Dear IBP Davao,
Paano po ako magsasampa ng reklamo about sa pananakot?
Natatakot
Dear Natatakot,
Under the Revised Penal Code there are different kinds of threats.
Grave threat under Article 282 can be committed in three (3) ways, (1) by threatening another with the infliction upon his person, honor or property or that of his family of any wrong amounting to a crime and demanding money or imposing any other condition even though not unlawful, and the offender attained his purpose, (2) making such threat coupled with conditions without the offender attaining his purpose, and (3) threatening another with the infliction upon his person, honor or property or that of his family of any wrong amounting to a crime, even if the treat was not being subject to condition.
The first kind of grave threats is punishable by a penalty next lower in degree than that prescribed by law for the crime he threatened to commit. The second kind of grave threats, the penalty lower by two degrees shall be imposed. The third kind of grave threats is punishable by imprisonment of arresto mayor (1 month and 1 day to 6 months) and a fine not exceeding One Hundred Thousand Pesos (P100,000).
On the other hand, light threats in Article 283 is committed when: (1) a person make a threat to commit a wrong, (2) the wrong does not constitute a crime, (3) there is a demand for money or that other condition is imposed, even though not unlawful, and (4) the person making the threat has attained his purpose or, that he has not attained his purpose.
The crime of light threats is punishable by arresto mayor or imprisonment within the range of 1 month and 1 day to 6 months.
While Other Light Threats under Article 285 can also be committed in three (3) ways, (1) by threatening another with a weapon or draw such in a quarrel, except if done in self-defense, (2) Under the passion and anger, one verbally threatens another with some harm although not constituting a crime, and afterwards did not pursue the idea regarding the threat, and (3) Verbally threatening harm on another person, the harm not constituting a crime.
The crime of other light threats is punishable with imprisonment of arresto menor in its minimum period or a range of 1 to 10 days or a fine not exceeding Forty Thousand Pesos (P40,000.00).
With the above, the case you will file depends on the kind of threat that was done to you. Since you did not put in to detail the circumstances regarding the threat, you may consult a lawyer for guidance on what the proper case to file is.
To file a criminal complaint for any of the crime as above mentioned, you can execute a complaint affidavit before the Prosecutor’s office in the place where the threat happened. If the threat happened online, you can file it in the Prosecutor’s office in the place where you read the threat.
However, if you reside in the same barangay, you may still have to through barangay conciliation before you can file a case before the Prosecutor’s office, in order to secure a certificate to file action.
You may seek help from a private law practitioner if you have resources, otherwise you may ask assistance from the Public Attorney’s Office (“PAO”). But one must meet the merit and indigency test first before they can avail of the services of the PAO’s office.
I hope we were able to help you with your inquiry and we wish that you find justice and peace.
(IBP Davao Corner is a weekly column of Integrated Bar of the Philippines- Davao Chapter, giving legal advice as part of its legal aid program. The above legal opinion is based solely on the appreciation of the facts and problem given and stated above. The opinion may vary when other facts, circumstances, and situations are stated. You may send your comments and questions to ibpdavao@gmail.com.)
