Blog
Understanding Grave Threats Under Philippine Law: A Look at Article 282 of the Revised Penal Code
Under Article 282 of our Revised Penal Code, grave threats are treated as a serious offense as they involve a threat of harm to a person’s life, honor, or property. But what exactly does this provision entail, and how does it apply?
What Constitutes Grave Threats?
Our penal laws define the crime of grave threats as an instance where a person threatens to inflict harm upon another person’s or their family’s honor or property. The threat must involve any action that would amount to a crime if carried out.
For example, if someone threatens to break another person’s bones if the latter does not pay his debts, this can qualify as a grave threat.
However, the grave threat must be serious in such a way that it creates in the mind of the person threatened the belief that the person will carry into effect said threatening remarks or acts (Pedrito Garma Y Miguel Alias “Willy” Vs. People Of The Philippines, G.R. No. 248317, March 16, 2022). Thus, the key factor is that the threat must involve the potential commission of a crime, which means it is not merely an empty or casual threat but one that carries a sense of serious intent.
Common Elements of the Crime of Grave Threats:
- The offender threatens another person with the infliction upon the latter’s person, honor or property, or upon that of the latter’s family, of any wrong; and
- Such wrong amounts to a crime;
Three Types of Grave Threats:
1. Grave Threat with a Condition Imposed, Goal attained
This occurs when an offender threatens to commit a crime against another person or his family with an attached condition such as demanding money or imposing any other condition, even though not unlawful. If the victim accomplishes the condition, the offender is thus considered to have attained his purpose. The penalty for this is one degree lower than the penalty for the crime they threatened to commit.
Example: A told B that if B doesn’t wash the dishes, A will mutilate three fingers from each hand. Out of fear, B washed the dishes.
The threat of A involves a crime against the person of B, which is serious physical injuries. The penalty for this type of serious physical injuries is prision correccional in its minimum period (6 months and 1 day to 2 years and 4 months) to its medium period (2 years, 4 months, and 1 day to 4 years and 2 months). Since B washed the dishes and A attained his goal, A could be penalized with the penalty one degree lower or arresto mayor in its medium period (2 months and 1 day to 4 months) to its maximum period (4 months and 1 day to 6 months).
2. Grave Threat with a Condition Imposed, Goal not attained
This occurs when an offender threatens to commit a crime against another person or his family with a condition;however, the victim did not fulfill the condition, and the offender, therefore, did not attain his goal. The penalty for this is two degrees lower than the penalty for the crime they threatened to commit.
Example: C told D that if D does not publicly apologize to C within 24 hours, C will burn down D’s house while D is inside. D refuses to apologize, and C does not follow through with the threat.
The threat of C involves a crime of arson. Under our laws, this type of arson is punishable by reclusion temporal (12 years and 1 day to 20 years) or reclusion perpetua (20 years and 1 day to 40 years). Since C did not attain their goal of having D publicly apologize, the penalty is reduced two degrees lower which is prision correccional (6 months and 1 day to 6 years) to prision mayor (6 years and 1 day to 12 years).
In both instances above, if the threat is made in writing or through a third party (middleman), the offender faces the maximum penalty applicable to the crime, regardless of whether or not the demand was fulfilled. This is because written threats or those communicated through another person are considered more deliberate and premeditated.
3. Grave Threat without a Condition
If the threat is made without imposing any conditions or demands (i.e., a straightforward threat to harm), the law imposes a less severe penalty. In such instances, the penalty is arresto mayor, which corresponds to imprisonment from one month and one day to six months, along with a fine of up to Five Hundred Pesos (PhP500.00).
Example: E told F, “I will break your leg the next time I see you!”
The threat involves the crime of physical injuries, but was made without any conditions or demands, such as asking for money or requiring F to do something to avoid harm. Thus, the penalty for E would be arresto mayor (1 month and 1 day to 6 months) and a fine not exceeding PhP500.00.
In the realm of criminal law, the offense of grave threats plays a critical role in protecting individuals from harm, intimidation or even extortion. Our laws underscore the importance of protecting individuals from threats that may not yet involve actual violence but are still designed to instill fear, cause distress, or coerce someone into compliance. The law recognizes that threats can be just as damaging as actual harm.
Grave threats are not just criminal offenses; they can significantly affect the mental well-being and safety of individuals. If you or someone you know has been subjected to grave threats or you want to ensure your rights are fully protected, don’t wait. Consult our experienced legal team to explore your legal remedies and safeguard your rights. Contact us to schedule a consultation and take the first step towards addressing the issue with the seriousness it deserves.
Prepared by Sam Feril and Aira Montemayor.