REVISED PENAL CODE- THREATS

I. These are considered as crimes against security because they

disturb the peace of mind of a person. OTHER LIGHT THREATS (ART. 285)

II. Threats: Declarations of an intention to inflict a future wrong a). Threatening another with a weapon, or drawing such weapon in a quarrel
b). Orally threatening another with a wrong which may amount to a crime but
upon the person, honor or property of another or the latter’s
he accused did not persist in the idea involved in the threat
family. The acts or words must be so efficacious as to amount to
moral pressure and thus produces fear, or mental disturbance.
III. If there is an intimidation and threat to inflict an injury is
coupled with a demand for money, when is it threats and when is
GRAVE THREATS (ART. 282)
it robbery?
 The act threatened to be done is a crime e.g. to kill, to burn or
1. In threats the harm/injury is still to be inflicted in the future (future harm)
destroy property, to box or to inflict injuries
whereas in robbery the harm is to be inflicted right then and there, or that it is
actual and immediate (immediate harm)
1. Conditional- the accused makes a demand so that he will not do what he
threatened, such as a demand for money or another condition which may not
2. In threats, the harm maybe committed upon the person or honor of the
be unlawful.
victim or that to his family, or to his property whereas in robbery the harm is
E.g. “I will stone your car if you will fail me”.
to be inflicted does not include the honor of the victim
2. Unconditional- there is simply a declaration to do wrong or harm
3. In threats the doing of the harm may be communicated through an
amounting to a crime.
intermediary whereas in robbery the doing of the harm is always
E.g.: “I am tired of looking at your face. I might as well kill you”
communicated directly and personally to the victim
3. But if the threat was made in the heat of anger and the accused did not
4. In threat gain is not immediate whereas in robbery the gain is
persist, it is Light Threats.
immediate.
E.g: In a heated quarrel the accused uttered: “ Uubusin ko kayong
magpapamilya” but did not do anything more. If he however gets a weapon
and moves towards his opponent, the crime is grave threats.
IV. Threats as constituting blackmailing- when the doing of a
wrong which does not constitute a crime
LIGHT THREATS (ART. 283)
Light threat is subject to a demand for money or other valuable
1. Where the act to be done does not amount to a crime, but it disturbs considerations.
another. This may be subject to a condition or not.
Examples:
Examples: (a). “ I will report your cheating to the Dean unless you take charge of my
(a). “I will fail you if you will not be introduce me to your sister” back rentals”
(b). “ I will report your absences to your father if you do not let me copy your (b). “I will inform your best friend that you are dating her boyfriend. However,
answers” if you let me have your bracelet, then I will not say anything”.
(c). “I will tell your boyfriend about your dating other men”
NOTE; there are two forms of blackmailing. The second is under the law on
libel
 REVISED PENAL CODE- THREATS

V. Threats maybe made in any form: orally or in writing or by

deeds and actions; personally, or through an intermediary, or via
modern facilities of communications, such as by texting or E-
mail. The crime is consummated once the threat is made known
to the person threatened

VI. Threats are absorbed when they are made in connection with
another crime or are used as the means to commit another
crime. Thus, the threat to kill is absorbed in armed robbery, as
the threat to injure is absorbed in rape.

VII. Bond for Good Behavior: this is the amount of money to be

deposited by the accused charged with threats to ensure that he
shall not molest the person threatened. If he refuses to put up
the Bond for Good behavior, he shall be sentenced to destierro.
This is separate and different from the bond which the accused
is required to put up in order not to be detained pending trial.