Validity Period for Filing Criminal Complaints for Threats in the Philippines
(A comprehensive guide under Philippine law)

1. Overview of the Crime of Threats

Under Philippine law, “threats” generally refer to a situation where one person threatens another with the infliction of harm, injury, or any form of violence against the victim’s person, honor, or property. The Revised Penal Code (RPC) of the Philippines classifies threats into various forms, most notably grave threats and light threats, depending on the seriousness or nature of the threat.

Grave threats: Punishable under Article 282 of the RPC.
Light threats: Punishable under Article 285 of the RPC.
There are also related offenses (e.g., other light threats under Article 285, paragraph 2, or threatening remarks in certain specific contexts).

To determine the validity period for filing criminal complaints for threats (i.e., how long a complainant has before the right to prosecute the offender prescribes or lapses), one must look at the penalty prescribed by law for the specific type of threat and then apply the rules on prescription under the Revised Penal Code.

2. Classification and Penalties for Threats

2.1 Grave Threats (Article 282)

Grave threats typically involve a threat to commit a crime amounting to a grave or serious offense (such as homicide, arson, serious physical injuries, etc.) or to cause substantial harm to the person, honor, or property of another. The penalty can vary, but in general:

When a threat is made subject to a condition (e.g., “I will kill you unless you give me PHP 100,000”):
- If the offender demands money or imposes any condition (not unlawful per se), and the threatened harm is not carried out after the offender has received the money/condition, the penalty may be prisión mayor (6 years and 1 day to 12 years) or prisión correccional (6 months and 1 day to 6 years), depending on the circumstances.
When the threat is made without a condition and is of a grave nature:
- The penalty can range from prisión correccional in its minimum period to arresto mayor (1 month and 1 day to 6 months), depending on the precise facts (e.g., if the threatened crime was not actually committed).

Because these penalties can sometimes fall into the “correctional” or even “afflictive” range (depending on whether it is prisión mayor or prisión correccional), the prescriptive period will vary.

2.2 Light Threats (Article 285)

Light threats involve less serious intimidation compared to grave threats. The acts threatened here are generally of a lower degree than grave felonies—for instance, minor harm or indignities. The typical penalty for light threats is arresto menor (1 day to 30 days), arresto mayor (1 month and 1 day to 6 months), or a fine not exceeding a certain amount, depending on the specific subsection of Article 285.

3. Prescription of Crimes Under the Revised Penal Code

The concept of “prescription of a crime” (or “prescription of the offense”) refers to the time limit within which the State can initiate criminal proceedings. Once that period lapses, the State loses the right to prosecute, and the accused can raise the defense of prescription to seek dismissal of the case.

3.1 General Prescriptive Periods (Article 90 of the RPC)

Article 90 of the Revised Penal Code provides the general rules on when crimes prescribe:

Twenty (20) years for crimes punishable by death, reclusión perpetua, or reclusión temporal.
Fifteen (15) years for crimes punishable by other afflictive penalties (i.e., penalties heavier than prisión correccional).
Ten (10) years for crimes punishable by prisión correccional, unless otherwise specifically provided.
Five (5) years for crimes punishable by arresto mayor.
One (1) year for crimes punishable by libel or other similar offenses (special provision in Article 90).
Two (2) months for offenses punishable by arresto menor or for “light offenses.”

Because threats can be penalized either by an afflictive penalty (rare, but possible under certain aggravating circumstances), a correctional penalty, or arresto mayor/minor, you must look at the exact penalty provided for the particular form of threat to ascertain the correct prescriptive period.

4. Specific Prescriptive Periods Based on the Penalty for Threats

Grave Threats Punishable by Prisión Mayor (6 years and 1 day to 12 years)
- If a particular charge of grave threats carries the penalty of prisión mayor, the offense would be in the “afflictive” range, so it generally prescribes in 15 years (Article 90).
Grave Threats Punishable by Prisión Correccional (6 months and 1 day to 6 years)
- If the penalty is prisión correccional, then under Article 90, the crime prescribes in 10 years.
Grave Threats or Light Threats Punishable by Arresto Mayor (1 month and 1 day to 6 months)
- If the penalty is arresto mayor, the offense prescribes in 5 years.
Light Threats Punishable by Arresto Menor (1 day to 30 days)
- Crimes punishable by arresto menor or considered “light offenses” generally prescribe in 2 months.

