Dear PAO,
I have a neighbor who always looks down on me. His demeaning attitude started when I confronted him about his karaoke machine, which he would operate loudly until the wee hours of the morning. On one occasion as I was passing in front of his house, he made a hand gesture by pointing two fingers at me as if holding a gun and pulling the trigger. There was also a time when he drew his thumb across his neck in a threatening manner. I am really bothered by his actions. I feel that I am not safe anymore so I filed a complaint for grave threats before the barangay. My neighbor laughed at my complaint during the scheduled conciliation and claimed that grave threat can only be committed verbally and not with hand gestures. Is he correct?
Dothrak
Dear Dothrak,
Generally speaking, grave threat is a crime punishable under Article 282 of the Revised Penal Code (RPC) of the Philippines, as amended by Article 70 of Republic Act (RA) 10951. It may be committed by “[a ]ny 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:
In People of the Philippines vs. Azurin, G.R. No. 249322, September 14, 2021, which was penned by Associate Justice Alfredo Benjamin S. Caguioa, the Supreme Court enumerated the elements of Grave Threat as follows:
“xxx (1) the offender threatened another person with the infliction upon his person of a wrong; (2) such wrong amounted to a crime; and (3) the threat was not subject to a condition. xxx”
Article 282 of the RPC, as amended, does not limit Grave Threat to a verbal threat. In Israel vs. People of the Philippines, G.R. No. 265736, November 19, 2025, which was authored by the same ponente in the above-mentioned case, the Supreme Court clarified that the law does not distinguish between threats made by words and those made by gesture, viz.:
“Article 282 does not distinguish between threats performed through verbal and non-verbal gestures, and neither should the Court. Ubi lex non distinguit, nec nos distinguere debemus. Article 282 punishes "[a]ny person who shall threaten another with the infliction upon the person, honor or property of the latter or of his [ or her] family of any wrong amounting to a crime." xxx At its core, therefore, what Article 282 punishes is the communication of a threat made with the intention of intimidating its recipient. Evidently, there is nothing in Article 282 that distinguishes between verbal and non-verbal threats.”
Applying the above-quoted jurisprudence to your situation, Article 282 of the RPC, as amended, does not distinguish between verbal or non-verbal threats. A hand gesture using two fingers as if pointing a gun and pulling the trigger or drawing a line across a neck using his thumb may be interpreted as gestures to inflict bodily harm, or worse, to kill, which may also be considered as grave threat. However, it is important to emphasize that it must be proven that your neighbor intended his actions or hand gestures. His actions must be deliberate, and he must be persistent in carrying out his threat or that he intended to intimidate the victim. Thus, the claim of your neighbor that grave threat can only be verbally committed has no legal basis.
We hope that we were able to answer your queries. This advice was solely based on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Thank you for your continued trust and support.
