Dear Attorney,

I am seeking advice regarding a situation where someone cursed at my spouse and even threatened to punch them in the stomach. The person doing this was intoxicated. Can you advise me on what legal action can be taken against this individual? Does the fact that they were drunk excuse their behavior?

Sincerely,
Concerned Spouse

Insights

In the context of the Philippines, the described behavior falls under verbal threats and unjust vexation, both of which are covered by the Revised Penal Code (RPC). These are criminal offenses, regardless of whether the individual was intoxicated at the time. Drunkenness does not exonerate an individual from liability, except in extremely rare cases of complete lack of mental control due to intoxication, which must be proven.

Verbal Threats (Grave Threats and Light Threats)

1. Definition of Threats: Threats are broadly categorized under Articles 282 to 285 of the RPC. A threat involves a declaration or an act indicating harm or violence against another person, with the intent of causing fear, harm, or forcing someone to act against their will.

Grave Threats (Article 282): A person commits grave threats when they threaten another with a wrong that is punishable by law, such as injury or serious physical harm. If the threat is made with the intention of demanding money or services, it becomes more severe.
Light Threats (Article 285): If the threat involves less serious harm or danger, it is considered a light threat. In this case, a verbal statement threatening to punch someone in the stomach could fall under this category.

In the case of a verbal threat made against a spouse, even if no physical harm is inflicted, the act of threatening violence may be sufficient to constitute either grave or light threats, depending on the context and the perceived seriousness of the danger.

Unjust Vexation (Article 287 of the RPC):

In addition to threats, the behavior described could also fall under the legal concept of unjust vexation. Unjust vexation occurs when a person annoys, irritates, or disturbs another without justifiable cause. This can include actions such as cursing, harassing, or causing emotional distress through words or behavior.

Cursing: The act of verbally assaulting another person with profanities or degrading language can be considered unjust vexation if it causes significant annoyance or emotional harm.
Behavior without Justifiable Cause: If the intoxicated individual’s actions were unprovoked and unjustifiable, the legal basis for filing a case of unjust vexation is stronger. The court may consider the fact that the victim’s spouse was verbally attacked without any apparent reason or instigation.

Drunkenness as a Defense:

In general, intoxication is not a valid defense under Philippine law. Article 15 of the RPC provides that a person’s voluntary intoxication may be considered an aggravating circumstance, increasing their liability, especially if their behavior while intoxicated leads to the commission of a crime. The only exception is when the drunkenness is so extreme that it deprives the person of control over their actions, but such cases are rare and difficult to prove.

If the offender was aware of their actions while drunk, they are still liable under the law. Hence, the fact that the person was intoxicated does not excuse the threats or the cursing.

Legal Remedies:

Depending on the nature of the threat and the emotional or psychological impact it has caused, the aggrieved party can pursue legal remedies:

Filing a Criminal Case:
- Grave or Light Threats: You can file a criminal complaint for either grave or light threats under Articles 282 to 285 of the RPC.
- Unjust Vexation: A criminal complaint for unjust vexation can also be pursued, which is commonly filed when the disturbance is primarily emotional or psychological rather than physical.
Protection Orders:
- If the victim fears for their safety, they may file for a protection order under the Anti-Violence Against Women and Their Children Act (Republic Act No. 9262). Though this law typically applies to family and domestic relationships, the court may still consider harassment as a basis for granting protective measures, depending on the context.
Civil Remedies for Damages:
- A civil case for damages (moral and exemplary) can be filed in addition to or instead of a criminal case. If the offensive actions caused emotional distress, anxiety, or humiliation, the victim can seek compensation under Articles 19, 20, and 21 of the Civil Code, which protect individuals from wrongful acts that cause harm.

Filing a Police Report:

Before filing a formal case, it is advisable to document the incident by filing a police report. The report serves as an official record of the event and may be used as evidence when pursuing legal remedies. The police may also issue a barangay clearance if required, especially in cases of minor disputes or where mediation is encouraged before escalation to the courts.

Barangay Mediation:

For less severe offenses such as light threats and unjust vexation, the law encourages barangay conciliation under the Katarungang Pambarangay Law (Presidential Decree No. 1508). This requires the disputing parties to attempt a settlement at the barangay level before filing a case in court. However, if mediation fails or if the threats are serious, the case can be escalated to the appropriate judicial bodies.

Potential Penalties:

Grave Threats: Imprisonment of up to six years, depending on the severity of the threat and the intent behind it.
Light Threats: Imprisonment or a fine.
Unjust Vexation: Arresto menor, which can involve imprisonment from one day to 30 days or a fine.

Given the legal frameworks in place, the spouse of the aggrieved party may pursue criminal or civil remedies to hold the offender accountable for their actions, whether or not the individual was intoxicated.

In conclusion, verbal threats and unjust vexation are criminal offenses under Philippine law, and the intoxication of the offender does not absolve them of liability. Legal action, including criminal and civil cases, can be filed to seek justice and compensation for any harm caused by such behavior.