In practice, to know the exact penalty for the crime charged under Articles 282, 285, or related provisions, the prosecutor or court will consider the nature of the threat, whether it was conditional or not, whether there was extortion involved, and whether the threatened harm was carried out. Once the penalty is determined, you can then pinpoint the corresponding prescriptive period as outlined above.

5. When Does the Prescriptive Period Begin to Run?

5.1 General Rule

Under Article 91 of the Revised Penal Code, the period of prescription begins to run from the day on which the crime is discovered by the offended party, the authorities, or their agents. For threats, this is typically the date the threatened individual (or law enforcement) became aware of the threat.

5.2 Interruption of Prescription

The prescriptive period is interrupted when:

A complaint or information is filed in court against the accused.
For minor offenses cognizable by first-level courts (Municipal Trial Courts, etc.), the filing of a complaint with the fiscal’s office (prosecution office) or a similar authority can also interrupt prescription, provided the complaint is deemed valid.

Once interrupted, the prescriptive period will resume running only if the proceedings are terminated without the accused being convicted, for reasons not attributable to the accused (e.g., if the case is dismissed for a reason other than the accused’s motion to quash).

6. Importance of Timely Filing

Given these prescriptive periods, it is crucial for the offended party (or the State) to initiate criminal action promptly. If you wait beyond the prescriptive period corresponding to the penalty for the alleged threat, the right to file a criminal complaint lapses. The accused can then successfully raise the defense of prescription and seek dismissal.

7. Practical Steps for Complainants

Gather Evidence
- Secure any documents, messages, texts, recordings, or witness testimonies that can prove the existence of the threat, the identity of the offender, and the date/time the threat occurred.
Promptly Report to Authorities
- If you believe you have been the subject of a threat, report it immediately to the nearest police station or barangay authority. Prompt reporting helps establish the date of “discovery,” which is critical for calculating prescription.
Consult a Lawyer
- Seek legal advice to determine the precise classification (grave threat vs. light threat) and the potential penalty. This will help you know exactly how long you have to file a complaint.
File the Complaint
- If the prosecutor finds probable cause, the prosecutor’s office will file the Information in court, which interrupts the running of the prescriptive period.

8. Jurisprudence and Additional Considerations

Philippine Supreme Court decisions emphasize the importance of timely filing. Courts have repeatedly dismissed criminal cases when the information was filed after the lapse of the prescriptive period.
In borderline cases (e.g., whether the threat is “grave” or “light”), the prosecutor’s determination of the appropriate charge is critical because it affects the penalty and, in turn, the prescriptive period.
“Threats” may also overlap with other crimes (e.g., grave coercion, robbery with intimidation, extortion under special laws) if additional elements are present. The prescriptive periods for those offenses might differ.

9. Key Takeaways

Identify the type of threat: Grave or light.
Determine the possible penalty: This dictates whether the prescription is 15 years, 10 years, 5 years, or 2 months.
Count from discovery: The prescriptive period typically starts on the date the offense was discovered by the victim or law enforcement.
Act quickly: Filing the complaint before the prescriptive period elapses is vital—once the period passes, the right to prosecute is lost.
Consult legal counsel: To navigate complex nuances (e.g., classification of threats, penalty range, and filing procedures), professional legal advice is essential.

Legal References

Revised Penal Code of the Philippines (Act No. 3815), particularly:
- Article 282 (Grave Threats)
- Article 285 (Other Light Threats)
- Article 90 (Prescription of Crimes)
- Article 91 (Commencement of the Running of the Period of Prescription)
Relevant Supreme Court decisions clarifying the application of prescriptive periods.

Disclaimer: This guide is for general informational purposes only and does not constitute legal advice. Laws may be amended, and jurisprudence may evolve over time. For case-specific guidance, consult a qualified attorney in the Philippines.