Can You Seek Compensation for Death Threats from a Child?

Simplified Query: Can someone seek compensation for death threats from a child in the Philippines, and how much should they ask for?

In the Philippines, threats to one's life, even from a child, are considered serious and can have legal consequences. However, seeking compensation from the family of a 12-year-old child for death threats is complex, as the law provides special protections for minors.

Legal Context: Threats and Minors

The Revised Penal Code of the Philippines considers threats, especially those involving death or serious injury, as a criminal offense. However, if the threat comes from a minor, the law takes a different approach. The Juvenile Justice and Welfare Act of 2006 (Republic Act No. 9344) governs offenses committed by children under 18.

Protection for Minors

Under Republic Act No. 9344, children under 15 years of age are exempt from criminal liability. For children aged 15 to below 18, criminal liability can only arise if they act with discernment. In both cases, rehabilitation rather than punishment is emphasized.

Seeking Compensation

While a child under 12 cannot be held criminally liable for death threats, it is possible to pursue a civil case for damages against the child’s parents or guardians for inadequate supervision or negligence. The Family Code of the Philippines states that parents are responsible for the acts of their minor children.

Determining Compensation

The amount of compensation, or damages, would depend on the harm suffered and the circumstances. Factors to consider include:

1. Actual Damages: Expenses or financial losses directly caused by the threat, such as therapy costs.
2. Moral Damages: Compensation for emotional distress or mental anguish caused by the threat.
3. Exemplary Damages: Additional damages that may be awarded to set an example and deter similar conduct.

The exact amount varies based on the severity of the threat and the impact on the victim.

Legal Process

To seek compensation, one would typically:

1. File a Complaint: Initiate a civil case against the child's parents or guardians.
2. Present Evidence: Provide proof of the threats and their impact.
3. Go to Mediation: In cases involving minors, mediation may be suggested to resolve the issue.

Considerations

Before pursuing legal action, consider:

1. The Child's Age: Children under 12 are legally exempt from criminal liability.
2. The Circumstances: The child's intent and understanding of their actions matter.
3. Potential Outcomes: Legal action against minors typically focuses on rehabilitation.

Conclusion

While seeking compensation for death threats from a 12-year-old is possible, it involves a careful legal process focusing on civil liability and the child's rehabilitation. The amount of compensation varies and should be approached with sensitivity, considering the child's age and the circumstances involved.