Article 282 of the Revised Penal Code: Grave threats
Status: Amended
Amended
This provision has been amended. The text below is the current version.
- Amended by: Republic Act No. 10951 (Wording as amended by this law.)
What does Article 282 say?
Any person who shall threaten another with the infliction upon the person, honor or property of the latter or of his family of any wrong amounting to a crime, shall suffer:
1. The penalty next lower in degree than that- prescribed by law for the crime he threatened to commit, if the offender shall have made the threat demanding money or imposing any other condition, even though not unlawful, and said offender shall have attained his purpose. If the offender shall not have attained his purpose, the penalty lower by two (2) degrees shall be imposed.
If the threat be made in writing or through a middleman, the penalty shall be imposed in its maximum period.
2. The penalty of arresto mayor and a fine not exceeding One hundred thousand pesos (P100,000) if the threat shall not have been made subject to a condition.
What does it mean in plain language?
Article 282 punishes threatening another person with a wrong that is a crime, such as killing, hurting or burning a house, against that person, his or her honor or property, or family. If the threat has no condition, the penalty is arresto mayor and a fine of up to ₱100,000. If the offender demanded money or set another condition, the penalty depends on the crime threatened and on whether he got what he wanted.
The key question is whether the wrong threatened is itself a crime. If it is, the threat is grave. If it is not, the threat may be light threats under Article 283 or other light threats under Article 285.
How does it work in real life?
Edgar: "Papatayin kita"
After a parking dispute, Edgar tells Ben "Papatayin kita!" and later sends the same words by text. He asks for nothing. Killing is a crime and there is no condition, so this fits Article 282(2): arresto mayor and a fine of up to ₱100,000.
Rico: "Pay me or I will burn your store"
Rico slips a handwritten note under his former business partner's door: "Pay me ₱50,000 or I will burn your store." Burning a store is a crime and there is a condition. Under Article 282(1), the penalty is one degree lower than the penalty for the crime threatened if Rico gets the money, or two degrees lower if he does not. Because the threat was written, the penalty is imposed in its maximum period. The exact range depends on the penalty for the threatened crime.
Jojo: a shout in a quarrel
In a heated quarrel, Jojo shouts "Babasagin ko ang ulo mo!" and then walks away and does nothing more. Hurting someone that way is a crime, so the Caluag test points to grave threats. Whether the facts are closer to Article 285(2), which covers threats made in the heat of anger with no follow-up, is decided by the prosecutor and the court.
What does this mean in practice?
- Keep the evidence. Messages, notes and witnesses help show the exact words and whether there was a condition.
- Barangay or police. Threat complaints can be brought to the barangay, the police or the prosecutor. See do I need to go to the barangay first? and the barangay guides.
- Bond not to molest. Under Article 284, the court may also require the offender to give bail not to molest the person threatened; if he does not, he is sentenced to destierro.
- Acting on a threat is different. A threat alone does not justify an attack in self-defense. See Article 11.
- For the full guide, see grave threats. Annoying acts that threaten no crime may be unjust vexation.
What are the two kinds of grave threats?
| Paragraph | Situation | Penalty |
|---|---|---|
| 282(1) | Threat with a demand for money or another condition, and the offender attained his purpose | One degree lower than the penalty for the crime threatened |
| 282(1) | Same, but the offender did not attain his purpose | Two degrees lower than the penalty for the crime threatened |
| 282(1) | Either case, if the threat was made in writing or through a middleman | The same penalty, imposed in its maximum period |
| 282(2) | Threat without any condition | Arresto mayor and a fine not exceeding ₱100,000 |
The second paragraph reads:
The penalty of arresto mayor and a fine not exceeding One hundred thousand pesos (P100,000) if the threat shall not have been made subject to a condition.
Arresto mayor runs from 1 month and 1 day to 6 months (Article 27). The condition in paragraph 1 does not have to be unlawful: the article says "even though not unlawful". A threat to kill unless someone withdraws a complaint is still a conditional threat.
How do courts tell grave threats from light threats?
In Caluag v. People (2009), the Supreme Court gave a short test for the three kinds of threats in the Code:
- Grave threats (Art. 282): the wrong threatened is a crime, with or without a condition.
- Light threats (Art. 283): the wrong threatened is not a crime, but there is always a condition.
- Other light threats (Art. 285): the wrong threatened is not a crime, and there is no condition.
In the Court's words: "In grave threats, the wrong threatened amounts to a crime which may or may not be accompanied by a condition." In Caluag, the accused pointed a gun at the complainant's forehead and asked "Saan ka pupunta, gusto mo ito?" The Court held this was grave threats, not other light threats, because Article 285(1) presupposes that the wrong threatened is not a crime.
What did Republic Act No. 10951 change?
Republic Act No. 10951 (2017) raised the fine in paragraph 2. The original 1930 text, still printed on the Supreme Court E-Library, set "a fine not exceeding 500 pesos". Today it is ₱100,000. The rules in paragraph 1 did not change.
Frequently asked questions
What is the penalty for grave threats without a condition?
Under Article 282(2), as amended by Republic Act No. 10951, arresto mayor (1 month and 1 day to 6 months) and a fine not exceeding ₱100,000.
What is the penalty if the person demanded money?
It depends on the crime threatened. If the offender got what he demanded, the penalty is one degree lower than the penalty for that crime. If he did not, it is two degrees lower. If the threat was made in writing or through a middleman, the penalty is imposed in its maximum period.
What is the difference between grave threats and light threats?
In grave threats, the wrong threatened is a crime, with or without a condition. In light threats under Article 283, the wrong threatened is not a crime but always comes with a condition. The Supreme Court stated this test in Caluag v. People (2009).
Can the court order the person who threatened me to keep away?
Article 284 says the person who made grave or light threats may also be required to give bail not to molest the person threatened. If he fails to give that bail, he is sentenced to destierro, which bans him from a place.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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