Revised Penal Code
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Table of Contents
1. Concept and legal basis
| Art. 285. Other light threats. – The penalty of arresto menor in its minimum period or a fine not exceeding Forty thousand pesos (₱40,000) 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. (Act 3815, Revised Penal Code, as amended by R.A. 10951) |
2. Elements of the offense
a. 1st Mode
Elements of the offense:
1) The offender is not included in the provisions of the next preceding article;
2) He threatens another with a weapon or draw such weapon in a quarrel, unless it be in lawful self-defense. (Article 285, Act No. 3815, Revised Penal Code)
b. 2nd Mode
Elements of the offense:
1) The offender orally threatens another with some harm not constituting a crime; and,
2) By subsequent acts, he 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; and,
3) He commits such acts in the heat of anger. (Ibid.)
c. 3rd Mode
Elements of the offense:
1) The offender orally threatens to do another any harm not constituting a felony. (Ibid.)
References
⦁ Title 9 – Crimes Against Personal Liberty, Book 2, Revised Penal Code
/Updated: January 18, 2023
