Death threat

Good day po I need help,

My father helped put out a municipal ordinance in our area disallowing tricycles from illegally forming a terminal from the main road, we live right beside it and these trikes are a nuisance for many reasons. And it is illegal for a trike to park in the main road way in the first place. Due to this new ordinance my father was given a direct death threat. He reported to the police and this is what happened:

- the one who gave the threat was only scolded, not much punishment there.
- later the signs of the ordinance was stripped off and stolen by the trikes

That was 3-4 years ago until I came home from Makati after my resignation and eventually experienced the abuse of these trikes.

- snide remarks whenever my father arrives
- shouting and cursing outside our home

I then found out about the threat and that has angered me, the very same person who gave a death threat to my father is in front of our house every single day, giving us mean stares. I finally sent a report to the police, here is what happened:

- the police admitted that they are having trouble getting rid of them since they kept coming back
- after numerous calls & pnp txt service messages the police would never arrive or if they do it would take 2 hours. The police station is about 3-4 mins away in plain view.
- after many complaints the chief of police gave a statement 'humanitarian consideration' for the trikes, they already knew we received threats but they still let them go. And they lied to us in the first place saying they couldn't catch them when they're letting them go in the first place.

I reported the police to the National Police Comission thru email, calls (noone answered) and PNP txt service. I asked for anonymity of my report, here is what happened the next few days:
- the trikes shouted out loud besides our house even louder than before
- one of the trikes called out in front of our gate "Tawag lang ng tawag, txt lang ng txt", which I perceive as another threat. What's odd is how they knew it was me and my methods of reporting, only the police knows of my reports.
- I later received many indirect threats, 'parinig' or remarks they called out loudly outside talking about one person they would do harm to and one of them shouted out "Kami na ang bahala", that night when I locked the gate 2 men outside stood up immediately the moment they saw me and gave out very mean stares - that was the last indirect threat.
- During those days each time I am home they would scream out loud - verbal abuse outside. It's as if they are forcing me to leave by being as annoying as before


I don't want my neighbors to feel the abuse so I stayed for awhile in Paranaque until I could gather enough help. I went to the media and they gave me access to the Mayor, I was then referred to the chief of the Tricycle franchising office and offered help to remove those colorums.
- after a year nothing much changed and the trikes seem to have increased



What can I do here?
If I were to do legal action against these trikes, can I sue a whole group?
I did not know a restraining order is possible for threats, is it too late to ask for one?
Can I sue our law enforcers or will the police comission or the ombudsman do this?
Can you sue a government official for incompetence leading to our endangerment?
These trikes were suspected of having ties with the police and possibly bribing people from the government, what should I watch out for?




Thank you for reading this and I deeply appreciate your replies and advice.

hi elija. we will try to answer all your questions so give us time to do some research. I will start answering by stating that the crime committed was grave threats under art 282 of the Revised Penal Code since you mentioned that the person gave your father death threats

ARTICLE 282. GRAVE THREATS
ACTS PUNISHABLE:
1. By threatening another with the infliction upon
his person, honor or property or that of his
family of any wrong amounting to a crime and
demanding money or imposing any other
condition, even though not unlawful and the
offender attained his purpose.
2. By making such threat without the offender
attaining his purpose.
3. By threatening another with the infliction upon his
person, honor or property or that of his family of
any wrong amounting to a crime, the threat not
being subject to a condition. .

let us have a clearer picture first of your place

taftavenue wrote:hi elija. we will try to answer all your questions so give us time to do some research. I will start answering by stating that the crime committed was grave threats under art 282 of the Revised Penal Code since you mentioned that the person gave your father death threats

ARTICLE 282. GRAVE THREATS
ACTS PUNISHABLE:
1. By threatening another with the infliction upon
his person, honor or property or that of his
family of any wrong amounting to a crime and
demanding money or imposing any other
condition, even though not unlawful and the
offender attained his purpose.
2. By making such threat without the offender
attaining his purpose.
3. By threatening another with the infliction upon his
person, honor or property or that of his family of
any wrong amounting to a crime, the threat not
being subject to a condition. .

