Slide 1

Section Three. Threats and CoercionArt. 286 Art. 289

Article 286.Grave coercions.- The penalty ofprision correccionaland a fine not exceeding six thousand pesos shall be imposed upon any person who, without any authority of law, shall, by means of violence, threats, or intimidation, prevent another from doing something not prohibited by law, or compel him to do something against his will, whether it be right or wrong.If the coercion be committed in violation of the exercise of the right of suffrage, or for the purpose of compelling another to perform any religious act or to prevent him from exercising such right or from so doing such act, the penalty next higher in degree shall be imposed. (As amended by RA No.7890, approved February 20, 1995)ELEMENTS:That a person be prevented by another from doing something not prohibited by law, or compelled to do something against his will, be it right or wrong;That the prevention or compulsion be effected by violence, either by material force or such a display of force as would produce intimidation and control the will of the offended party; and That the person who restrained the will and liberty of another had no right to do so, or in other words, that the restraint shall not be made under authority of law or in the exercise of any lawful right.

POINTS TO REMEMBERViolence is not exclusively physical force but also includes moral pressure or intimidation.It is sufficient if the attitude of the offender is notoriously menacing as to amount to a grave intimidation or create such a situation that necessarily would intimidate the victim (People vs Lacdan).The violence, however, must be immediate, actual or imminent (People vs Romero).

DISTINGUISHED FROM ROBBERYThe motives of the accused are the prime criterion.So coercion, not robbery, is committed by one, who, by use of intimidation secures what he belives to be his property.GRAVE COERCIONROBBERY The proper conviction if the purpose of the act, without authority of law, a person, believing himself to be the creditor, compels another to do something against his will and to seize the property. The proper conviction if the purpose of the act is with intent to gain to take the property of another by force or intimidation.

Distinguished from forcible abductionIf the act of carrying away the woman is not with lewd designs, it is coercion, otherwise it is forcible abduction.

So when the accused seized the complaining woman by the wrist and dragged her from the doorway of her house into the street some 40 to 50 feet away, with the assistance of a third person, and placed her in a public carromata, coercion is committed. (US vs Alexander, 8 Phil 29).Distinguished from illegal detentionIf there is no deprivation of liberty, there is no illegal detention.

So where the offended party employed as a servant had the freedom of the house and left it at times to visit her mother, but was only compelled against her will by the defendant to leave her house and go with them to the defendants house, coercion is committed (US vs Quevengco, 2 Phil 412).Distinguished from maltreatment of prisonersIf the person maltreated to secure a confession is not a prisoner but only a suspect, the crime committed is grave coercion. If the maltreatment is ordered by a superior officer, the crime is coercion by induction. (People vs Pabalan, 37 Phil. 352)Article 287.Light coercions.- Any person who, by means of violence, shall seize anything belonging to his debtor for the purpose of applying the same to the payment of the debt, shall suffer the penalty ofarresto mayorin its minimum period and a fine equivalent to the value of the thing, but in no case less than 75 pesos.Any other coercions or unjust vexations shall be punished byarresto menoror a fine ranging from 5 pesos to 200 pesos, or both.

LIGHT COERCIONSThe first paragraph deals with light coercions wherein violence is employed by the offender who is a creditor in seizing anything belonging to his debtor for the purpose of applying the same to the payment of the debt.

In the other light coercions or unjust vexation embraced in the second paragraph, violence is absent.People vs Tupular, 7 Phil. 8LIGHT COERCION under the first paragraph is committed when the defendant, as agent of the creditor forcibly took possession of the debtors goods despite his objection, in order to pay the debt of his principal therewith and which act the debtor did not resist because he knew that defendant had a revolver.People vs Reyes, 52 O.G. 2532LIGHT COERCION under the second paragraph is committed if the violence is not present, as when the accused through deceit and misrepresentation seized a passenger jeep belonging to the debtor without the knowledge or consent of the latter for the purpose of applying it to the payment of his debt.

UNJUST VEXATIONThis Article also speaks of unjust vexation, which is any act committed without violence but which unjustifiably annoys or vexes an innocent person.As a punishable act, unjust vexation should include any conduct which, although not productive of some physical or material harm would, however, unjustifiably annoy or vex an innocent person (People vs Cayason).It is distinguished from grave coercion under the first paragraph by the absence of violence (People vs Sebastian).

Cases that have been held to constitute Unjust VexationConstructing a fence in front of a chapel where a pabasa was being held (People vs Reyes).Kissing a former fiance in a fit of anger (People vs Cantong); orWhere a security guard was rude in carrying out the order of his employer regarding the inspection of packages of his employees leaving the compound by refusing to return the handbag of complainant after it had already been inspected, and shouting at her (People vs Culobong).

People vs EspinaThe main purpose of the statute penalizing coercion and unjust vexation is precisely to enforce the principle that no person may take the law into his hands and that our government is one of laws, not of men.Article 288.Other similar coercions; (Compulsory purchase of merchandise and payment of wages by means of tokens.)- The penalty ofarresto mayoror a fine ranging from 200 to 500 pesos, or both, shall be imposed upon any person, agent or officer, of any association or corporation who shall force or compel, directly or indirectly, or shall knowingly permit any laborer or employee employed by him or by such firm or corporation to be forced or compelled, to purchase merchandise or commodities of any kind.The same penalties shall be imposed upon any person who shall pay the wages due a laborer or employee employed by him, by means of tokens or objects other than the legal tender currency of the Philippine Islands, unless expressly requested by the laborer or employee.ACTS PUNISHED:Forcing or compelling by any person, agent, or officer or any association or corporation, directly or indirectly, any employee employed by him to purchase merchandise or commodities of any kind; and Paying of wages by means of tokens or objects other than legal currency unless expressly requested by the employee or laborer.**These acts are also punished in the Minimum Wage Law.Article 289.Formation, maintenance and prohibition of combination of capital or labor through violence or threats.- The penalty ofarresto mayorand a fine not exceeding 300 pesos shall be imposed upon any person who, for the purpose of organizing, maintaining or preventing coalitions or capital or labor, strike of laborers or lock-out of employees, shall employ violence or threats in such a degree as to compel or force the laborers or employers in the free and legal exercise of their industry or work, if the act shall not constitute a more serious offense in accordance with the provisions of this Code.ACTS PUNISHED organizing, maintaining or preventing coalitions of capital or labor, strike, or lockout through violence or threats

The act must not constitute a more serious offense punished by the Code. Making of communication and correspondence shall be inviolable except from lawful order of the court, or when public safety and other reprieve otherwise.This act is punished in Com. Act No. 213.