Dear Attorney,
I would like to ask about harassment. I am not referring to online, workplace, or sexual harassment, but just general harassment. Is it considered a crime under Philippine law? What legal actions can be taken against someone who repeatedly causes discomfort, annoys, or intimidates others in a public or private setting? Thank you for your time.
Sincerely,
Concerned Citizen
Insights
In Philippine law, general harassment, while not specifically named as a crime in the Revised Penal Code (RPC), may still be actionable under various legal provisions. The law addresses different types of behavior that could fall under general harassment, depending on the context and specific actions involved.
One common basis for filing charges related to general harassment is through the crime of "Unjust Vexation" under Article 287 of the Revised Penal Code. Unjust Vexation is any act that annoys, irritates, or disturbs another person without justification. This provision is often used as a catch-all to address situations where an individual's actions do not fall under more serious crimes but still cause significant inconvenience or disturbance to others. The penalty for unjust vexation is typically a fine or imprisonment depending on the severity of the act.
Additionally, repeated harassment or actions that cause fear or threaten the safety of a person may also be actionable under the Anti-Violence Against Women and Their Children Act (RA 9262), especially if the harassment is done by someone with a close relationship to the victim, such as a spouse or relative. In certain situations, harassment could also result in civil liability for damages under the Civil Code if it causes harm or injury.
Victims of harassment can file a complaint with their local police or barangay, depending on the nature of the harassment. They may also seek protection through a Temporary or Permanent Protection Order if the harassment involves domestic or personal relationships.
In conclusion, while general harassment is not explicitly labeled as a crime, various legal remedies and laws in the Philippines provide protection against it, depending on the specifics of the situation. It is advisable to consult with a lawyer for more personalized legal advice on the matter.