In the digital age, social media has become a platform for communication,
self-expression, and even heated arguments. However, some individuals cross the
line by posting threats online, often without realizing the potential legal
consequences. Under Philippine law, making threats—especially when communicated
through electronic channels—can lead to criminal liability under the Revised
Penal Code (RPC) and Republic Act No. 10175, also known as the Cybercrime
Prevention Act of 2012.
One recent incident
highlighting the dangers of online threats involved PBA player RJ Abarrientos,
who received death threats on social media. The threats were reportedly linked
to gambling, with disgruntled bettors blaming him for losing their wagers. The
threats did not stop at Abarrientos; they also extended to his family,
escalating the severity of the situation. A social media post that went viral
included explicit threats against his life, stating that he should be careful
as he and his family were being watched. The Philippine Basketball Association
(PBA) quickly condemned the threats and sought the help of the National Bureau
of Investigation (NBI) to identify and prosecute the individuals involved. This
incident serves as a glaring reminder that online threats can have serious
legal repercussions, even if made out of frustration.
Under the Revised Penal
Code, the following provisions penalize the act of making threats:
"ART. 282. Grave threats. — Any person who shall threaten another with the infliction upon the person, honor or property of the latter or of his family of any wrong amounting to a crime, shall suffer:
1. The penalty next lower in degree than that prescribed by law for the crime he threatened to commit, if the offender shall have made the threat demanding money or imposing any other condition, even though not unlawful, and said offender shall have attained his purpose. If the offender shall not have attained his purpose, the penalty lower by two degrees shall be imposed.
If the threat made in writing or through a middleman, the penalty shall be imposed in its maximum period.
2. The penalty of arresto mayor and a fine not exceeding One hundred thousand pesos (P100,000), if the threat shall not have been made subject to a condition. (As amended by R.A. No. 10951, August 29, 2017)"
"Article 283 Light
Threats: A threat to commit a wrong not constituting a crime, made in a
manner expressed in subdivision 1 of the next preceding article, shall be punished by arresto mayor."
Other threatening acts not covered by the above provisions is penalized under Article 285 of the same Code.
Furthermore, the Cybercrime Prevention
Act of 2012 (RA 10175) enhances penalties for crimes committed using digital
platforms. Section 6 of RA 10175 states: "All crimes defined and penalized
by the Revised Penal Code, as amended, and special laws, if committed by,
through, and with the use of information and communications technologies, shall
be covered by the relevant provisions of this Act: Provided, That the penalty
to be imposed shall be one (1) degree higher than that provided for by the
Revised Penal Code, as amended, and special laws, as the case may be."
The severity of the offense and the penalty imposed depend on the surrounding circumstances and the totality of evidence. Several factors influence how the law is applied: the nature of the threat, the medium of communication, the intent of the perpetrator, and the effect on the victim. Even if the perpetrator claims they were merely joking or venting, the law considers the real and substantial fear experienced by the victim. The courts will assess social media posts, private messages, and testimonies to determine the legal liability of the offender.
Posting threats on social
media is a serious offense in the Philippines, with clear legal consequences
under both the Revised Penal Code and the Cybercrime Prevention Act. The case
of RJ Abarrientos demonstrates how seemingly impulsive online posts can escalate
into criminal investigations, emphasizing the importance of responsible digital
conduct. Frustration and anger are natural emotions but expressing them through
threats—whether serious or made in jest—can lead to legal repercussions.
As social media continues
to evolve, so must our awareness of its legal implications. Individuals must
think before they post, especially when emotions are high. Instead of venting
frustrations online, it is wiser to channel anger in a constructive manner to
avoid unintended legal consequences. The internet is not a lawless space, and
users must be mindful that threats, regardless of intent, can and will be
prosecuted under Philippine law.
#SocialMediaSafety
#ThinkBeforeYouPost #CybercrimeAwareness #OnlineThreats #LegalConsequences
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