Grave Threats: What If Someone Threatens to Kill You?

The Code has three kinds of threats. In Caluag v. People (2009), the Supreme Court explained how to tell them apart:

The key question is whether the harm threatened would itself be a crime. "I will kill you", "I will burn your house" and "I will break your head" all threaten crimes. A threat of some harm that is not a crime falls under the two lighter kinds.

Article 282, as amended by Republic Act No. 10951 (2017), reads:

It then gives two cases:

1. With a condition. If the offender demanded money or imposed any other condition, even a lawful one, and got what he wanted, the penalty is one degree lower than the penalty for the crime threatened. If he did not get it, the penalty is two degrees lower. If the threat was made in writing or through a middleman, the penalty is imposed in its maximum period.
2. Without a condition. Arresto mayor and a fine of up to ₱100,000.

Because the first case depends on the penalty of the threatened crime, there is no single prison range for it. A lawyer has to compute it from the specific crime.

Light threats (Article 283) cover a threat to commit a wrong that is not a crime, made with a condition in the way described in Article 282(1). The penalty is arresto mayor.

Other light threats (Article 285, as amended by Republic Act No. 10951) are punished by arresto menor in its minimum period or a fine of up to ₱40,000. They cover three acts:

The other two acts in Article 285 are threatening someone with a weapon, or drawing a weapon in a quarrel, unless in lawful self-defense; and threatening some harm that is not a crime in the heat of anger, then showing by later acts that one did not mean to carry it out. Caluag explains that all of Article 285 assumes the harm threatened is not a crime.

Under Article 284, in cases of grave or light threats, the offender may also be required to give bail not to molest the person threatened. If the offender fails to give it, he is sentenced to a penalty called destierro.

After a fistfight in a neighborhood in Las Piñas, the wife of the man who was mauled went to the barangay hall to report it. On the way, one of the attackers blocked her path, pointed a gun at her forehead and asked, "Saan ka pupunta, gusto mo ito?" He argued that this was only other light threats under Article 285, since that article mentions threatening someone with a weapon.

The Supreme Court disagreed. It said pointing a gun at her forehead clearly showed a threat to kill or seriously injure her, which is a crime, and there was no condition. That made it grave threats under Article 282(2). The Court stressed that whether the wrong threatened is a crime is the distinguishing factor between grave threats and the two lighter kinds. The conviction (two months of imprisonment and a ₱200 fine, under the old amounts) was affirmed.

These are made-up examples to show how the rules work. They are not advice for any real case.

Edgar and Ben argue over a parking space. Edgar says "Papatayin kita!" and later sends the same words by text, with no demand. Killing is a crime and there is no condition, so this points to grave threats under Article 282(2).

Rico writes to his former business partner: "Pay me ₱50,000 or I will burn your store." Burning a store is a crime, and there is a condition. Article 282(1) applies: the penalty is computed from the penalty for the threatened crime, one or two degrees lower, and in its maximum period because the threat was in writing.

Jojo, in the heat of a quarrel, shouts that he will smash his neighbor's head, then walks away and does nothing more. Article 285(2) covers threats in anger that the person does not pursue, but only when the harm threatened is not a crime. Smashing someone's head would be a crime, so under Caluag the facts may point to Article 282 instead. The prosecutor and, in the end, the court decide.

The articles do not require the threat to be made face to face. A written threat with a condition gets the maximum period under Article 282(1). Whether other laws raise the penalty for threats sent online is not covered on this page.

For other light threats (arresto menor or a fine up to ₱40,000), the Code says light offenses prescribe in two months (Article 90). Light threats, punished by arresto mayor, prescribe in five years under the same article. For grave threats, the period depends on the penalty and is best checked with a lawyer.

If you are in danger, your safety comes first: get to a safe place and call for help. Keep messages, screenshots and voice notes, and write down the names of witnesses. Many disputes between neighbors in the same city or town pass through the barangay first, but whether that step applies depends on the offense: see Do I need to go to the barangay first? If the person is a woman's current or former partner, see How to file a VAWC case. Repeated annoying acts that are not threats may be unjust vexation.

Talk to a lawyer if the threat came with a demand, if a weapon was involved, if you were charged, or if you are unsure which kind of threat applies. Computing the penalty for a conditional threat needs a lawyer. If you cannot afford a lawyer, see Free legal help in the Philippines for the Public Attorney's Office (PAO) and other options.