Light threat prescribes in 2 months
I was in a heated argument with my neighbor sometime last month and while we were quarreling, he pushed me and threatened to shoot me in front of my family but did not do anything. Still, I was in disbelief that he threatened to do such horrible act and
I want to file a case against him. I would like to ask what case can I file against my neighbor? How soon should I file the case to pursue my rights? Please advise.
Arnold Dear Arnold,
Pursuant to the Revised Penal Code, you may file a case for Other Light Threats.
Art. 285. Other light threats. — The penalty of arresto menor in its minimum period or a fine not exceeding 200 pesos 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 show that he did not persist in the idea involved in his threat.
(3) Any person who shall orally threaten to do another any harm not constituting a felony.
In this case, orally threatening another in the heat of anger with some harm constituting a crime is a light offense which prescribes in two months or 60 days pursuant to Article 90 of the RPC.
In the case of Justado v People, G.R. 219657 (1 February 2017), the Supreme Court ruled, “[a]fter a careful perusal of the records, the Court finds that Justado was correctly convicted of the crime of Other Light Threats. Under Article 285 (2) of the RPC, a person who, in the heat of anger, orally threatens another with some harm constituting a crime, without persisting in the idea involved in his threat, is guilty of Other Light Threats.”
Thus, since commission of the offense happened last month, you must file the case of Other Light Threats against your neighbor within the month, if not, the case shall prescribe as said offense has a prescriptive period of only two months. The law is clear and categorical that there is a prescribed prescriptive period for said crime and the expiration of which will mean the termination of your right or power to prosecute and punish the offender.