Legal Remedies for Intrusion into One's Home in the Philippines

Ano ang pwedeng ikaso sa mga sumugod sa aking apartment habang buntis ako at kasama ang aking 3-taong gulang na anak?

In the Philippines, if individuals forcibly enter your home, various legal actions can be pursued depending on the circumstances. These include charges for trespassing, grave threats, coercion, and possible violations of the Anti-Violence Against Women and Their Children Act.

Trespassing

1. Qualified Trespass to Dwelling:

   • Under Article 280 of the Revised Penal Code, any person who shall enter the dwelling of another against the latter’s will is guilty of qualified trespass to dwelling.
   • This is punishable by arresto mayor (imprisonment of one month and one day to six months).

2. Simple Trespass:

   • If the intrusion does not meet the qualifications for qualified trespass, the act may still be considered simple trespass under Article 281, which is also punishable by arresto menor or a fine.

Grave Threats and Coercion

1. Grave Threats:

   • If the individuals threatened you or your child with harm, they may be charged with grave threats under Article 282 of the Revised Penal Code.
   • This offense involves threatening another with a crime, and the penalty varies based on the nature of the threat.

2. Coercion:

   • Under Article 286, any person who, by means of violence, threats, or intimidation, shall prevent another from doing something not prohibited by law, or compel him to do something against his will, whether it be right or wrong, can be charged with coercion.
   • This includes any act that compels you to do something or prevents you from exercising your rights.

Anti-Violence Against Women and Their Children Act (Republic Act No. 9262)

1. Psychological Violence:

   • The act of forcefully entering your home and causing distress to you and your child may be considered psychological violence under Republic Act No. 9262.
   • Psychological violence involves causing or attempting to cause mental or emotional suffering to the woman or her child through intimidation, harassment, stalking, damage to property, public ridicule or humiliation, repeated verbal abuse, and mental infidelity.
   • Penalties include imprisonment of six months to twelve years and fines.

2. Protective Orders:

   • You can also seek a protection order from the court to prevent further acts of violence and harassment. This includes a Barangay Protection Order (BPO), Temporary Protection Order (TPO), or Permanent Protection Order (PPO).
   • These orders can restrain the accused from coming near you and your child, contacting you, or causing further harm.

Conclusion

In summary, you have several legal remedies if individuals forcibly entered your home, especially considering your vulnerable state during pregnancy and the presence of your young child. It is crucial to report the incident to the authorities and seek legal assistance to ensure your rights and safety are protected.