Other light threats, A285 Revised Penal Code

1. Concept

Other light threats – under the Revised Penal Code, refers to the crime of threatening another in such a way as not to constitute grave threats or light threats or any other felony.

a. Legal basis

Art. 285. Other light threats. – The penalty of arresto menor in its minimum period or a fine not exceeding Forty thousand pesos (P40,000) 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 shows 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. (As amended by R.A. 10951)

(Revised Penal Code)

2. Modes of commission

The following are the modes of committing the offense:

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a. Mode 1: Lorem

Elements of the crime of other light threats:

1) That the offender either –

a) Without being included in the provisions of Grave Threats under Article 282 and Light Threats under Article 283 of the Revised Penal Code, threatens another with a weapon, or draw such weapon in a quarrel, unless it be in lawful self-defense;

b) In the heat of anger, orally threaten another with some harm not constituting a crime, the offender by subsequent acts shows that he/she did not persist in the idea involved in his/her threat: Provided, That the circumstances of the offense does not bring it within the provisions of Grave Threats under Article 282 of the Revised Penal Code.

c) Orally threaten to do another any harm not constituting a felony. (REVISED PENAL CODE, Article 285)

1) Element 1: Threats

For the 1^st element, the offender either –

1) Without being included in the provisions of Grave Threats under Article 282 and Light Threats under Article 283 of the Revised Penal Code, threatens another with a weapon, or draw such weapon in a quarrel, unless it be in lawful self-defense;

2) In the heat of anger, orally threaten another with some harm not constituting a crime, the offender by subsequent acts shows that he/she did not persist in the idea involved in his/her threat: Provided, That the circumstances of the offense does not bring it within the provisions of Grave Threats under Article 282 of the Revised Penal Code; or

3) Orally threaten to do another any harm not constituting a felony. (REVISED PENAL CODE, Article 285)

NB: For No. 1, self-defense is a matter of defense to be proven during trial.

3. Distinguish from other offenses

This offense is distinguished from other offenses or crimes below.

a. Other light threats vs Grave threats

Factors	Other light threats	Grave threats
Offended Party	Any person	Any person
Offender	Any person	Any person
Overt Acts	Offender threatens another but the wrong threatened does not amount to a crime and there is no condition.	Offender threatens another but the wrong threatened amounts to a crime which may or may not be accompanied by a condition.

Under the Revised Penal Code, there are three kinds of threats: grave threats (Article 282), light threats (Article 283) and other light threats (Article 285). (Caluag v. People, G.R. No. 171511, March 4, 2009, Per Quisumbing, J.)

In grave threats, the wrong threatened amounts to a crime which may or may not be accompanied by a condition… In other light threats, the wrong threatened does not amount to a crime and there is no condition. (Caluag v. People [2009], supra.)

Caluag v. People, G.R. No. 171511, March 4, 2009, Per Quisumbing, J.:

• The records show that at around 7:30 in the evening, Julia Denido left her house to go to the barangay hall to report the mauling of her husband which she witnessed earlier at around 4:00 o’clock in the afternoon. On her way there, petitioner confronted her and pointed a gun to her forehead, while at the same time saying “Saan ka pupunta, gusto mo ito?” Considering what transpired earlier between petitioner and Julia’s husband, petitioner’s act of pointing a gun at Julia’s forehead clearly enounces a threat to kill or to inflict serious physical injury on her person. Actions speak louder than words. Taken in the context of the surrounding circumstances, the uttered words do not go against the threat to kill or to inflict serious injury evinced by petitioner’s accompanying act.

• Given the surrounding circumstances, the offense committed falls under Article 282, par. 2 (grave threats) since: (1) killing or shooting someone amounts to a crime, and (2) the threat to kill was not subject to a condition.

• Article 285, par. 1 (other light threats) is inapplicable although it specifically states, “shall threaten another with a weapon or draw such weapon in a quarrel”, since it presupposes that the threat to commit a wrong will not constitute a crime. That the threat to commit a wrong will constitute or not constitute a crime is the distinguishing factor between grave threats on one hand, and light and other light threats on the other.

b. Other light threats vs Light threats

Factors	Other light threats	Light threats
Offended Party	Any person	Any person
Offender	Any person	Any person
Overt Acts	Offender threatens another but the wrong threatened does not amount to a crime and there is no condition.	Offender threatens another but the wrong threatened does not amount to a crime but is always 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. (Caluag v. People [2009], supra.)

References

• Title IX – Crimes Against Personal Liberty and Security, Act No. 3815, Revised Penal Code, as amended

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/Updated: November 23, 2023