | Women & children (even in dating relationships) | Regional Trial Court – Family Court | 1. TPO (ex parte, 72 hrs) 2. PPO (30 days, renewable) 3. Support, custody, barangay referral |
| R.A. 7610 | Minors | RTC – Family Court | Same + hold departure order |
Procedure for TPO:
- File petition with affidavit + evidence.
- Judge issues TPO ex parte within 24 hours.
- Hearing for PPO within 15 days.
C. Precautionary Protection Order (PPO) under Cybercrime Law
- Sec. 24, R.A. 10175 IRR: Court may issue PPO to preserve data (e.g., freeze account, takedown post).
- File urgent motion with the criminal information.
V. Evidentiary Rules in Court
| Evidence | Admissibility Rule |
|---|---|
| Screenshots | Admissible if authenticated (witness testifies: “I took this on my phone at this time”). People v. Tinder (2021) |
| IP Logs | Telcos preserve 12 months (R.A. 10175). Require court order. |
| Voice Recording | Admissible if one-party consent and relevant. |
| Chain of Custody | Digital evidence must be hashed (MD5/SHA-1) by NBI forensic examiner. |
VI. Special Considerations
A. Minors (Below 18)
- File under R.A. 7610 (Child Abuse – psychological violence).
- Diversion possible at barangay/prosecutor level (no trialion).
B. Public Figures / Politicians
- Higher threshold for “actual malice” in libel cases (Borjal v. CA).
- Threats still punishable if specific & imminent.
C. Anonymous Threats
- NBI can trace IP → telco → subscriber via Preservation Order (72 hrs) → Disclosure Order.
D. Workplace Threats
- File administrative case with DOLE + criminal complaint.
- RA 11313 (Safe Spaces Act) covers gender-based online harassment.
VII. Practical Tips & Common Pitfalls
- Do NOT delete the threat – even if distressing.
- Block but do NOT mute evidence (screenshot first).
- Avoid confronting the suspect – may be used as provocation defense.
- File within 10 years (grave threats prescriptive period).
- Budget for notary (₱200–500 per screenshot) and lawyer (₱5,000–15,000 retainer for provincial cases).
- If indigent: Approach Public Attorney’s Office (PAO) – free legal aid.
VIII. Sample Forms (Annexes)
A. Complaint-Affidavit (Grave Threats + Cybercrime)
REPUBLIC OF THE PHILIPPINES )
CITY OF ____________________ ) S.S.
COMPLAINT-AFFIDAVIT
I, [FULL NAME], of legal age, Filipino, with address at [ADDRESS], after being sworn, depose:
1. On [DATE] at [TIME], I received a private message via Facebook Messenger from account “[SUSPECT PROFILE]” stating: “[EXACT QUOTE OF THREAT]”.
2. Attached as Annex “A” is the notarized screenshot...
3. The threat caused me fear for my life...
WHEREFORE, I pray that criminal action be filed against [SUSPECT NAME OR JOHN DOE] for **Grave Threats (Art. 282 RPC) in rel. to Sec. 6, R.A. 10175**.
[Signature]
[Date]B. Petition for TPO (R.A. 9262)
REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
Branch ___, [CITY]
[VICTIM], )
Petitioner, )
-versus- ) Civil Case No. _____
[SUSPECT], )
Respondent. )
PETITION FOR TPO/PPO
Petitioner, through counsel/PAO, states:
1. Petitioner is the [relationship] of respondent.
2. On [dates], respondent sent threats via [medium] (Annexes A-C).
3. Petitioner fears **imminent harm**.
PRAYER: Issue **TPO ex parte** directing respondent to stay 500 meters away...
[Signature]IX. Conclusion
Receiving a threat is not merely an emotional burden—it is a crime with a clear legal remedy. By preserving evidence, filing promptly, and securing protection orders, victims can halt the harassment and hold perpetrators accountable. The Philippine justice system, bolstered by the Cybercrime Law and anti-VAWC statutes, provides multiple layers of protection. Act quickly, document everything, and seek legal counsel—the law is on your side.