Reporting Death Threats in the Philippines

A practical legal guide for victims, families, HR officers, school administrators, and first responders

1) What counts as a “death threat”?

Death threats are a form of threat under the Revised Penal Code (RPC). In plain terms, it is a threat to kill (or to commit another serious crime) against a person or a member of their family. The law classifies threats broadly into:

Grave threats – the threat is to commit a crime (e.g., kill, kidnap, burn property). Penalties vary based on whether the threat demanded a condition (like money or an act) and whether the offender achieved the purpose.
Light/other threats – lesser forms (e.g., threats not amounting to a crime or made in certain specific ways).
Related special laws can reclassify or aggravate threats when the victim is a child, a woman in an intimate relationship, or when threats are sexualized or gender-based, or when the threats are made through information and communications technologies (ICT).

Key elements prosecutors look for

A threat was made (words, messages, posts, gestures) to kill or commit a crime against the victim/their family.
Seriousness/intent – not a mere joke; assessed from words used, context, capability, and conduct.
Communication – the threat reached the victim (spoken, written, online, via a third person).
(If conditional) There was a demand or condition (e.g., money, doing/omitting an act).

2) When threats become more serious because of who is targeted or how they’re made

Online/cyber threats – When committed using ICT (texts, chat apps, social media, email), penalties under the RPC are typically increased by one degree by virtue of the Cybercrime law’s general rule for crimes committed “through” ICT. Prosecutors also use the Supreme Court’s Cybercrime Warrants framework (for disclosure, search, and examination of computer data) during investigation.
Women and Children –
- RA 9262 (VAWC): Threats to kill (or harm) within intimate partner contexts constitute psychological violence, criminally punishable, with access to Protection Orders (Barangay, Temporary, Permanent).
- RA 7610 and related child-protection laws: Threats causing psychological abuse to children can trigger criminal liability and child-protection measures.
Gender-based threats – RA 11313 (Safe Spaces Act) punishes online gender-based sexual harassment, including threats and unwanted sexual remarks, with administrative remedies for schools/workplaces and criminal sanctions in qualifying cases.
In schools – RA 10627 (Anti-Bullying Act) compels schools to act on threats and related behaviors against students, with mandatory protocols and sanctions.
Workplaces – Labor standards and OSH rules require employers to prevent workplace violence and to respond to credible threats (reporting, safety planning, and discipline consistent with due process).

3) Where to report (choose all that apply)

Emergency: Dial 911 for imminent danger.
Police: PNP station of the place where the threat was made or received; ask for the desk officer and record a police blotter.
Specialized cyber units (for online threats):
- PNP Anti-Cybercrime Group (ACG) – regional/city offices accept walk-ins and online complaints.
- NBI Cybercrime Division – accepts complaints and conducts digital forensics.
Prosecution: File a criminal complaint-affidavit with the Office of the City/Provincial Prosecutor (National Prosecution Service).
Barangay (for certain cases): For community documentation and immediate assistance. Note: Many threat cases are not subject to mandatory barangay conciliation (e.g., where penalties exceed one year, parties live in different cities/municipalities, or the case falls under special laws).
For VAWC:
- Women and Children Protection Desk (WCPD) at PNP stations.
- Barangay Protection Order (BPO); courts for TPO/PPO.
Children at risk: DSWD, LCPC (Local Council for the Protection of Children), and WCPD.
Schools: Report to the Child Protection Committee (basic ed) or student affairs office (HEIs) per their anti-bullying/GBV policies.
Workplaces: Report to HR/Compliance/OSH Committee under anti-violence/anti-harassment policies; parallel criminal reporting is still available.
Human rights angle: The Commission on Human Rights (CHR) receives complaints where threats implicate rights defenders, journalists, or patterns of abuse.

4) Evidence to preserve (and how to keep it admissible)

Golden rule: save first, sort later.

Digital copies:
- Screenshots showing the entire conversation/message/post with timestamps, sender handle/URL, and device clock visible.
- Screen recordings (with system clock visible) of profiles, message threads, and threat sequences.
- Export chat/email data (e.g., “Export chat” on messaging apps) where possible.
Metadata: Do not alter original files. Keep the device and originals intact; share copies.
Links & IDs: Copy the URL, post ID, message ID, profile UID, and phone/email/handle of the sender.
Witnesses: Names and contact details of those who heard/saw the threat or to whom it was relayed.
CCTV/bodycam: Request and preserve copies quickly (many systems overwrite within days).
Call logs/voicemails: Download or request certified copies from the carrier if advised by investigators/prosecutors.
Chain of custody: When turning over devices/media, ask officers to record make/model/serial, hash or description of files, dates/times, and who handled the evidence.

5) Step-by-step: How a typical criminal case moves

Immediate safety plan
- Change routines, inform trusted persons, relocate temporarily if needed.
- For VAWC/child cases, seek Protection Orders.
Police/NBI intake
- File a blotter and provide initial evidence; get the reference number.
- For cyber threats, the unit may request expanded screenshots/exports.
Prosecutor filing
- Submit a Complaint-Affidavit narrating facts in chronological order, with attached evidence and Annex numbering.
- Include addresses of respondent(s) for subpoena.
Inquest or regular preliminary investigation
- Inquest applies if the suspect is lawfully arrested without warrant; otherwise, prelim investigation (counter-affidavits, replies).
Resolution & Information
- If probable cause is found, the Information is filed in court; a warrant of arrest may issue.
Trial
- Presentation of testimony (victim, witnesses), authenticated digital evidence, and expert testimony (e.g., cyber examiners).
Sentencing & civil damages
- Courts can award moral, exemplary, and temperate damages, plus protective and reparative orders where authorized by special laws.

