What is the crime of grave threats?

It is the prosecution's thesis that the vice president committed the felony of grave threats under the Revised Penal Code. Grave threats refers to the crime of threatening another with the infliction upon the person, honor, or property of the latter or of his family of any wrong amounting to a crime.

Under the Philippine legal system, threats are criminalized, or penalized under the Revised Penal Code, the principal criminal statute in this country which serves as the primordial list of felonies consisting of acts and omissions punishable by law. Among these felonies is grave threats, which is a specific offense outlined in Article 282 of the same code. This crime addresses situations where an individual threatens another with harm that constitutes a crime, potentially involving conditions such as revenge for possible death by assassination. Grave Threats is classified under Title Nine of Book Two of the Revised Penal Code, which deals with crimes against personal liberty and security.

Article 282 provides that any person who shall threaten another with the infliction upon the person of another, or the honor, or property of the latter or any of his family member of any wrong amounting to a crime shall suffer the penalty next lower in degree of the penalty for the crime threatened to be committed. And so, if you threaten to kill me, or commit murder against me, the penalty lower than reclusion perpetua is reclusion temporal. Reclusion perpetua is 20 years and one day to 40 years. Reclusion temporal is 12 years and one day to 20 years. Thus, grave threats are serious. It is a betrayal of public trust.

The Supreme Court en banc (meaning all the 15 justices of the Supreme Court) affirmed the conviction of the accused in the case of Marvin L. San Juan v. People of the Philippines, GR No. 236628, on January 17, 2023. That decision cited another decision, entitled Jumaquio v. Judge Villarosa: where the accused uttered the following words: "Putang ina mong bata ka namumuro ka na sa akin, at susunugin ko yung pamilya mo!" The Supreme Court affirmed the conviction of Marvin San Juan.

The statements uttered by the vice president were too serious and she has both the motive and the capability to carry out the threats she was making.

There are two kinds of grave threats: one with condition (which was the nature of the vice president's threats) and grave threats without condition. The elements of the first kind of grave threats (with conditions) are: first, there was a threat of infliction which was actually expressed or conveyed. Second, the threatened wrongful act must be a crime against person, or against honor or against property. Third, the wrongful act threatened must amount to a crime. Fourth, there is a condition that should happen first, before the threatened wrongful act would be inflicted. Fifth, even if the threatened wrongful act did not actually happen, the crime of grave threats has already been committed.

It is my considered opinion that the prosecution is on the right track. The defense is faltering while the evidence entered into the records is competent, admissible, relevant, and valid. The guilt has been established. There is no need for proof beyond reasonable doubt. The evidence is more than substantial and more than preponderance. I feel that if the senator-judges cease to be politicians, and should decide where the evidence leads them, there is no other way to go but to convict. No more and no less.