Grave threats, Revised Penal Code

1. Concept and legal basis

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. (Act 3815, Revised Penal Code, as amended by R.A. 10951)

2. Elements of the offense

Elements of the offense:

1) That the offender threatened another person with the infliction upon his person of a wrong;

2) That such wrong amounted to a crime; and,

3) That the threat was not subject to a condition. (Reyes v. People, En Banc, G.R. Nos. L-21528 and L-21529)

References

Title 9 – Crimes Against Personal Liberty, Book 2, Revised Penal Code

/Updated: January 18, 2023

Disclaimer: All information is for educational and general information only. These should not be taken as professional legal advice or opinion. Please consult a competent lawyer to address your specific concerns. Any statements or opinions of the author are solely his own and do not reflect that of any organization he may be connected.

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