Disclaimer: The following discussion provides general legal information about filing criminal charges for threats against a minor in the Philippines. It is not intended as legal advice. For specific concerns, consult a qualified attorney or approach the proper government agencies.

I. Introduction

Threatening a minor is a serious offense under Philippine law. The Philippines has multiple legal mechanisms that protect children from intimidation, harassment, and abuse. These mechanisms include provisions in the Revised Penal Code (RPC), as amended, and various special laws such as Republic Act (R.A.) No. 7610, known as the “Special Protection of Children Against Abuse, Exploitation and Discrimination Act.”

When a person makes a threat against a minor—whether physical, verbal, or written—this act may give rise to criminal liability. Filing criminal charges is not only a way to hold the offender accountable but also a measure to secure the safety and well-being of the child.

This article outlines key legal bases, processes, and important considerations when filing criminal charges for threats against a minor in the Philippine context.

II. What Constitutes a Threat?

1. General Definition

Under Philippine criminal law, a “threat” typically involves any declaration or expression of an intention to cause harm—whether physical, mental, or property-related—to another person, with the aim of creating fear or intimidation.

2. Relevant Provisions in the Revised Penal Code

Article 282: Grave Threats
A person is liable for grave threats when they threaten another with a crime that is subject to a penalty of serious physical injury, death, or other grave consequences.
Example: Saying “I will kill you” or “I will cause serious harm to your family” if the person does not comply with certain demands.
Article 283: Light Threats
Light threats involve threats of an act that is not a crime or is a less serious offense, yet still instills fear or anxiety in the victim.
Example: Threatening to damage someone’s personal property, without actual harm done yet.
Article 285: Other Light Threats and Threatening Acts
This covers less severe forms of threatening behavior or intimidation not amounting to grave threats.

While these provisions do not always specify the victim’s age, the fact that the victim is a minor may serve as an aggravating circumstance depending on the circumstances of the threat (e.g., if it constitutes child abuse under R.A. 7610).

III. Special Laws Protecting Minors

1. R.A. No. 7610 (Special Protection of Children Against Abuse, Exploitation and Discrimination Act)

Scope of R.A. No. 7610
R.A. No. 7610 provides penalties for acts of child abuse, cruelty, and exploitation. Threats towards a child may fall under the broad definition of psychological or emotional abuse, particularly if they cause emotional harm or distress.
- Child Abuse (Section 3, R.A. 7610): Includes psychological and physical abuse, neglect, cruelty, sexual abuse, and emotional maltreatment of minors.
- If the threat creates a situation where the child experiences fear for their safety and well-being, it could be deemed a form of emotional abuse.

2. R.A. No. 10627 (Anti-Bullying Act of 2013)

This law specifically addresses bullying among students in school settings. If threats are made by peers or school personnel in an educational institution, the Anti-Bullying Act compels schools to investigate and intervene. While this is more of an administrative/disciplinary approach within schools, serious threats can still be subject to criminal charges under the Revised Penal Code or R.A. 7610.

3. Cybercrime Prevention Act of 2012 (R.A. No. 10175)

If the threat is made through electronic means (social media, text messages, emails, chat, etc.), it may be prosecuted under the Cybercrime Prevention Act. Online threats can be classified under grave threats or unjust vexation committed through ICT (Information and Communications Technology), potentially increasing penalties.

IV. Filing Criminal Charges

1. When to File

File as soon as possible after the threat occurs. Timely action helps preserve evidence (e.g., text messages, phone call recordings, witness statements).

2. Where to File

Local Police Station: The first step is often to report the incident to the nearest police station.
National Bureau of Investigation (NBI): If the threats are cyber-related or require more specialized investigation, you may approach the NBI Cybercrime Division.
Prosecutor’s Office: You can file a complaint-affidavit directly with the City or Provincial Prosecutor’s Office.

