Dear Attorney,
I am deeply concerned about an incident where an individual exhibited threatening behavior towards my child, using gestures that implied harm. This act was witnessed by my spouse and caused us significant distress. What legal action can we take to ensure our family’s safety and hold the person accountable?
Concerned Parent
Insights
In the Philippines, threatening or intimidating behavior towards a person, particularly a child, may fall under the legal concept of "grave threats." According to Article 282 of the Revised Penal Code, a grave threat occurs when a person threatens another with a crime, such as serious physical harm, but does not necessarily carry out the act. If the threat involves gestures or an indication that a deadly weapon might be used, it is considered more serious.
Grave threats can be filed if the person intends to cause fear of imminent harm, even if the threat is not carried out. The law classifies these threats as crimes against security, intended to safeguard individuals from fear or the risk of harm. In situations where threats are directed towards minors, this could further escalate the seriousness of the charge. Parents have the right to file a complaint on behalf of their children and seek legal remedies, including a restraining order or protection order if necessary.
Additionally, the act of brandishing or using a weapon in a threatening manner may also fall under the crime of "illegal possession of deadly weapons" if the individual did not have legal authority to carry the weapon. Depending on the nature of the threat, the police may intervene to ensure immediate safety.
To protect your family, it is crucial to document the incident carefully, including any witnesses, and consult with local law enforcement for immediate assistance. Filing a formal complaint with the police or the barangay may initiate the legal process, ensuring that the appropriate criminal charges are pursued. Additionally, seeking legal counsel is advisable to guide you through filing the appropriate cases, such as a criminal complaint for grave threats, and to explore protective measures to prevent further harm.