Grave Threats, Light Threats, and Other Light Threats

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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.

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AT A GLANCE:

The crimes of grave threats, light threats, and other light threats are provided under Articles 282, 283, and 285 of the Revised Penal Code.

According to the case of RONNIE CALUAG vs. PEOPLE OF THE PHILIPPINES, G.R. No. 171511, March 4, 2009, in grave threats, the wrong threatened amounts to a crime which may or may not be accompanied by a condition. In light threats, the wrong threatened does not amount to a crime but is always accompanied by a condition. In other light threats, the wrong threatened does not amount to a crime and there is no condition.

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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 be 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 be 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 500 pesos, if the threat shall not have been made subject to a condition.

 

Art. 283. Light threats. — Any threat to commit a wrong not constituting a crime, made in the manner expressed in subdivision 1 of the next preceding article, shall be punished by arresto mayor.

 

Art. 285. Other light threats. — The penalty of arresto menor in its minimum period or a fine not exceeding 200 pesos shall be imposed upon:

 

1. Any person who, without being included in the provisions of the next preceding article, shall threaten another with a weapon or draw such weapon in a quarrel, unless it be in lawful self-defense.
2. Any person who, in the heat of anger, shall orally threaten another with some harm not constituting a crime, and who by subsequent acts show that he did not persist in the idea involved in his threat, provided that the circumstances of the offense shall not bring it within the provisions of Article 282 of this Code.
3. Any person who shall orally threaten to do another any harm not constituting a felony.

 

According to The Revised Penal Code – Book Two by Luis B. Reyes, the following are the acts punishable as grave threats and other light threats, as well as the elements of grave threats, light threats, and other light threats.

 

Acts Punishable as Grave Threats

 

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.

 

Elements of Grave Threats

 

Elements of grave threats where offender attained his purpose:

 

1. That the offender threatens another person with the infliction upon latter’s person, honor or property, or upon that of the latter’s family, of any wrong.
2. That such wrong amounts to a crime.
3. That there is a demand for money or that any other condition is imposed, even though not unlawful.
4. That the offender attains his purpose.

 

Elements of grave threats not subject to a condition:

 

1. That the offender threatens another person with the infliction upon the latter’s person 
2. That such wrong amounts to a crime.
3. That the threat is not subject to a condition.

 

Elements of Light Threats

 

1. That the offender makes a threat to commit a wrong.
2. That the wrong does not constitute a crime.
3. That there is a demand for money or that other condition is imposed, even though not unlawful.
4. That the offender has attained his purpose or that he has not attained his purpose.

 

Acts Punished as Other Light Threats

 

1. By threatening another with a weapon, or by drawing such weapon in a quarrel, unless it be in lawful self-defense.
2. By orally threatening another, in the heat of anger, with some harm (not) constituting a crime, without persisting in the idea involved in his threat.
3. By orally threatening to do another any harm not constituting a felony.

 

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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding legal services, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/ 09175772207/ 09778050020.

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