Death Threats & Harassment Case-Filing in the Philippines: A Comprehensive Legal Guide

This article is for educational purposes only and does not constitute legal advice. If you are facing a real-world threat or harassment, contact the nearest police station or a qualified Philippine lawyer immediately.

1. Overview

In Philippine criminal law, “death threats” fall under threats offenses in the Revised Penal Code (RPC), while “harassment” is addressed by several overlapping statutes—most notably the Anti-Sexual Harassment Act (R.A. 7877), the Safe Spaces Act (R.A. 11313), the Violence Against Women and Their Children Act (R.A. 9262), and the Cybercrime Prevention Act (R.A. 10175). Civil damages, administrative liability, and protective remedies (e.g., protection orders) may accompany or even substitute the criminal case.

2. Death Threats in the RPC

Provision	Offense	Elements	Penalty*
Art. 282	Grave Threats	(1) Threat to inflict a crime on the person, honor or property of another or his family; and (2) threat is subject-to a demand or not; and (3) the offender has deliberate intent to terrorize.	• If a condition with demand for money/property and not accomplished: prisión correccional (6 mos-6 yrs) + fine • If threat not subject to demand: arresto mayor (1-6 mos)‎ • If the threatened act is carried out: Penalty for the threatened crime
Art. 285	Light Threats	Same act without the seriousness or conditions of Art 282—e.g., no serious intent, impulsive words.	Arresto menor (1-30 days)

* Fines were adjusted by R.A. 10951 (2017).

2.1 Qualifying & Aggravating Circumstances

In writing or anonymously – penalty is one degree higher.
Use of firearm – may be prosecuted instead as illegal discharge (Art 254) if shot is fired.
Committed through information and communication technology (ICT) – under Sec. 6, R.A. 10175 the penalty is one degree higher than that provided in Arts 282/285.

2.2 Jurisprudence Snapshot

Case	Gist
People v. Doroja (G.R. L-22740, 1968)	Words spoken “out of anger” without real intent may amount only to light threats.
People v. Mabini (G.R. 215177, 2016)	Written death threats left on victim’s gate constituted grave threats in writing.
People v. Bangalao (G.R. 175842, 2012)	For cyber threats posted on Friendster (pre-FB), the court applied Art 282 in relation to R.A. 8792 (e-commerce) prior to R.A. 10175.

3. Harassment Offenses

3.1 Sexual Harassment (R.A. 7877)

Who may be liable: Persons in authority, influence or moral ascendancy over the victim in work, education, or training settings.
Acts punished: Demanding, requesting, or requiring sexual favor in exchange for employment, promotion, grades, etc.
Venue: • Criminal complaint before the Office of the City/Provincial Prosecutor (OCP/OPP). • Administrative complaint before the employer’s Committee on Decorum and Investigation (CODI) or the Civil Service Commission.
Penalty: Prisión correccional or a fine up to ₱20 000, or both, plus possible dismissal from office.

3.2 Safe Spaces Act / “Bawal Bastos” Law (R.A. 11313, 2019)

Broadened harassment to the streets, public spaces, workplaces, schools, and online. Notable provisions:

Act	Examples	1st Offense	2nd Offense	Subsequent
Gender-based Street Harassment	Catcalling, wolf-whistling, unwanted sexual remarks	Fine ₱1 000 + 12-hr seminar	Fine ₱3 000 + 1-wk community service	Fine ₱10 000 + arresto menor (11-30 days)
Online Sexual Harassment	Sending lewd images, unwanted sexual advances via DM	Fine ₱100 000-500 000 or prisión correccional + mandatory counseling

Victims may also obtain a Barangay Protection Order (BPO) or Anti-Sexual Harassment Protection Order (ASHPO).

3.3 Violence Against Women & Children (R.A. 9262)

Harassment that forms part of a wider pattern of psychological violence against a woman or her child by a present or former partner is punishable by prisión mayor (6 yrs-12 yrs) + fine up to ₱500 000 and mandatory protection orders (TPO, PPO).

3.4 Cyber-Harassment (R.A. 10175)

Punishes “libel, threats, identity theft, and all other existing crimes” when committed through ICT, raising the penalty by one degree. The law also empowers the PNP-Anti-Cybercrime Group and NBI-Cybercrime Division to preserve electronic evidence and perform digital forensics.

3.5 Bullying & Stalking

R.A. 10627 (Anti-Bullying Act) applies to K-12 schools; violations trigger administrative sanctions and counseling.
Stalking is covered by the Safe Spaces Act (persistent unwanted contact) or by R.A. 9262 if directed at women or children.

