NIcolas and De Vega Law Offices Article Image - Grave Threats

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:

  1. 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.
  2. 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.
  3. 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).

 

About Nicolas and De Vega Law Offices

If you are a victim of a crime or need assistance in filing a criminal case,  we can help you. Nicolas and de Vega Law Offices is a full-service law firm in the Philippines.  You may visit us at the 16th Flr., Suite 1607 AIC Burgundy Empire Tower, ADB Ave., Ortigas Center, 1605 Pasig City, Metro Manila, Philippines.  You may also call us at +632 84706126, +632 84706130, +632 84016392 or e-mail us at info@ndvlaw.com. Visit our website www.ndvlaw.com.

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