In the Philippine legal system, the Barangay Protection Order (BPO) is a frequent subject of inquiry for individuals dealing with neighborhood disputes. However, there is a common misconception regarding its scope. To understand if a BPO applies to verbal threats from a neighbor, one must distinguish between the protections offered under Republic Act No. 9262 and the general restorative justice functions of the Katarungang Pambarangay.
The Scope of the BPO under R.A. 9262
The Barangay Protection Order is a specific legal remedy created by Republic Act No. 9262, also known as the Anti-Violence Against Women and Their Children Act of 2004.
By law, a BPO is designed specifically to prevent further acts of violence against women and their children committed by an intimate partner (husband, ex-husband, boyfriend, or someone with whom the victim has a common child).
- Target Population: Only women and their children.
- Relationship Requirement: There must be a domestic or intimate relationship between the victim and the perpetrator.
- Purpose: To provide immediate, 15-day relief by ordering the perpetrator to cease and desist from committing "acts of violence" (physical, sexual, or psychological).
The Verdict: If a neighbor—with whom you have no intimate or domestic relationship—threatens you verbally, a BPO is not the correct legal remedy. A Punong Barangay cannot validly issue a BPO against a neighbor for simple neighborhood quarrels, as this falls outside the jurisdiction of R.A. 9262.
The Correct Recourse: The Katarungang Pambarangay
While a BPO may not apply, verbal threats from a neighbor are still actionable at the barangay level through the Katarungang Pambarangay (Barangay Justice System) under the Local Government Code.
1. Filing a Formal Complaint
Instead of a BPO, the aggrieved party should file a criminal or civil complaint for "Grave Threats" or "Light Threats" (under the Revised Penal Code) or "Unjust Vexation" with the Office of the Lupong Tagapamayapa.
2. The Mediation Process
The Barangay Captain will summon both parties for mediation. The goal is to reach an amicable settlement. If the neighbor has been verbally abusive or threatening, the settlement usually involves a "Kasunduan" (Agreement) where the neighbor signs a formal undertaking to cease the harassment.
3. Certificate to File Action (CFA)
If mediation fails or the neighbor refuses to show up, the Barangay will issue a Certificate to File Action. This document is a prerequisite for filing a formal criminal case for threats or oral defamation in court.
Legal Classification of Verbal Threats
When dealing with a neighbor's verbal outbursts, the Philippine Revised Penal Code (RPC) categorizes these actions as follows:
| Offense | Description |
|---|---|
| Grave Threats (Art. 282) | Threatening to inflict a wrong amounting to a crime (e.g., "I will kill you") conditioned upon money or a condition. |
| Light Threats (Art. 283/285) | Threats made in the heat of anger or which are not conditioned, but still cause fear. |
| Oral Defamation (Art. 358) | Also known as "Slander," involving the use of words that cast dishonor or contempt upon a person. |
| Unjust Vexation (Art. 287) | Any human conduct which, although not causing physical harm, unjustly annoys or irritates an innocent person. |
Summary Checklist for the Aggrieved
If you are being verbally threatened by a neighbor, follow these steps instead of seeking a BPO:
- Gather Evidence: Record the verbal threats via audio or video (if done in a public space where there is no expectation of privacy) or secure witnesses.
- Report to the Police: Have the incident recorded in the Police Blotter to establish a timeline of harassment.
- File a Complaint at the Barangay: Request a hearing for mediation (not a BPO) to address the threats.
- Request a Peace Covenant: During mediation, insist on a signed agreement that the neighbor will keep a specific distance and cease all verbal communication.
Note: If the threats involve the use of a firearm or immediate physical danger, do not wait for barangay mediation. Contact the Philippine National Police (PNP) immediately for intervention under the Revised Penal Code.