286-289 crim 2
DESCRIPTION
286-289 crim 2TRANSCRIPT
GRAVE COERCION
(Art. 286)LIGHT COERCION
(Art. 287)OTHER SIMILAR COERCIONS(Art. 288)FORMATION, MAINTENANCE & PROHIBITION OF COMBINATION OF CAPITAL OR LABOR THROUGH VIOLENCE OR THREATS
(Art. 289)
OFFENDER:Any person without authorityCreditorAny person, agent, officer of any association or corporationAny person
OFFENDED PARTY:Any personDebtorAny laborer or employee employed by the offenderLaborers or employers
ACTS PUNISHED:PREVENTIVE
Preventing another from doing something not prohibited by lawCOMPULSIVE
Compelling another to do something against his will, right or wrongSeizure of a thing belonging to a debtor as payment of debtUnjust vexationForcing or compelling or knowingly permitting the forcing or compelling to purchase merchandise or commoditiesPaying tokens or objects other than legal tender, unless expressly requested by laborEmploying violence or threats for the purpose of organizing, maintaning, or preventing coalitions of capital or labor, strike of laborers or lock out of employers
Qualifying circumstance:
Right of suffrage
Religious Intolerance
MEANSViolence, intimidation, threatViolence and IntimidationNo violence.
Unjustly annoying or vexing an innocent personforce, stealth, threat, or intimidation, Labor Code Art 116Violence and threat in such a degree that would compel or force the laborers or employers but should not constitute a more serious offense
PURPOSEPreventing and CompellingPayment of debtOrganizing or maintaining or preventing coalitions of capital or laborers or lockout of employer
PENALTYPC + Fine not exceeding 6kA. Mayor min + Fine equivalent to the thing, not less than 75A. Mayor or fine from 200-500 or bothA. Mayor + Fine not exceeding 300 pesos
THREATSCOERCION
Intimidation is essentialViolence, Intimidation is the essence of the crime
Intimidation is future and conditionalIntimidation or violence is imminent, actual, and immediate
Directed to the victime or his familyDirected to the victim only.
GRACE COERCIONUNJUST VEXATION
Use of violence upon the offended party to prevent or compelNo use of violence or intimidation
Act of preventing by force must be made at the time the offended party was doing or about to do the act to be preventedViolence or Intimidation exerted when the act was already done