Death Threat Complaint After Two Years

Below is a comprehensive discussion of the topic “Death Threat Complaint After Two Years” under Philippine law. This overview addresses the nature of the offense, its legal basis, penalties, relevant procedures, prescriptive periods, and other important considerations when filing or pursuing a complaint for death threats two years (or more) after the alleged incident.

1. Overview of Threats Under the Revised Penal Code

In the Philippines, threats are primarily penalized under the Revised Penal Code (RPC). While several provisions address threats (Articles 282 to 285), the most relevant to “death threats” is Article 282 (Grave Threats). Depending on the circumstances, a person who threatens to kill (or seriously harm) another may be liable under these provisions.

1.1 Grave Threats (Article 282, RPC)

  1. Definition
    Grave threats occur when a person threatens another with the infliction of a wrong amounting to a crime (e.g., killing someone) and either:

    • Makes a demand or imposes a condition (even though it be just or lawful), or
    • Threatens without a condition (when the threat of the wrong is not authorized by law), or
    • Threatens to cause substantial harm that would constitute a felony.

  2. Penalties

    • If the threat is unconditional or the condition is not lawful, the penalty can be prisión mayor (6 years and 1 day to 12 years) in its minimum period, or prisión correccional (6 months and 1 day to 6 years), depending on the circumstances and exact nature of the threat.
    • The severity of the penalty depends on whether a “condition” was attached and whether any demand was made (e.g., pay money, do or not do an act).

1.2 Light Threats (Article 283, RPC)

  • If the threat involves a minor or less serious wrongdoing that does not qualify as a grave threat, the penalty is usually lower (often arresto mayor, which is 1 month and 1 day to 6 months).
  • Death threats are typically charged as Grave Threats; Light Threats would generally involve less severe or non-felonious threats.

2. Prescriptive Periods (Time Limits for Filing Criminal Actions)

One of the key issues in filing a complaint “after two years” is whether the crime has prescribed (i.e., whether the legal time limit for prosecution has lapsed).

2.1 General Rules on Prescription of Crimes

Under the RPC (and related laws on prescription), the period within which authorities can prosecute a crime depends on the maximum penalty:

  1. Crimes punishable by afflictive penalties (e.g., prisión mayor, which starts from 6 years and 1 day)

    • Generally prescribe in 15 years.

  2. Crimes punishable by correctional penalties (e.g., prisión correccional, which is 6 months and 1 day up to 6 years)

    • Generally prescribe in 10 years.

  3. Crimes punishable by arresto mayor (1 month and 1 day to 6 months)

    • Generally prescribe in 5 years (though older rules sometimes mention 1 year for the simplest forms; however, under Act No. 3326, the more recognized prescriptive period is up to 5 years for certain offenses. One must check carefully how the threat is charged).

Given that death threats are often charged as Grave Threats (and can be penalized by prisión mayor or correccional depending on the specifics), the prescriptive period is at least 10 years and can be as long as 15 years. Therefore, filing a complaint two years after the incident generally does not exceed the prescriptive period.

3. When and How to File a Complaint for Death Threats

If an individual has received a death threat and decides to file a complaint:

  1. Initial Steps

    • The offended party (the person who was threatened) may report the incident to the local police or directly to the Public Attorney’s Office (PAO) or the City/Provincial Prosecutor’s Office.
    • If documented evidence exists (text messages, messages on social media, voice recordings, eyewitness accounts), it should be gathered immediately for inclusion in the complaint-affidavit.

  2. Complaint-Affidavit

    • The complainant must submit a sworn statement (affidavit) detailing the facts: how, where, when, and under what circumstances the threat was made.
    • Any corroborating statements from witnesses (if any) should also be included.

  3. Preliminary Investigation

    • If the penalty for the alleged offense is at least 4 years, 2 months, and 1 day (which grave threats often exceed), the case typically undergoes preliminary investigation by the Prosecutor’s Office.
    • During this stage, the respondent (accused) is given the chance to file a counter-affidavit.

  4. Information and Filing in Court

    • If the prosecutor finds probable cause, an Information (formal charge) will be filed in the appropriate trial court (Regional Trial Court if the penalty is above 6 years; Metropolitan Trial Court or Municipal Trial Court if the penalty is lower).

4. Key Legal Elements of a Death Threat Charge

To secure a conviction, the prosecution must prove:

  1. That a threat of inflicting a wrong amounting to a crime was made

    • Example: “I will kill you” or “You will not live past next week.”

  2. Intent to cause alarm or fear

    • The threat must be credible enough to cause fear in the threatened person, not merely jest or an utterance made without seriousness.

  3. Specificity of the threat

    • A general statement might be insufficient if it lacks any felonious significance (although in practice, many “I will kill you” statements are taken seriously).

  4. Identification of the perpetrator

    • The complainant must establish that the accused actually uttered or conveyed the threat.

5. Defense Considerations for the Accused

If a complaint is filed against someone after two years, they may raise several defenses:

  1. Prescription

    • Usually not applicable if only two years have passed, since Grave Threats generally prescribe in 10 or 15 years. Nonetheless, the accused may investigate whether the correct penal provision was used and whether the prescriptive period has started running or was interrupted.

  2. Lack of Intent

    • Arguing it was said in jest or hyperbole, and not meant to be taken literally.

  3. Insufficient Evidence

    • Challenging the credibility of the complainant’s testimony or the authenticity of any documentary evidence.

  4. Alibi or Denial

    • If the accused can show they never had an opportunity to utter such threats or that the complainant is mistaken as to who made the threat.

6. Civil Liability and Other Remedies

In addition to criminal prosecution:

  • Civil Damages: If the accused is convicted, the complainant may be entitled to damages for moral harm, anxiety, or other losses due to the threat.
  • Protection Orders: If the threat arises in a context of intimate partner violence, family violence, or similar circumstances, the threatened person can seek protection orders under Republic Act No. 9262 (Anti-Violence Against Women and Their Children Act) or relevant laws on harassment and stalking.

7. Practical Considerations

  1. Document Everything

    • Threats made verbally can be difficult to prove. Immediately record incidents in writing, keep any text messages, take screenshots (if online), or obtain CCTV footage if available.

  2. Witness Statements

    • If others heard or saw the threat, secure sworn statements. Corroborating testimony strengthens the case.

  3. Timeliness

    • Although the prescriptive period for grave threats is relatively long (10 to 15 years), it is always advisable to file the complaint sooner rather than later to preserve evidence and witnesses’ recollection.

  4. Stay Updated on Legal Changes

    • Laws on cybercrime or additional legislation (e.g., RA 10175 for online threats) can add layers to a complaint if the threat was conveyed through electronic means.

8. Conclusion

Filing a death threat complaint two years after the alleged threat is generally still viable under Philippine law. Because Grave Threats often carry penalties that lead to a prescriptive period of 10 to 15 years, a complainant is well within time to pursue the case. The key is to present sufficient evidence that the threat was made, that it caused fear or alarm, and that the complainant can identify the person who issued the threat.

Should you or anyone experience or learn of a credible death threat, it is recommended to:

  1. Preserve all forms of evidence immediately.
  2. Seek legal counsel or assistance from the Public Attorney’s Office (PAO) or a private attorney.
  3. File a complaint promptly at the Prosecutor’s Office or police station in your jurisdiction.

While the law gives a relatively lengthy period to act, it is in the best interests of the threatened individual to initiate proceedings sooner to ensure that the evidence is fresh, witnesses are available, and the integrity of the case remains strong.

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

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