Dear PAO,

I recently had a misunderstanding with my neighbor and intentionally avoided him to prevent further confrontations. Unfortunately, we accidentally bumped into each other while walking in our barangay. He was very angry and shouted at me when he saw me. Before parting ways, he uttered, “Talagang nagpakita ka pa sa akin, papatayin kita!” Now, I’m afraid for my safety. Can I file a case against him?

Angelo

Dear Angelo,

To answer your question, we shall refer to Article 282 of the Revised Penal Code of the Philippines, which provides that:

“Article 282. Grave threats. – 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 be 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 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 500 pesos, if the threat shall not have been made subject to a condition.”

In other words, threatening another with the infliction upon his person, honor, or property, or that of his family, of any wrong amounting to a crime is unlawful and punishable under the law.

Based on your letter, your neighbor may be held liable for the crime of grave threat. You were threatened by your neighbor with the infliction upon your person of a wrong amounting to a crime, and the threat is not subject to a condition. Thus, all the elements as mentioned in the article were present in this case, namely: (1) that the offender threatened another person with the infliction upon his person of a wrong; (2) that such wrong amounted to a crime; and (3) that the threat was not subject to a condition.

However, the penalty for grave threat not subject to a condition is only aresto mayor or one month and one day to six months. Consequently, you need to go first to your barangay to undergo mandatory conciliation proceedings and reach a possible amicable settlement pursuant to the Revised Katarungang Pambarangay Law. It is only after a failed settlement in the barangay level and after the issuance of a Certificate to File Action that you can pursue your complaint before the Prosecutor’s office.

This opinion is solely based on the facts you have narrated and our appreciation of the same. Thus, the opinion may vary when the facts are changed or further elaborated. We hope that we were able to enlighten you on the matter.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]