Threats to Close Your Business Philippines

Addressing Threats to Close Your Business: Legal Recourse in the Philippines

Question:

A person is threatening to close my business if I don't give her money. She claims she will report my business activities, even though she has no basis that I conduct any illegal activities. What legal action can I take?

Answer:

Applicable Laws:

1. Revised Penal Code: Specifically, Articles 282 to 286 cover various types of threats.
2. Anti-Coercion Law: This may apply if threats are being made to force you to give something against your will.

Types of Cases You Can File:

1. Grave Coercion: If someone is forcing you to do something against your will under threat.
2. Grave Threats: When someone threatens you with a grave wrong to compel you to do something.

Steps to Take:

1. Gather Evidence: Collect all available evidence, such as text messages, emails, or any other form of communication where the threats were made.

2. Consult a Lawyer: Before proceeding, consult a lawyer familiar with Philippine law regarding threats and coercion.

3. File a Complaint: Visit your local police station to file a formal complaint. Attach the evidence you have collected.

4. Prosecution: Once a complaint is filed, the prosecutor will evaluate the evidence and determine if there is sufficient basis to charge the person in court.

What Happens After Filing?

After filing, the case will proceed to a preliminary investigation to assess the merits. If the prosecutor finds a basis, they will file the necessary charges in court.

Can I Also File for Damages?

Yes, you may file a separate civil case for damages you may have incurred as a result of the threats. This would be separate but can run concurrently with the criminal case.

How Long Does the Process Take?

The timeline can vary depending on the complexity of the case and the backlog of the local judicial system. It's advisable to consult your lawyer for an estimate.

What if the Person Retracts the Threat?

Even if the person retracts, you can still continue with the case, as the act of making the threat may already be punishable.

Disclaimer:

This article is intended for informational purposes and should not be considered legal advice. For advice tailored to your situation, consult a qualified attorney.