Thank you for your time, here are more details of the threat:

1. One of the trike drivers walked towards my father and said to him directly "Patutumbahin kita"

1. The 2nd threat came from the same person and shouted out "Tawag lang ng tawag, txt lang ng txt!" in front of our gate while looking at me

1. The 3rd one seems to be played out, one group shouts out "[causing harm, I didn't hear it right] ko na yan eh!" , then one of the trike people said "Kami na ang bahala". That night I saw two men who simultaneously stood up just as I walked up towards the gate with threatening looks

@joker: something like that, I didn't have any good pictures since they are always watching me from my house and taking pictures may lead to an argument or something..

I suggest that you resort first to administrative remedies because these are more speedy and less expensive. Here are some:

-this involves a municipal ordinance so you should complain to the Sanggunian Bayan most especially the committee where the ordinance originated.

-Tricycle franchising was already devolved from LTFRB to the local govenment unit. you can go to one in charge with the franchising and ask that the franchise of erring tricycles be suspended or revoked

-You can hold a dialogue with the Tricycle Operators and Drivers Association so that they can warn their erring members

-how about reporting to the media like Citizen Patrol of ABSCBN

If all else fail, then you can go to court and file a civil case for abatement of nuissance. here are the laws applicable

Art 694 NCC. Nuisance is any act, omission, establishment, business, condition of property, or anything else which:
1) injures or endangers the health or safety of others
2) annoys or offends the senses
3) shocks, defies or disregards decency or morality
4) obstructs or interferes with the free passage of any public highway or street, or any body of water
5) hinders or impairs the use of property

Art 698 Lapse of time cannot legalize any nuisance, whether
public or private

Art 699 REMEDIES AGAINST A PUBLIC NUISANCE are:
1.a prosecution under the Penal Code or any local ordinance
2.Civil Action
2.abatement. without judicial proceedings

(remedies may be simultaneously pursued to remove a nuisance)

You may also want to file criminal charges against the one who gave you death threats

Thank you for the information!

Unfortunately the government nowadays aren't that 'speedy'. The LTFRB are already helping me out impound the trikes, but somehow.. the trikes were let loose, and it's taking quite a long time to get rid of them.

@Art 698 Lapse of time : what does this mean? that their abuse doesn't have some kind of time limit before taking legal action?

If I were to pursue legal action against this group, how much would it cost me for a lawyer? and how much damages can I claim?
- I have been away from my home for 1 year due to the threats and deliberate nuisance from the trikes
- It has become a major stress source, my hair is falling out, my mood is affected
- I have anxiety disorder, I have been taking medication so I was feeling better before.. until the time they gave out threats that the anxiety attacks came back.


I heard that in UP office of legal aid there are free legal services (also other universities offering Law studies) .. anyone tried signing up for help from those places?

Elijah wrote:
@Art 698 Lapse of time : what does this mean? that their abuse doesn't have some kind of time limit before taking legal action?

This is best illustrated in the case of TIMONER, vs COURT OF APPEALS, where the Supreme Court decided that a barbershop which occupied a portion of the sidewalk of the poblacion's main thoroughfare is a nuisance

Under the facts of the case, as well as the law in point, there is no semblance of any legality or right that exists in favor of the defendants to build a stall and conduct their business in a sidewalk, especially in a highway where it does not only constitute a menace to the health of the general public passing through the street and also of the unsanitary condition that is bred therein as well as the unsightly and ugly structures in the said place. Moreover, even if it is claimed and pretended that there was a license, permit or toleration of the defendants' makeshift store and living quarters for a number of years does not lend legality to an act which is a nuisance per se. Such nuisance affects the community or neighborhood or any considerable number of persons and the general public which posed a danger to the people in general passing and using that place, for in addition, this is an annoyance to the public by the invasion of its rights the fact that it is in a public place and annoying to all who come within its sphere

this means that even if the tricycle terminal was already existing for so long and was already tolerated by some, its nature as a nuisance does not change hence it is still illegal.

sir if you file a criminal case, the fiscal or prosecutor shall be your lawyer if you wish and you need not pay attorneys fees. Im not sure but you will only pay the filing fees and miscellaneous fees.

as to the damages, you can discuss this with your lawyer. You are entitled but not limited to moral damages because you mentioned that this has become a major stress source, your mood is affected and you have anxiety disorder

I hope this helps.
Other legal advices from fellow law students and lawyers are very much welcomed

@fiscal: that sounds excellent

I was told it may take months if I were to pursue legal action (taking them to court), what are the usual procedures being done in the court? and what makes them take a long time?