The crime of grave threats is a crime committed by a 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. This felony is consummated as soon as the threats come to the knowledge of the person threatened (Parea vs. People, G.R. No. 181626, 30 May 2011)
Grave Threats is punishable under Article 282 of the Revised Penal Code
Article 282 of the Revised Penal Code states:
“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 (2) 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 One hundred thousand pesos (₱100,000), if the threat shall not have been made subject to a condition.”
There are 3 Kinds of Grave Threats
As can be seen above, there are three (3) kinds of grave threats. They are as follows:
- Threatening another with the infliction upon his person, honor or property 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. In this case, the threat was made with a condition and the offender was able to attain his purpose. For example, A threatened B that unless the latter gives him P1,000,000, he will be killed. For fear of being murdered, B gave P1,000,000 to A.
- Making such threat without the offender attaining his purpose. Thus, although the threat is coupled with a condition, the offender was unable to attain his purpose. Using the same example above, this kind of threat is different since B did not give the money to A.
- 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. In such instance, the threat is without condition. For example, A shouted at B ”Ï will kill you!”.
The first kind of grave threats is punishable by a penalty next lower in degree than that prescribed by law for the crime he threatened to commit. As for the second kind of grave threats, the penalty lower by two degrees shall be imposed. Finally, the third kind of grave threats is punishable by imprisonment of arresto mayor (1 month and 1 day to 6 months) and a fine not exceeding One Hundred Thousand Pesos (₱100,000).
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