Have you ever been threatened by someone that have caused fear or mental disturbance? To some, it is just a form of pressuring someone to give in to the demands of the person imposing threats. Whether light or grave threats, both criminal offenses have penalties under Article 282 and 285.
A. Grave Threats under Article 282 - the act threatened to be done is a crime e.g. to kill, to burn or destroy property, to box or to inflict injuries
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 be unlawful. E.g. “I will stone your car if you will fail me”.
2 Unconditional- there is simply a declaration to do wrong or harm amounting to a crime. E.g.: “I am tired of looking at your face. I might as well kill you”
3. But if the threat was made in the heat of anger and the accused did not persist, it is Light Threats. 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.
B. Light Threats which may either be:
1. Where the act to be done does not amount to a crime, but it disturbs another. This may be subject to a condition or not. (Article 283) Examples:
(a). “I will fail you if you will not be introduce me to your sister”
(bi). “ I will report your absences to your father if you do not let me copy your answers”
(c). “I will tell your boyfriend about your dating other men”
2. Other Light Threats (Article 285)
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 he accused did not persist in the idea involved in the threat
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 it robbery?
1. In threats the harm/injury is still to be inflicted in the future (future harm) whereas in robbery the harm is to be inflicted right then and there, or that it is actual and immediate ( immediate harm)
2. In threats, the harm maybe committed upon the person or honor of the victim or that to his family, or to his property whereas in robbery the harm is to be inflicted does not include the honor of the victim
3. In threats the doing of the harm may be communicated through an intermediary where as in robbery the doing of the harm is always communicated directly and personally to the victim
4. In threat gain is not immediate whereas in robbery the gain is immediate.
IV. Threats as constituting blackmailing- when the doing of a wrong which does not constitute a crime ( Light threat) is subject to a demand for money or other valuable considerations. Examples:
1. “ I will report your cheating to the Dean unless you take charge of my back rentals”
2. “I will inform your best friend that you are dating her boy friend. However, If you let me have your bracelet, then I will not say anything”.
NOTE; there are two forms of blackmailing. The second is under the law on libel
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 require to put up in order not to be detained pending trial.
