Complaint may be filed based on gravity of threat
"What case may I file against my neighbor who always threatens me and my family with lots of bad things? He started threatening me when I reported him to the authorities regarding his illegal business.MD
Dear MD,It is undeniably unlawful for anyone to threaten another with the commission of a crime or the infliction of harm. However, you did not mention in your letter the exact threats, which your neighbor has done to you. Such fact is important to determine which among the different kinds of threats you may file against him. The Revised Penal Code of the Philippines defines and punishes three kinds of threats, to wit:
“Art. 282. Grave threats.—Any person who shall threaten another with the infliction upon the person, honor or property of the latter or of his family of any wrong amounting to a crime, shall suffer:1. The penalty next lower in degree than that prescribed by law for the crime he threatened to commit, if the offender shall have made the threat demanding money or imposing any other condition, even though not unlawful, and said offender shall have attained his purpose. If the offender shall not have attained his purpose, the penalty lower by two degrees shall be imposed.
If the threat be made in writing or through a middleman, the penalty shall be imposed in its maximum period.2. The penalty of arresto mayor and a fine not exceeding 500 pesos, if the threat shall not have been made subject to a condition.
“Art. 283. Light threats.—Any threat to commit a wrong not constituting a crime, made in the manner expressed in subdivision 1 of the next preceding article, shall be punished by arresto mayor.”“Art. 285. Other light threats.—The penalty of arresto menor in its minimum period or a fine not exceeding 200 pesos shall be imposed upon:1. Any person who, without being included in the provisions of the next preceding article, shall threaten another with a weapon or draw such weapon in a quarrel, unless it be in lawful self-defense.2. Any person who, in the heat of anger, shall orally threaten another with some harm not constituting a crime, and who by subsequent acts show that he did not persist in the idea involved in his threat, provided that the circumstances of the offense shall not bring it within the provisions of Article 282 of this Code.
3. Any person who shall orally threaten to do another any harm not constituting a felony.Hence, you may file the appropriate complaint against your neighbor depending on the gravity of the threats that he has made upon you. Your complaint shall be filed before the prosecutor’s office of the place where he threatened you. However, since you are residing in the same barangay, you might need to submit first your case for barangay conciliation before instituting a criminal complaint if penalty for the threat, which you are complaining is punishable by imprisonment for less than one year (Section 408 of Republic Act 7160). On this note, we would like to invite you to go to the Public Attorney’s Office nearest your place so you may be counseled properly on your legal problem.We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to firstname.lastname@example.org"
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"Complaint may be filed based on gravity of threat"
was written by Mary
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comments. The article was created on 15 September 2021
and updated on 15 September 2021