What to Do If You’re Receiving Death Threats in the Philippines: Extortion, Evidence, and Police Remedies

What to Do If You’re Receiving Death Threats in the Philippines: Extortion, Evidence, and Police Remedies

This guide explains immediate safety steps, how to preserve evidence, criminal classifications (including cyber-based threats and extortion), where and how to file, and available protective and civil remedies under Philippine law. It is practical information—not a substitute for advice from your own lawyer on your specific facts.


1) First priorities: safety and control of contact

  • Assume the threat is serious until proven otherwise. Move to a safe location, avoid predictable routines, and tell at least one trusted person where you are.

  • Stop engaging the sender. Do not negotiate, argue, or pay. Every reply creates new digital traces for them and can escalate risk.

  • Lock down your footprint.

    • Switch social profiles to private; remove public contact info where possible.
    • Change passwords and enable multi-factor authentication for email, socials, banking, and e-wallets.
    • Review active sessions and connected apps; sign out of all other devices.
  • If the threat mentions a place/time or a weapon, or you see stalking: call 911 (PNP) and your local police station immediately.


2) Classifying the conduct (why it matters)

Understanding the legal bucket helps you file the right case(s):

A. Threats under the Revised Penal Code (RPC)

  • Grave threats (Art. 282): Threatening to commit a wrong amounting to a crime (e.g., “We will kill you”), with or without a demand/condition. Penalties vary by the gravity of the threatened crime and whether a condition was imposed or complied with.
  • Other light threats (Arts. 283–285): Less severe threats or those made in the heat of anger, anonymously, or through menacing acts (e.g., brandishing a weapon without justification).

B. Extortion and related offenses

  • Extortion with intimidation to obtain money/property can constitute robbery with intimidation (RPC) when there is taking; where money is demanded under threat but no taking yet, prosecutors often file grave threats (and related counts).
  • If the threat is to publish/shame unless paid (e.g., “sextortion”), prosecutors may add unjust vexation, grave coercion, or special-law offenses depending on facts.

C. Cyber-based threats

  • Cybercrime Prevention Act (RA 10175, Sec. 6): If an RPC offense (e.g., grave threats, coercion, robbery/extortion) is committed through a computer system or online, the penalty is typically one degree higher.
  • Gender-based online harassment (RA 11313—Safe Spaces Act): If threats are sexist, misogynistic, homophobic, or sexualized, additional charges/penalties and workplace/school remedies may apply.
  • VAWC (RA 9262): If the perpetrator is a spouse, ex-partner, or a person with whom you have/had a sexual or dating relationship, threats (online or offline) may qualify as psychological violence with access to Protection Orders.

D. Children and minors

  • If the victim is a child, RA 7610 and RA 9995 (if images/recordings are involved) can apply, with higher penalties and protective measures.

3) Evidence: what to capture and how to keep it admissible

Think authenticity, completeness, and chain of custody—especially for digital evidence.

Do immediately

  • Screenshots of the full conversation (include handles, timestamps, URLs).

  • Export raw copies:

    • Save emails as .eml/.msg (retains headers).
    • Download platform archives (e.g., Facebook “Download Your Information”, chat exports).
    • Save call logs/voicemails; photograph missed-call lists with the date showing.
  • Metadata where possible: Keep devices on and avoid altering system time; don’t “edit” files.

  • Physical evidence: Photograph notes/graffiti, keep envelopes, preserve CCTV copies with time overlays.

Document the context

  • Write a contemporaneous incident log: who, what, when, where, how you learned, who witnessed, actions taken.
  • Identify potential witnesses (friends, security guards, neighbors).

Chain of custody basics

  • Keep originals read-only when possible; make working copies.
  • Label storage (e.g., “USB-A: chat export, created on 2025-09-22 by [Name]”).
  • When turning over files to police/NBI, get a receipt/turnover form listing filenames and hashes if available.

Special note on recordings

  • The Anti-Wiretapping Act (RA 4200) generally prohibits secretly recording private communications without consent, with specific exceptions. When in doubt, ask counsel before recording calls. (Threatening messages sent to you—texts, DMs—are typically fine to preserve.)

4) Where to report and what to file

You may pursue parallel tracks: immediate police response, cybercrime reporting, and prosecutorial action.

A. Immediate police action

  • Call 911 for urgent threats or if offender is nearby.
  • Proceed to the nearest PNP station, request entry in the police blotter, and ask for patrols/visibility.
  • If the threat is domestic or involves a child, go to the Women and Children Protection Desk (WCPD).

B. Cybercrime complaints

  • Go to the PNP Anti-Cybercrime Group (ACG) or NBI Cybercrime Division. Bring:

    • Government ID(s)
    • Printed Affidavit-Complaint (see outline below)
    • Storage device with original files + screenshots
    • Incident log and any witness statements
  • They can perform threat assessment, preservation requests to platforms, and forensic imaging.

C. Prosecutor’s Office (city/municipal)

  • File a criminal complaint for the appropriate offense(s) (e.g., grave threats, robbery/extortion, VAWC, Safe Spaces Act violation).
  • If there was a warrantless arrest, an inquest will occur; otherwise, the prosecutor conducts preliminary investigation (you’ll be subpoenaed for counter-affidavits, etc.).

D. Barangay processes

  • You can still make a barangay blotter for documentation and mediation visibility.
  • Note: More serious threats (with higher penalties) often bypass barangay mediation; your lawyer or desk officer can confirm if the case is not barangay-triable under the Katarungang Pambarangay rules.

5) Protective options

  • Police safety measures: Request increased patrols, police visibility at residence/work, and, in qualifying situations, protective security coordination (PNP/NBI).

