Penalties for Police Officers Threatening Detainees and Families in the Philippines

A practical, legally grounded guide (Philippine context)

Bottom line: In the Philippines, any threat or intimidation by police against a person under custodial investigation—or against that person’s relatives—is illegal. It can trigger criminal, administrative/disciplinary, and civil liability, plus evidence-exclusion consequences that can collapse a prosecution.

1) The core rule: threats are flatly prohibited

1987 Constitution, Art. III (Bill of Rights)
- Sec. 12(2)–(3): During custodial investigation, “no torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall be used,” and any confession or admission obtained in violation is inadmissible against the person.
- Sec. 12(4): Secret detention places, solitary, incommunicado or other similar forms are prohibited.
R.A. 7438 (Rights of Persons Arrested, Detained or Under Investigation) Codifies custodial rights (counsel, notice to family, medical access) and penalizes officers who violate them—including by threats or intimidation to extract statements.
R.A. 9745 (Anti-Torture Act of 2009) Defines torture to include mental/psychological torture, expressly covering threatening the victim or the victim’s family to coerce, punish, intimidate, or obtain information/confession. Imposes serious criminal penalties and administrative sanctions, and renders any resulting confession inadmissible.

2) Criminal liability (what crimes apply, and why)

Below are the common charging options prosecutors use when police threaten a detainee or the detainee’s relatives. Several can be filed together when the facts fit.

A. Torture or Other Cruel, Inhuman or Degrading Treatment (R.A. 9745)

Covered conduct: Threats that cause severe mental suffering (e.g., threatening to harm/kill the detainee or family, or to plant evidence) to intimidate/coerce a detainee.
Who can be liable: The police officer who does it, anyone who orders, consents, or acquiesces; command-responsible superiors may also face liability.
Penalties: Severe imprisonment terms (often in the prisión mayor up to reclusión perpetua range, depending on gravity and resulting harm), fines, perpetual disqualification, and other accessory penalties.
Evidentiary rule: Absolute exclusion of any confession/admission or evidence obtained by/through torture.

B. Grave Threats / Coercion (Revised Penal Code)

Grave threats (RPC Art. 282): Threatening to commit a crime against the detainee or their family (e.g., “I will charge your brother with drugs if you don’t confess”).
- Penalty scales with: (i) whether the threat imposed a condition/demand (e.g., “confess now”/“pay”), (ii) whether the offender achieved the purpose, and (iii) whether the threat was in writing/through an intermediary.
- Aggravating factor: Abuse of public position (police status) can increase the penalty within the range.
Grave coercion (RPC Art. 286): Compelling someone to do what the law does not require (or preventing a lawful act) by violence, threats, or intimidation (e.g., forcing a confession, coercing a family member to withdraw a complaint).
Other related RPC offenses (as facts warrant):
- Unlawful arrest (Art. 269) if threats accompany an arrest without legal grounds.
- Arbitrary detention (Arts. 124–126) if a person is detained without grounds, and threats are used to keep them silent.
- Illegal discharge of firearm (Art. 254) if a gun is fired to intimidate.
- Robbery/extortion (Art. 294 et seq.) if money or property is demanded under threat.
- Direct/indirect bribery (RPC Arts. 210–211) or Anti-Graft (R.A. 3019) if threats are used to extract “grease money” or undue advantage.

C. Obstruction of Justice (P.D. 1829)

Covered conduct: Threatening or intimidating a person (the detainee or relatives) to prevent reporting, filing a complaint, or testifying.
Penalty: Imprisonment (correctional range) and/or fine.

D. When victims are children or women

R.A. 7610 (child abuse) → Psychological abuse or intimidation against children (including child-detainees or detainees’ minor relatives) can be charged and carries higher penalties.
R.A. 9344 (juvenile justice) → reinforced prohibitions on threats and coercion of children in conflict with the law.
R.A. 9262 (VAWC) → if the threatened relative is a spouse/intimate partner of the officer or the detainee, threats that cause mental/emotional anguish are punishable.

3) Administrative/disciplinary liability (inside the PNP & Civil Service)

Grave Misconduct, Oppression, Conduct Unbecoming, Abuse of Authority: Threats or intimidation toward detainees/families almost always qualify as grave misconduct or oppression.
Sanctions (first offense possible): Dismissal from the service, forfeiture of benefits, cancellation of eligibility, and perpetual disqualification from government employment; or long suspensions at minimum.
Who investigates:
- PNP Internal Affairs Service (IAS): motu proprio or upon complaint; can recommend dismissal/suspension.
- NAPOLCOM: disciplinary authority over PNP.
- Office of the Ombudsman: administrative cases for public officers; may run parallel with criminal cases.
- Civil Service Commission: review/appeals in appropriate cases.

4) Civil liability (damages)

Civil Code Art. 32: Any public officer (or private individual) who violates constitutional rights (e.g., by threats during custody) is civilly liable for damages, regardless of good faith.
Art. 2219, 2229: Moral and exemplary damages may be awarded; attorney’s fees (Art. 2208) may be granted.
Art. 34: A police officer who refuses or fails to render aid or protection may be primarily liable, with the city/municipality subsidiarily liable—relevant where families seek help against threats.