3. Procedure

Documentation of the Incident
- Gather evidence such as screenshots, messages, videos, or voice recordings.
- Write down the details of the threat: date, time, place, and manner in which it was made.
- Identify any witnesses or others who can corroborate the incident.
Affidavit of Complaint
- Prepare a complaint-affidavit detailing the facts of the case.
- Attach all pieces of evidence (e.g., certified true copies of electronic evidence) and notarize your affidavit.
Filing with the Prosecutor’s Office
- The prosecutor will conduct a preliminary investigation to determine if there is probable cause to file charges in court.
- If the complaint is found sufficient, an Information (formal charge) will be filed in court.
Court Proceedings
- If the Prosecutor files the Information, the case goes to trial.
- During trial, both parties present evidence. If found guilty, the accused faces penalties as set by law.

4. Protective Measures

Barangay Protection Order (BPO): In cases of domestic threats, parents or guardians may seek a Barangay Protection Order under the Anti-Violence Against Women and Their Children Act (R.A. No. 9262) if the perpetrator is a family member or someone within the same household.
Temporary and Permanent Protection Orders: Courts may issue these orders to keep the minor safe while litigation is ongoing.

V. Penalties

1. Under the Revised Penal Code

Grave Threats (Article 282): The penalty can range from arresto mayor (1 month and 1 day to 6 months) to prision correccional (6 months and 1 day to 6 years), depending on the specific circumstances.
Light Threats (Article 283): Typically punishable by arresto menor or arresto mayor in its minimum period (up to 30 days to 2 months).

2. Under R.A. No. 7610

If the threat constitutes child abuse or psychological abuse, penalties may include prision mayor (6 years and 1 day to 12 years), depending on the severity of the offense and the court’s discretion.
Higher penalties may be imposed when aggravating circumstances (e.g., use of a deadly weapon, the child’s tender age, etc.) are present.

3. Under R.A. No. 10175 (Cybercrime Prevention Act)

Online threats may be penalized one degree higher than those provided by the Revised Penal Code, if committed through ICT, reflecting the legislature’s intent to deter cybercrime.

VI. Challenges in Prosecution

Gathering Evidence
- Proving threats often relies on testimonies, electronic or written communications. Clear and credible documentation is crucial.
Witness Availability
- Minors and their families may be hesitant to testify due to fear of retaliation. Support mechanisms from government agencies or child advocacy centers can help.
Jurisdiction
- Cyber-related threats can be reported where the message was sent, received, or accessed, sometimes complicating the venue of the case.
Delay in Legal Proceedings
- Philippine courts often face backlogs, leading to prolonged litigation. However, priority is often given to cases involving minors, especially if urgent protective measures are needed.

VII. Support Services and Legal Assistance

Department of Social Welfare and Development (DSWD)
- Provides counseling, temporary shelter, and other forms of assistance to child victims.
Philippine National Police (PNP) – Women and Children Protection Center
- Specializes in handling cases involving women and children.
Public Attorney’s Office (PAO)
- Offers free legal assistance to qualified indigent clients.
Child-Focused NGOs and Advocacy Groups
- Organizations like Child Protection Network, UNICEF Philippines, and other local child protection NGOs can provide guidance and support.

VIII. Practical Tips

Immediate Reporting: Contact authorities at once—delaying may weaken the case and risk the child’s safety.
Preserve Evidence: Keep digital or physical copies of threats, especially if made online or via text message.
Seek Support: Involve social workers, child psychologists, and legal aid organizations for counseling and legal guidance.
Maintain Confidentiality: Protect the minor’s identity whenever possible, especially on social media and public platforms.
Stay Updated on Legal Developments: Laws that protect minors continue to evolve, especially regarding cyber-based offenses.

IX. Conclusion

Filing criminal charges for threats against a minor is a significant step toward ensuring the safety and well-being of children in the Philippines. The law provides multiple avenues for redress—from provisions of the Revised Penal Code to specialized statutes like R.A. No. 7610 and the Cybercrime Prevention Act. Understanding these legal foundations, evidentiary requirements, and procedural steps is crucial to effectively protect minors and seek justice.

If you or someone you know is dealing with threats against a minor, consult with legal professionals or reach out to child protection agencies immediately. Swift action not only helps bring perpetrators to justice but also secures the health and future of the child involved.

Disclaimer Reminder: This article is for general informational purposes and does not replace legal advice from a qualified professional. If you are dealing with specific issues or need more detailed legal guidance, it is best to consult a lawyer or contact the appropriate government agencies.