4. How to File a Criminal Case

Gather Evidence
- Screenshots, chat/message logs (exported with metadata).
- Audio/video, CCTV, call recordings.
- Sworn statements of witnesses.
- For cyber evidence: obtain an NBI-CCL or PNP-ACG digital certification to preserve integrity pursuant to Rule 11, A.M. No. 17-11-03-SC (Rules on Electronic Evidence).
Draft a Complaint-Affidavit
- Narrate facts chronologically, quote exact threatening words.
- Attach evidence as annexes, each marked and referred to in the body.
- Notarize or swear before an Assistant City Prosecutor.
Barangay vs. Prosecutor’s Office
- Barangay Conciliation (Katarungang Pambarangay) is mandatory if parties live in the same barangay and the offense is punishable by ≤ 1 yr or ≤ ₱5 000 fine (e.g., light threats). Grave threats, cyber-offenses, or VAWC are exempt.
- File a Punong-Barangay complaint; if mediation fails, the barangay issues a Certificate to File Action, allowing direct filing with the prosecutor.
Pre-Inquest or Preliminary Investigation
- Inquest (warrantless arrest within 24 h) or regular preliminary investigation (counter-affidavit stage, resolution, filing of Information).
- Respondent’s failure to submit a counter-affidavit may result in waiver of right to present defense at this stage.
Arraignment, Trial & Judgment
- After the Information is filed in the proper court (MTC for light offenses, RTC for grave threats/VAWC), the accused is arraigned and enters a plea.
- Trial proceeds with *Ombnibus sworn statement rule (Sec. 7, Rules on Criminal Procedure).
Protective Orders & Interim Relief
- TPO/PPO under R.A. 9262 – issued within 24 hours; may remove abuser from residence.
- ASHPO under the Safe Spaces Act – restrains further harassment.
- Witness Protection Program (R.A. 6981) in life-threatening cases.

5. Civil & Administrative Remedies

Independent Civil Action – victim may sue for moral, exemplary, and nominal damages (Art. 33 Civil Code) even while the criminal case is pending.
Workplace Liability – employers who fail to act on sexual harassment complaints may be held liable under the Labor Code, and fined by the Department of Labor and Employment (DOLE).
Professional Sanctions – government officials may face administrative dismissal (e.g., Domingo v. Rayala, A.M. P-98-1285).

6. Prescription & Statutes of Limitation

Offense	Prescriptive Period (Art. 90 RPC & special laws)
Grave threats (punishable by prisión correccional)	10 years
Light threats / slight oral defamation	2 months
Sexual harassment (R.A. 7877)	3 years from commission
Online sexual harassment (R.A. 11313)	5 years
VAWC psychological violence (R.A. 9262)	10 years

The period is interrupted by the filing of the complaint.

7. Practical Pointers for Victims

Document Early & Often – Use hash values (e.g., SHA-256) for digital files.
Maintain Privacy – Avoid posting about the case online; it can be used in evidence.
Coordinate with Authorities – PNP Women & Children Protection Desk (WCPD) or Anti-Cybercrime Group can assist in forensics and arrests.
Seek Counseling – Psychological evaluation may later substantiate damages for mental anguish.
Engage a Lawyer – Public Attorney’s Office (PAO) provides free services for indigent clients.

8. Common Defenses & Evidentiary Issues

Defense	Notes
“Utter lack of intent”	Courts look at context—relationship, prior acts, presence of weapons.
Self-defense / retaliation	Rarely excuses a threat; may mitigate penalty.
Privileged communication	Threats uttered under absolute privilege (e.g., in legislative debates) are exempt, but this rarely applies.
Fabrication of evidence	Digital forgeries can be rebutted by challenging the chain of custody; forensic examiners testify.

9. Table of Key Agencies & Their Hotlines

Agency	Scope	Hotline(s)
PNP-ACG	Cyber threats, online harassment	(02) 8414-1560
WCPD	Women & child victims	117 (Nationwide)
NBI-CCD	Cybercrime investigation	(02) 8523-8231
Barangay Office	Local mediation, BPO	Varies per LGU
DOLE / CSC	Workplace harassment	1349 (DOLE), 16565 (CSC)

10. Conclusion

The Philippines treats death threats and harassment with increasing seriousness—especially where vulnerable groups or ICT are involved. A victim has multiple concurrent remedies: criminal prosecution, civil damages, administrative sanctions, and swift protective orders. Successful prosecution hinges on clear evidence, prompt filing within prescriptive periods, and strategic choice of forum. Given the procedural nuances (e.g., barangay conciliation rules, cyber-forensics, overlaps among special laws), consulting a Philippine lawyer as early as possible is the single best step for anyone who receives a death threat or suffers harassment.

Quick-Reference Checklist

□ Preserve all messages (screenshots + raw exports)
□ Execute notarized complaint-affidavit
□ Determine if barangay conciliation is required
□ Request digital certification from PNP-ACG/NBI-CCD
□ Apply for a protection order if necessary
□ File within the correct prescriptive period

Stay safe, know your rights, and act promptly.