5) Evidence consequences (why threats backfire legally)

Exclusionary rule (Constitution & R.A. 9745): Any confession/admission obtained through threats, intimidation, or torture is inadmissible. Evidence later derived from torture may also be suppressed or treated with extreme caution.
Burden on the State: The prosecution must show that custodial statements were voluntary and taken with counsel present; threats negate voluntariness.

6) Penalty classes (to understand ranges you’ll see in charges)

(These are the standard RPC terms you’ll encounter; exact charges determine which class applies.)

Arresto mayor: 1 month and 1 day to 6 months
Prisión correccional: 6 months and 1 day to 6 years
Prisión mayor: 6 years and 1 day to 12 years
Reclusión temporal: 12 years and 1 day to 20 years
Reclusión perpetua: indeterminate 20–40 years, with accessory penalties

Note: Special laws like R.A. 9745 (torture) map their penalties to these classes and often add perpetual disqualification and accessory penalties.

7) How these rules work together (typical charging patterns)

Threats to force a confession:
- R.A. 9745 (torture) and/or RPC grave coercion; plus R.A. 7438 violation.
- Effect: Confession is thrown out; officer faces criminal, admin, civil liability.
Threats against the detainee’s spouse/children to keep them quiet:
- R.A. 9745 (mental torture), PD 1829 (obstruction of justice); R.A. 7610 if minors are threatened.
Threats to fabricate charges unless the family pays:
- Grave threats/grave coercion, robbery (extortion), bribery/anti-graft, plus admin dismissal.
Gun-brandishing or firing shots to intimidate:
- Grave threats/coercion + illegal discharge of firearm; aggravating for abuse of public position.

8) Where and how to file

If urgent danger: call 911, seek immediate safety; request temporary protection via Writ of Amparo (Regional Trial Court; available even against State agents), which can extend to family members.
Criminal complaint:
- Office of the Ombudsman (especially for public-officer offenses), or
- City/Provincial Prosecutor (DOJ). Attach: sworn statements, medical/psychological reports, photos/audio/video, call logs, chat/phone screenshots, names of witnesses.
Administrative complaint: PNP-IAS (copy NAPOLCOM). Request preventive suspension if warranted.
Civil action for damages: RTC (separate and independent of criminal case).
Human-rights investigation & assistance: Commission on Human Rights (CHR).
Witness protection: R.A. 6981 (WPP)—coverage can extend to family members of witnesses; apply through DOJ/Prosecutor’s Office.

9) Practical proof tips

Record specifics: exact words, date/time, location, officers’ names/badge numbers, other persons present, what was demanded.
Preserve evidence: screenshots/recordings (if lawfully made), CCTV requests, medical/psych reports (psychological impact supports mental torture).
Ask for counsel immediately and refuse to sign any document without counsel.
Insist on entry in the police blotter and obtain a certified copy.
Notify a trusted person; under R.A. 7438, family must be informed of the arrest and place of detention.

10) Defenses commonly raised (and how they’re assessed)

“It was just a warning.” If language or conduct instills fear or is used to compel action, it can still amount to threats/coercion or mental torture.
“No actual injury.” Not required for threats/coercion; for torture, mental suffering and the purpose (coercion/intimidation) are key.
“Good faith in performance of duty.” No defense to violations of constitutional rights (Art. 32 liability is regardless of good faith) and not a shield to torture/threats.

11) Prescription (time limits)

RPC crimes: generally 15–20 years for afflictive penalties; 10 years for correctional; 5 years for light offenses (counting from discovery/commission, with interruptions on filing).
Special laws (e.g., R.A. 9745): follow Act No. 3326 unless the special law states otherwise. Do not delay—file as early as possible to avoid prescription issues.

12) Quick reference table

Scenario	Likely Charges	Key Penalties/Effects
Threatening detainee or family to make them confess	R.A. 9745 (torture); RPC grave coercion; R.A. 7438	Severe imprisonment, disqualification; confession inadmissible; admin dismissal
Threatening relatives not to file a case	PD 1829 (obstruction); R.A. 9745 if severe	Correctional to afflictive penalties; admin sanctions
Demanding money under threat of filing/planting charges	Grave threats/coercion, robbery/extortion, bribery/anti-graft	Afflictive penalties + anti-graft sanctions; admin dismissal
Firing gun to scare detainee/family	Illegal discharge of firearm, grave threats	Afflictive penalties; aggravating abuse of authority
Threats to minors	R.A. 7610, R.A. 9745	Higher penalties; protective measures for children

13) Penalty calibration in practice

Courts and disciplinary bodies look at:

Specificity and credibility of the threat;
Purpose (to coerce, punish, intimidate, or obstruct justice);
Targets (involving children or vulnerable persons increases exposure);
Manner (use of firearm, written threats, intermediaries);
Status of offender (abuse of public position aggravates);
Actual impact (psychological harm, forced confession, withdrawal of complaint).

Final notes

This guide provides legal information, not individual legal advice. Particular facts can change the applicable charges and penalties.
If you (or a client) are facing threats, document everything, get counsel immediately, and file criminal/admin complaints; consider applying for a Writ of Amparo and Witness Protection to shield the family.
For precise penalty computations/fines under specific provisions (e.g., R.A. 7438, R.A. 9745), consult the latest statutory text and rules of court, as amounts and ranges are periodically updated by law.