Dear Attorney,

I am writing to seek legal advice on behalf of a friend. A classmate of ours recently threatened to kill my friend, simply because my friend was minding his own business and not interfering in any way. My friend is very concerned for his safety, and we are unsure of the legal steps we can take to address this situation.

Can you please advise on how we should proceed? Specifically, we would like to know if this type of threat is considered a criminal offense under Philippine law, and what actions we can take to ensure my friend’s protection.

Sincerely,
Concerned Student

Insights:

In the Philippines, any form of threat, especially one involving the potential for physical harm or death, is taken seriously under the law. The Revised Penal Code addresses such concerns through the provisions on Grave Threats and Light Threats.

Article 282 of the Revised Penal Code defines Grave Threats as those where a person threatens another with the infliction of a crime against their person, honor, or property, coupled with a demand for something, even if the threat is not immediately acted upon. In the case you described, the threat to kill your friend falls within this provision, even if it was made without any conditional demands. A conviction under this law can result in imprisonment.

Additionally, Article 285 of the same Code covers Other Light Threats, where any person makes a threat to commit a crime, regardless of whether there is a condition attached or not. This law also applies to situations where no crime actually takes place but the threat alone has caused fear or distress to the victim.

The law offers several protective measures to individuals who are victims of such threats:

Filing a Criminal Complaint: Your friend may file a criminal complaint with the local police or directly with the prosecutor’s office. This action will initiate an investigation, and depending on the gravity of the situation, the classmate may face charges of grave or light threats under the Revised Penal Code.
Request for a Protection Order: Although typically used in cases of domestic violence, a Barangay Protection Order (BPO) could still be requested as an immediate measure if the threat escalates into harassment or physical harm. A BPO can help prevent further contact between the victim and the aggressor.
Coordination with School Authorities: In cases involving minors or school environments, it is also advisable to report the incident to school administrators. Educational institutions have internal policies and may enforce disciplinary actions against students involved in threatening behavior.
Consideration of Psychological Impact: In addition to legal remedies, your friend may want to seek professional help if the threat has caused significant emotional or psychological distress. This step can help in documenting the trauma caused by the threat, which could strengthen the legal case.

It is important that your friend immediately documents the threat by taking note of the date, time, and any witnesses who may have overheard the statement. If the threat was made through text messages, social media, or other electronic means, screenshots or recordings should be preserved. This documentation will serve as critical evidence should your friend decide to pursue legal action.

Please take this situation seriously, as threats of harm or death should not be ignored. I would recommend contacting local law enforcement immediately to ensure your friend’s safety and to take the necessary legal steps to prevent further threats.