Dear Attorney,
I am reaching out to seek your legal advice regarding an ongoing issue with my sibling. Recently, my sibling has threatened to harm me and continues to make negative posts about me on social media. I am currently pregnant, and the stress from these threats and online harassment is overwhelming. I am concerned about my safety and the potential impact on my pregnancy. What legal steps can I take to protect myself from these threats and online harassment?
Sincerely,
A Concerned Pregnant Woman
Insights
In this situation, it is essential to address both the threats and the social media harassment, as they could have severe legal and personal consequences.
First, under Philippine law, you can file a complaint based on grave threats under Article 282 of the Revised Penal Code. This law applies when someone threatens another person with harm or violence, which is exactly what your sibling has done. Even if the threat has not yet materialized, it is still actionable. You can go to your local police station or barangay hall to file a complaint, providing any evidence you have (such as text messages, screenshots, or witnesses) to support your claim.
Additionally, under Republic Act No. 9262, or the Anti-Violence Against Women and Their Children Act of 2004 (VAWC), women, especially pregnant ones, are given legal protection against psychological and emotional abuse. The persistent threats and social media posts, which are contributing to your stress, could fall under emotional abuse as defined by this law. You may file a case under this law, and the court may issue a Temporary Protection Order (TPO) to prevent your sibling from continuing any harassment or making further contact with you.
Furthermore, for the online posts, you can explore legal action under Republic Act No. 10175, or the Cybercrime Prevention Act of 2012, which penalizes cyber harassment. Posting harmful content about you on social media, especially if it involves defamation or malicious accusations, could be considered cyber libel. You may file a complaint with the Philippine National Police Anti-Cybercrime Group (PNP ACG) or the National Bureau of Investigation (NBI), bringing any evidence of the online harassment, such as screenshots, links to the posts, or messages.
Lastly, as you are pregnant and under immense stress, your mental and emotional well-being are critical. Seek the protection of your local barangay through the Barangay Protection Order (BPO) process. The barangay may issue a BPO that provides immediate protection against any threats or abuse by prohibiting your sibling from approaching you or continuing any form of harassment.
In summary, you have several legal remedies available to address the threats and online harassment from your sibling. Filing complaints under grave threats, VAWC, and cybercrime laws will provide a layer of protection, and a TPO or BPO can ensure your immediate safety while the legal process is ongoing. It is advisable to consult with a lawyer or seek assistance from the Public Attorney’s Office (PAO) to guide you through these legal steps.