  • Protection Orders under RA 9262 (VAWC cases):

    • BPO (Barangay Protection Order): Swift, ex parte, same day; prohibits further threats/harassment.
    • TPO/PPO (court-issued): Broader relief—stay-away orders, custody/visitation conditions, firearm surrender, temporary support.
  • Workplace/school remedies (RA 11313): You can seek measures from your employer/school (e.g., no-contact directives, administrative action).

  • Witness Protection, Security and Benefit Program (RA 6981): Available for qualifying witnesses in serious cases—consult the prosecutor.


6) Extortion playbook (including “sextortion”)

  • Do not pay. Payment signals compliance and invites recurring demands.

  • Preserve everything (see §3).

  • Report quickly—especially if the extorter threatens timed release.

  • Platform actions:

    • Use in-app reporting to flag the account.
    • If intimate images are threatened, check the platform’s non-consensual intimate image (NCII) reporting channels.
  • If a meet-up for payoff is demanded: Never go alone; inform police. Entrapment is a law-enforcement tactic—do not attempt it yourself.


7) Affidavit-Complaint outline (you can adapt this)

  1. Affiant’s details: Name, age, address, contact, ID numbers.
  2. Authority of affiant: State you are executing the affidavit to support criminal complaints (cite possible offenses: grave threats; robbery/extortion; RA 10175; RA 9262; RA 11313).
  3. Narrative of facts (chronological): Dates/times, exact words if possible (quote), platforms used, demands, your reactions, witnesses.
  4. Evidence list: File names (hashes if available), device models/serials, screenshots (labeled Annex “A,” “B,” etc.), call logs, CCTV.
  5. Effects on you: Fear, lost sleep, work disruption; for VAWC, describe psychological harm.
  6. Prayer: What you want—filing of appropriate charges, issuance of subpoenas, preservation orders to platforms, return of seized items after forensics, and other just reliefs.
  7. Jurat: Sign before a notary/public prosecutor administering oath.

8) Venue and jurisdiction pointers

  • General rule (RPC): File where any essential element occurred (e.g., place where the threatening message was received), or where the offender acted.
  • Cybercrime (RA 10175): Specialized courts have jurisdiction; venue may include where any element occurred, where the computer system is located, or where the offended party resides (practical advantage for victims).
  • VAWC: File where the offense was committed, or where the victim resides.

9) Possible penalties (high-level)

  • Grave threats: Penalty depends on the crime threatened and conditions imposed; can reach prisión correccional/prisión mayor brackets.
  • Other light threats: Usually arresto (short-term imprisonment) and/or fines.
  • Cyber-commission (RA 10175 Sec. 6): One degree higher than the base offense.
  • VAWC psychological violence: May include imprisonment and fines, plus mandatory protection orders.
  • Safe Spaces Act (online): Fines, community service, and/or jail terms depending on severity and recidivism; workplaces/schools may impose administrative sanctions.

(Exact penalties are fact-dependent and updated by amendments/special laws; your counsel will compute the proper range once charges are finalized.)


10) Civil remedies

Even if a criminal case is underway, you may sue for damages under the Civil Code:

  • Art. 19/20/21 (“abuse of rights,” tort liability, acts contrary to morals/good customs),
  • Moral and exemplary damages for intimidation, shame, and anxiety,
  • Injunctions (e.g., to restrain publication or continued harassment), when circumstances justify.

11) Practical checklists

Rapid response (first 24–48 hours)

  • Ensure safe location; inform a trusted contact.
  • Stop messaging the perpetrator; do not pay.
  • Screenshot and export full threads (keep originals).
  • Change passwords; enable MFA; review device sessions.
  • Police blotter; notify WCPD if applicable.
  • File with PNP ACG/NBI Cybercrime; ask for preservation to platforms.
  • Consult counsel (especially for VAWC/child cases).

Evidence packet (for police/prosecutor)

  • Affidavit-Complaint (signed, notarized or sworn).
  • USB/drive with raw exports (.eml/.msg, chat exports), screenshots, call logs, CCTV clips.
  • Copy of IDs, proof of residence, incident log, and witness details.
  • Device list (models/serials) for potential forensic imaging.

12) Common pitfalls to avoid

  • Paying or “testing” the extorter. It rarely ends the scheme.
  • Deleting chats/accounts before exporting. Recovering later is harder.
  • Posting about the threat publicly when police are building a case—it can tip off the offender.
  • Illegal recordings without understanding RA 4200 limits.
  • Going to payoff meets without law enforcement.

13) When you likely need a lawyer now

  • The threat is specific and imminent (place, time, method).
  • The perpetrator is a partner/ex-partner or lives/works near you (VAWC issues).
  • A child is involved.
  • There’s a demand for money or nude images (“sextortion”).
  • You received a subpoena, invitation to clarify, or there’s an ongoing investigation where you’re a witness.
  • You are a public figure/business and threats intertwine with doxxing, stalking, or data breaches.

14) Quick Q&A

  • Can I record a phone threat? Recording your own phone call without the other party’s consent may violate RA 4200. Ask counsel first. Texts/DMs sent to you are fine to preserve.

  • The sender used a foreign number/account. Is it still a case here? Yes, if any element occurred in the Philippines (e.g., you received the threat here), local authorities can act and coordinate with platforms or foreign counterparts.

  • What if the threat came through an anonymous account? File anyway. Cyber units can seek logs, IPs, and subscriber data via lawful process. Your prompt report aids data preservation.


Final note

Threats—even if they look like scams—are serious and prosecutable. Your best moves are swift evidence preservation, correct case framing, and early coordination with police/NBI (and protection mechanisms where applicable). A short consult with counsel can help tailor charges (e.g., RPC + RA 10175 enhancements, or VAWC/Safe Spaces overlays) and secure the fastest protective relief available to you.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.