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G.R. No.

181626 May 30, 2011

SANTIAGO PAERA, Petitioner,


vs.
PEOPLE OF THE PHILIPPINES, Respondent.

DECISION

CARPIO, J.:

Article 282 of the RPC holds liable for Grave Threats "any person who shall threaten another with the infliction upon
the person x x x of the latter or his family of any wrong amounting to a crime[.]" This felony is consummated "as soon
as the threats come to the knowledge of the person threatened." 12

Applying these parameters, it is clear that petitioners threat to


kill Indalecio and Diosetea and crack open Vicentes skull are wrongs on the person
amounting to (at the very least) homicide and serious physical injuries as penalized
under the RPC. These threats were consummated as soon as Indalecio, Diosetea, and
Vicente heard petitioner utter his threatening remarks. Having spoken the threats at
different points in time to these three individuals, albeit in rapid succession,
petitioner incurred three separate criminal liabilities.

GRAVE THREATS WHERE OFFENDER ATTAINED HIS PURPOSE: (282)


Acts punishable:
1. By threatening another with the infliction upon his person, honor or property that of his family of any wrong
amounting to a crime and demanding money or imposing any other condition, even though not unlawful and the
offender (Note: threat is with condition)
Elements:
1. That the offender threatens another person with the infliction upon the latter’s person, honor or property, or
upon that of the latter’s family, of any wrong.
2. That such wrong amounts to a crime.
3. That there is a demand for money or that any other condition is imposed, even though not unlawful.
4. That the offender attains his purpose.
5. By making such threat without the offender attaining his purpose
6. By threatening another with the infliction upon his person, honor or property or that of his family of any wrong
amounting to a crime, the threat not being subject to a condition (Note: threat is without condition)
Elements:
1. That the offender threatens another person with the infliction upon the latter’s person, honor or property, or
upon that of the latter’s family, of any wrong.
2. That such wrong amounts to a crime.
3. That the threat is not subject to a condition
Notes:
1. Aggravating circumstances: if made in writing or thru a middleman
2. Frustrated – if not received by the person being threatened
3. Art 284 bond from good behavior may be imposed (only in these offenses)