Article 285 of the Revised Penal Code: Other light 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 285 say?
The penalty of arresto menor in its minimum period or a fine not exceeding Forty thousand pesos (P40,000) shall be imposed upon:
1. Any person who. without being included in the provisions of the next preceding article, shall threaten another with a weapon, or draw such weapon in a quarrel, unless it be in lawful self-defense.
2. Any person who, in the heat of anger, shall orally threaten another with some harm not constituting a crime, and who by subsequent acts shows that he did not persist, in the idea involved in his threat: Provided, That the circumstances of the offense shall not bring it within the provisions of Article 282 of this Code.
3. Any person who shall orally threaten to do another any harm not constituting a felony.
What does it mean in plain language?
Article 285 punishes three minor kinds of threats: threatening someone with a weapon or drawing a weapon in a quarrel (unless in lawful self-defense); orally threatening, in the heat of anger, a harm that is not a crime, then dropping the idea; and orally threatening any harm that is not a felony. The penalty is arresto menor in its minimum period (1 to 10 days) or a fine of up to ₱40,000.
These are the lightest threats in the Code. If the wrong threatened is itself a crime, such as killing or hurting someone, the case usually belongs under grave threats in Article 282.
How does it work in real life?
Dodong: a bolo drawn in a quarrel
Dodong and his neighbor argue over a fence. Dodong draws his bolo and waves it, then puts it back. Nobody is hurt and he says nothing about killing. Drawing a weapon in a quarrel, not in self-defense, can be other light threats under Article 285(1).
Liza: "I will report you to your boss!"
In anger, Liza shouts at her neighbor "Isusumbong kita sa amo mo, mawawalan ka ng trabaho!" The next day she apologizes and does nothing more. Reporting someone to an employer is not a crime, and her later acts show she dropped the idea. This can fall under Article 285(2).
Ruben: a threat to kill while holding a gun
Ruben points a gun at a tricycle driver and says he will shoot. Shooting someone is a crime, so under Caluag this is not other light threats. It may be grave threats, and firing the gun would raise other crimes under Article 254.
What does this mean in practice?
- Short deadline. The Code says light offenses prescribe in two months (Article 90).
- Barangay first, in some cases. Disputes between neighbors may need barangay conciliation before a case goes to court. Ask the barangay or the prosecutor. See do I need to go to the barangay first?.
- Self-defense exception. Drawing a weapon is not punished under paragraph 1 when it is "in lawful self-defense". See Article 11.
- For the full guide on threats, see grave threats. Harassment without a threat may be unjust vexation.
What acts are "other light threats"?
The penalty of arresto menor in its minimum period or a fine not exceeding Forty thousand pesos (P40,000) shall be imposed upon:
| Paragraph | Act | Limit |
|---|---|---|
| 285(1) | Threatening another with a weapon, or drawing a weapon in a quarrel | Not if it is in lawful self-defense |
| 285(2) | In the heat of anger, orally threatening another with some harm not constituting a crime, then showing by later acts that he did not persist | Not if the circumstances bring it under Article 282 |
| 285(3) | Orally threatening to do another any harm not constituting a felony | The harm threatened is not a felony |
The third paragraph is the broadest:
Any person who shall orally threaten to do another any harm not constituting a felony.
How is it different from grave threats?
In Caluag v. People (2009), the Supreme Court summed up the three kinds of threats. "In other light threats, the wrong threatened does not amount to a crime and there is no condition." In light threats under Article 283, the wrong is also not a crime, but there is always a condition. In grave threats, the wrong threatened is a crime.
Caluag also dealt with paragraph 1. The accused poked a gun at the complainant's forehead and asked "Saan ka pupunta, gusto mo ito?" He argued it was only other light threats. The Court said no: Article 285(1) presupposes that the threat to commit a wrong will not constitute a crime. Pointing a gun with words that suggested shooting was grave threats under Article 282.
What did Republic Act No. 10951 change?
Republic Act No. 10951 (2017) raised the fine. The original 1930 text, still printed on the Supreme Court E-Library, set "a fine not exceeding 200 pesos". Today it is up to ₱40,000. The three acts and the arresto menor penalty did not change.
Frequently asked questions
What is the penalty for other light threats?
Arresto menor in its minimum period (1 to 10 days) or a fine not exceeding ₱40,000. Republic Act No. 10951 raised the fine from the original 200 pesos.
Is drawing a knife during a fight a crime?
It can be. Article 285(1) punishes threatening another with a weapon, or drawing a weapon in a quarrel, unless it is in lawful self-defense. If the threat is to commit a crime, the Supreme Court has said Article 282 on grave threats applies instead.
What if the person was only angry and did nothing after?
Article 285(2) covers a person who, in the heat of anger, orally threatens another with some harm not constituting a crime, and whose later acts show he did not persist in the idea. It does not apply if the circumstances bring the case under Article 282.
How long do I have to file a case for other light threats?
The penalty is arresto menor or a fine of up to ₱40,000, which Article 9 calls a light felony. Article 90 says light offenses prescribe in two months.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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