Threatening to inflict harm on a person a crime

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Persida Acosta

Persida Acosta

Dear PAO,
During an argument with the second husband of my mother, I heard him utter the words: “Magpatayan na lang tayo!” and from the corner of my eye I could see him approaching me. My mother was in the middle of us and eventually sent him to the other direction. Can this be considered as grave threat?

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My mother suffered multiple physical injuries from him when I was a child, but my mother would not do anything about it. Do I need to go to the barangay (village) authorities or straight to the police station in our place?
J.L.

Dear J.L.,
The crime of grave threat is punishable under Article 282 of the Revised Penal Code (RPC). It is stated therein that any person who shall threaten another with the infliction upon the person, honor or property of the latter or his family is committing a wrong amounting to a crime. The threat is considered to be grave if the offender shall have made the threat demanding money or imposing any other condition, even though not unlawful, and that the offender shall have attained his purpose. The crime shall also be grave threat even if the threat of infliction of harm upon a person, his honor or property was not made subject to a condition.

The second husband of your mother may be liable for the crime of grave threat considering that he has uttered, “Magpatayan na lang tayo!” These are words that have threatened you with the infliction upon your person of harm amounting to a crime, which may be homicide or murder. The penalty for this crime is merely arresto mayor or imprisonment of one (1) month and one (1) day to six (6) months and fine not exceeding 500 pesos because the threat was not subject to a condition.

Considering that the maximum penalty for grave threat is six (6) months, you need to go to your barangay to file a complaint in order that the officials therein could exert efforts for possible amicable settlement (Section 408, Local Government Code). It is only after a failed settlement in the barangay and after the issuance of a Certificate to File Action that you can pursue your complaint at the higher office or the Office of the Prosecutor (Section 18, Rules on Summary Procedure).

We hope that we have answered your query. Our legal opinion may vary if other facts are stated or elaborated.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net

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1 Comment

  1. conie gonzales on

    Dear.PAO,

    Ako po ay may asawa na mahahatulan ng 2years and 6mounths crim.ang 2yrs po at sa kasong sec.12 at ang 6mounths ay sa sec.15 eto po at nun 2005 at ngyn pa lang po matatapos 2015 mhigit 10years po sang tinagal ng pag hiring nila at ika 4 na PAO attorney ang humawak sa kaso nila at ikalawang judge narin po at ang kanilang arresting police ay namatay na ngunit ito po ay nakapagsalita taon 2010 at yun lang din po ang araw na umatend ang kanilang arresting pag katapos po ulit nun ay hindi na po ulit sumipot eto hanggang sa namatay na nga po..ang sa amin lang po ay sampung taon po hindi naka pag hanap ang aking asawa ng trabaho at ngyon po ay makukulong pa ng 2taon at kalahati sya po ay ng drive nalang ng trycle para po sa amin at sa nalalapit na pagaaral ng kanyang isang anak..
    Anong apela po ang pwede namin hingin sa korte marami po ang nagsasabi na hilingin namin ng PROBATION ano po ang dapat gawin namin dahil ang tagal na po nilang nagbagong buhay ang kasama nya po naging presidente ng samahang TODA at ang asawa ko po ay naging kasapi din ng samahan..

    Nawa’y kami po ay inyong matulungan at mabigyan ng payo salamat po ng marami…