6) Practical legal standards and common defenses

“Just a joke” is not a defense if words and circumstances show a credible, serious threat.
Conditional threats (e.g., “Pay or die”) are often treated more seriously than non-conditional ones; the law scales penalties based on conditions and whether the offender achieved the purpose.
Impossibility (e.g., proven alibi that the sender couldn’t act) may weaken seriousness but does not automatically negate the crime.
No need to wait for an actual attack; the crime lies in the threat and its seriousness.
Online anonymity is not a shield—investigators can pursue platform requests and cyber warrants for subscriber info, IP logs, and device data, subject to judicial authorization.
Venue/jurisdiction in cyber cases can hinge on where the offended party resides, where the message was sent/received, or where any element occurred; consult the prosecutor to select a proper venue.

7) Civil, administrative, and protective remedies (besides criminal charges)

Protection Orders (VAWC)
- BPO (Barangay): same-day relief for contact bans, stay-away orders, etc.
- TPO/PPO (Courts): wider reliefs—custody, support, residence exclusion, firearm surrender, etc.
Safe Spaces Act mechanisms
- School/workplace administrative proceedings and sanctions; mandatory anti-GBSH policies and reporting channels.
Workplace
- Preventive suspension (with due process), safety measures, relocation, and escort protocols; coordinate with law enforcement.
Civil action
- Damages for mental anguish/psychological harm; injunctions against continued harassment.
Witness protection
- RA 6981 (WPP) for qualifying cases; also local witness assistance programs.

8) Special reporting considerations

For minors (victims or offenders)

Always involve parents/guardians, DSWD, and school CPC.
Prioritize trauma-informed interviewing; avoid repeated statements by the child (use recorded forensic interviews where available).

For LGBTQIA+ victims

Gender-based threats (including outing, sexualized violence threats) can fall under the Safe Spaces Act and local Anti-Discrimination Ordinances. Demand correct name/pronouns in reports.

For journalists, human-rights defenders, and public figures

Document patterns, context (stories covered, critical posts), and any prior incidents. Consider CHR engagement and safety audits.

For migrants/OFWs threatened from abroad

Report locally and to POLO/consular posts. Cyber evidence still matters; venue and mutual legal assistance may be involved.

9) Timelines, prescription, and bail

Prescription (statute of limitations) for threats depends on the penalty ultimately applicable (afflictive/correctional/arresto). Because classifications and ICT aggravation can change the degree, file early and let the prosecutor compute the exact period.
Bail is generally available; courts set amounts case-by-case considering the nature of the threat and risk factors.

10) Checklist: what to bring when you report

Valid ID and contact details.
Written narrative (timeline: when, where, how the threat was made and received).
Screenshots/exports (organized, labeled as Annex “A,” “B,” etc.).
Device (only if asked; otherwise keep it safe and unchanged).
Witness list with phone/emails.
Medical/psychological notes (if any).
Prior reports (barangay blotter, HR, school CPC, etc.).
For VAWC/children: proof of relationship/age, and any prior protection orders.

11) Sample outline for a Complaint-Affidavit

Caption: “Republic of the Philippines, Office of the City/Provincial Prosecutor, [City/Province]” Affiant: Name, age, civil status, address. Respondent: Name/aliases/handles, address (if known). Allegations:

Date/time/place you received or heard the threat.

Exact words used (quote verbatim if possible).

Context (prior disputes, demands, stalking, weapons).

Screenshots/exports described and marked as Annexes.

Witnesses identified.

Effects (fear, anxiety, change of routines; for VAWC/children, psychological harm).

Prayer: File appropriate information(s) for [threats under RPC / VAWC / Safe Spaces Act / other], issue subpoena, and grant other reliefs. Jurat: Sworn before the prosecutor/notary with ID.

(Attach copies only; keep originals.)

12) Safety planning tips while the case is pending

Vary routines and keep companions when traveling.
Inform building security; provide photo/description of the respondent if known.
Document every incident (date/time/screenshot).
Silence or block with discretion—preserve evidence first.
Ask for firearm checks (respondent may be ordered to surrender firearms in VAWC or by court order).
Coordinate with HR/school for access control and escorts.
Consider relocation or safe house arrangements for acute risk.

13) Frequently asked questions

Q: The threat came from an anonymous account. Can a case still prosper? A: Yes. Investigators can seek court-issued cyber warrants to obtain subscriber info, IP logs, and related data. Patterns, timing, language, and offline context also help attribution.

Q: Do I have to confront the person first? A: No. Go directly to law enforcement/prosecutors, especially where there is immediate risk.

Q: Can I sue for damages even if criminal charges are pending? A: Yes. You can claim civil damages within the criminal case or file a separate civil action, depending on counsel’s strategy.

Q: Are threats by memes or emojis actionable? A: If, in context, a reasonable person would understand them as a serious threat to kill/commit a crime (e.g., repeated messages with a gun/knife emoji, doxxing plus countdown), they can be actionable.

Q: What if the threat is part of intimate partner abuse? A: Consider filing under RA 9262 for faster Protection Orders and specialized handling, in addition to (or instead of) RPC threats.

14) Final reminders

Act quickly: report, preserve evidence, and seek protective relief where available.
Tell investigators everything: prior incidents, weapons, stalking, and mental health triggers.
Legal counsel helps: a private lawyer or PAO (if qualified) can navigate venue, special laws, and evidence issues.

Quick Reference (tear-off)

911 – imminent danger
PNP Station/WCPD – blotter, VAWC & child cases
PNP-ACG / NBI Cybercrime – online threats & digital forensics
City/Provincial Prosecutor – complaint-affidavit & preliminary investigation
Barangay / Family Court – BPO, TPO, PPO (VAWC)

Stay safe, document everything, and use both criminal remedies and protective measures to shut down the risk promptly.