Wednesday, November 21, 2018

Grave Threat on "putang ina mo, papatayin kita"

FACTS
After the trial, petitioner was convicted of the crime charged for uttering the words: "Putang-ina mo Peejay, mag-iingat ka sa akin, papatayin kita." 

RULING
With regard to the argument of petitioner that the uttered words do not constitute the crime of Grave Threats the same cannot be sustained. As correctly pointed out by the Court of Appeals, all the elements of the crime were established by the prosecution. 

  1. Petitioner threatened complainant with the infliction of a crime upon his person. 
  2. The threat was made without petitioner attaining his purpose. 
  3. Lastly, the threat was not subject to a condition. 
source:
ANTONIO MILITAR vs. PEOPLE OF THE PHILIPPINES.
G.R. No. 138281. July 12, 1999
First Division  




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