In Philippine criminal law, Threats are crimes against security found under Title Nine, Chapter One of the Revised Penal Code (RPC). The law penalizes the act of threatening another with a wrong that may or may not constitute a crime, depending on the gravity and the conditions attached to the threat.
I. Grave Threats (Article 282)
Grave threats occur when a person threatens another with the infliction upon the latter’s person, honor, or property (or that of their family) of any wrong amounting to a crime.
Elements of Grave Threats
To be convicted under Article 282, the following must be present:
- The offender threatens another person with the infliction of a wrong.
- The wrong threatened amounts to a crime (e.g., homicide, arson, physical injuries).
- The threat is made directly or through an intermediary.
Two Categories of Grave Threats
The law distinguishes between threats based on whether a condition is attached:
- With a Condition: The offender demands money or imposes any other condition, even if not unlawful, and the offender attains their purpose.
- Penalty: The same penalty as that prescribed by law for the crime threatened, but in the minimum period.
- If the purpose is not attained: The penalty is lower by two degrees.
- Without a Condition: The offender makes a threat without demanding anything in return.
- Penalty: Arresto mayor (1 month and 1 day to 6 months) and a fine not exceeding 100,000 pesos.
II. Light Threats (Article 283 & 285)
Light threats generally involve acts that do not amount to a crime, or specific instances where the threat is made in the heat of anger.
1. Threats Subject to a Condition (Article 283)
This involves a threat to commit a wrong that does not constitute a crime, but is subject to a condition.
- Example: Threatening to reveal a secret (not amounting to libel/slander) unless a sum of money is paid.
- Penalty: Arresto mayor in its minimum period (1 to 2 months) and a fine.
2. Other Light Threats (Article 285)
This covers "minor" threats often occurring in casual or heated interactions. It applies in three specific cases:
- Threatening with a Weapon: Threatening another with a weapon or drawing a weapon in a quarrel, unless it is in self-defense.
- Heat of Anger: Threatening another with a wrong amounting to a crime in the heat of anger, provided the offender does not persist in the idea.
- Future Harm: Threatening another with a harm that does not constitute a crime (without a condition).
III. Summary of Penalties and Distinctions
The severity of the penalty is dictated by the intent of the offender and the nature of the act threatened.
| Type of Threat | Nature of the Wrong | Condition Present? | Typical Penalty (RPC) |
|---|---|---|---|
| Grave Threat | Amounts to a Crime | Yes (Attained) | Same as crime threatened (Min. Period) |
| Grave Threat | Amounts to a Crime | Yes (Not Attained) | Two degrees lower than crime threatened |
| Grave Threat | Amounts to a Crime | No | Arresto Mayor + Fine |
| Light Threat | Not a Crime | Yes | Arresto Mayor (Min. Period) |
| Light Threat | Amounts to a Crime | No (Heat of Anger) | Arresto Menor (1 to 30 days) |
IV. Critical Legal Nuances
1. "Heat of Anger" vs. Grave Threats
One of the most common defenses in threat cases is that the words were spoken in the "heat of anger." If the prosecution cannot prove that the offender intended to carry out the threat or persisted in the demand, the charge may be downgraded from Grave Threat (Art. 282) to Other Light Threats (Art. 285, par. 2).
2. Threats vs. Extortion
If a threat is made to demand money, it falls under Article 282 (Grave Threats). However, if the intimidation is used to actually take property immediately, the crime may transition into Robbery/Extortion. The distinction lies in whether the "wrong" is promised for the future or if the deprivation of property is happening via immediate force or fear.
3. The "Family" Provision
Under the RPC, the threat is actionable if it is directed against the victim, their spouse, ascendants (parents/grandparents), descendants (children/grandchildren), or relatives by affinity within the same degrees.
4. Prescription Periods
Because these crimes vary from "Light" to "Less Grave," the time within which a case must be filed (prescription) varies:
- Light Threats: Prescribes in 2 months.
- Grave Threats: Usually prescribes in 5 to 10 years, depending on the penalty of the crime threatened.