"I agree in some point, but he can always ignore the harsh message, if he want to."
Which in fact he did for a month but because of the continuous provocation on the part of the girl, jrdmania lose his temper and had a fit of outburst.
We cannot discount the incidents leading to his act of sending those messages, i.e., the circumstances why he sent those messages in the first place. Who provoked who? Based on the facts given, it seems that jrdmania is psychologically and mentally affected by the girl's actuation.
"Filing a case against him should not be consider as a threat, it is a right of the girl."
Oh, I was not actually referring to the filing of the case. I was referring to this "when i found out we talked with her mom na i will support financially pero sa baby lang ito....during that time gusto ng ex ko na makipagbalikan pero ayoko na dahil sa mga nangyari sa relasyon namin...nangungulit sya.. naninisi, nagbabanta at nananakot pero during the first month natiis ko pa...kahit minsan di na ako makatulog or makapasok sa trabaho dahil dun," there may be other threats hurled at jrdmania by the girl.
But just the same, while filing a case is a matter of right, it should however be based on legal and factual bases and not based on bad faith and malice with intention to harass and inconvenience another. Threatening to file a case against someone in order to force him to do or to give something which he is not legally bound to do or to give is already a malicious threat and a form of harassment.
There is malicious prosecution when a person directly insinuates or imputes to an innocent person the commission of a crime and the accused is compelled to defend himself in court. While generally associated with unfounded criminal actions, the term has been expanded to include unfounded civil suits instituted just to vex and humiliate the defendant despite the absence of a cause of action or probable cause.
If jrdmania has proof that the prosecution was prompted by a sinister design to vex and humiliate him, and that it was initiated deliberately knowing that the charge was false and baseless, he can in fact be entitled to damages.
While he may have sent vicious, name-calling, cursing messages to the girl, the circumstances surrounding this incident should be taken into consideration before ruling it out as verbal abuse and most especially the verbal abuse should be repeatedly done. If the incident is just a one time fit of anger and in fact was never done in a repetitious manner then she has no ground under RA 9262. Neither can she claim that jrdmania refused to support the child, since he stated that he actually talked to the girl's mom and made known of his willingness to provide support.
The right to institute criminal prosecutions has its metes and bounds and can not be exercised maliciously and in bad faith to the detriment and harassment of a person who, without cause, is pestered, inconvenienced, and rendered cash-strapped inasmuch as such suits where liberty is at stake, compel an accused to hire a lawyer and incur other expenses for his defense. There is a psychological burden that an accused and his family would have to hurdle in the interregnum. Indeed, being tagged as an accused is by itself traumatic. (Martires v. Cokieng, G.R. No. 150192. February 17, 2005)
"IMO, the only way to solve their problem, outside the court is to talk to the girl and her family. Walang problema na hindi nalulutas sa maayos na paguusap."
To this, I agree with you 100%.