GRAVE THREATS ART.

282
Punishable acts 1. Threatening another with the infliction upon his person, honor or property or that of
his family of any wrong amounting to a crime and demanding money or imposing any other condition
even though not unlawful, and the offender attained his purpose. 2. By making such threat without the
offender attaining his purpose. 3. By threatening another with the infliction upon his person, honor or
property or that of his family of any wrong amounting to a crime, the threat, not being subject to a
condition.

Essence of Grave Threats

Intimidation, to constitute grave threats, it must inspire terror or fear upon another. It is characterized
by moral pressure that produces alarm. Threat
Threat is a declaration of an intention or determination to injure another by the commission upon his
person, honor or property or upon that of his family of some wrong which may or may not amount to a
crime.

Qualifying circumstance of the offense

If the threat is made in writing or through a middleman, the penalty is to be imposed in its maximum
period

Grave Threats v. Light Threats

Grave Threats Light Threats
When the wrong threatened to be inflicted When the wrong threatened to be inflicted does
amounts to a crime. not amount to a crime.

Threat v. Coercion
Threat Coercion
Essence of threat is intimidation Essence of coercion is violence or intimidation
Wrong or harm done is future and conditional There is no condition involved; hence, there is no
futurity in the harm or wrong done

Threat v. Robbery
BASIS
As to intimidation
As to subject involved
As to intent to gain
As to danger of the threat
THREAT
Intimidation is future and
conditional.
Intimidation may be through
an intermediary.
May refer to the person, honor
or property.
Intent to gain is not an
essential element.
The danger to the victim is not
instantly imminent nor the gain
of the culprit immediate.
ROBBERY
Intimidation is actual and
immediate.
Intimidation is personal.
Refers to personal property.
There is intent to gain
The danger involved is directly
imminent to the victim and the
obtainment of gain immediate.
LIGHT THREATS ART.283
Elements
1. Offender makes a threat to commit a wrong
2. The wrong does not constitute a crime
3. There is a demand for money or that other condition is imposed, even though lawful
4. Offender has attained or has not attained his purpose NOTE: Light threat is in the nature of
blackmailing.
Possible crimes involving blackmailing
1. Light threats – If there is no threat to publish any libelous or slanderous matter against the
offended party.
2. Threatening to publish a libel – If there is such a threat to make a slanderous or libelous
publication against the offended party.

BONDS FOR GOOD BEHAVIOR ART. 284

NOTE: The person making the threats under the preceding articles (grave and light threats) may also be
required by the court to give bail conditioned upon the promise not to molest the person threatened or
not to pursue the threats he made.

If the person making the threat failed to post a bond, such person can be sentenced to the penalty of
destierro.

OTHER LIGHT THREATS ART. 285

Punishable acts
1. Threatening another with a weapon, or by drawing such weapon in a quarrel, unless it be in
lawful self-defense. Here, the weapon must not be discharged
2. Orally threatening another, in the heat of anger, with some harm constituting a crime, without
persisting in the idea involved in his threat
3. Orally threatening to do another any harm not constituting a felony

NOTE: In other light threats, there is no demand for money nor any condition imposed is required when
the offender threatens the offended party. His acts are limited to verbal threat during the incident
involving him and the offended party.

Nature of other light threats

It is not subject to a demand for money or any material consideration and the wrong threatened does
not amount to a crime.

GRAVE COERCIONS ART. 286

Punishable acts

1. Preventing another, by means of violence, threat or intimidation, from doing something not
prohibited by law
2. Compelling another, by means of violence, threat or intimidation, to do something against his
will, whether it be right or wrong

Elements
1. A person prevented another from doing something not prohibited by law, or that he compelled
him to do something against his will, be it right or wrong.
 2. Prevention or compulsion be effected by violence, threats or intimidation.
NOTE: The threat must be present, clear, imminent and actual. Such threat cannot be made in
writing or through a middle man.

3. Person that restrained the will and liberty of another has no authority of law or the right to do
so.

NOTE: Coercion is consummated even if the offended party did not accede to the purpose of the
coercion. The essence of coercion is an attack on individual liberty.

Purpose of the law in punishing grave coercion

The main purpose of the statute in penalizing Grace Coercion is precisely to enforce the principle that no
person may take the law into his own hands and that ours is a government of law and not of men
(People v. Mangosing, CA-G.R. No. 1107-R).

When grave coercion occurs

Grave coercion arises only if the act which the offender prevented another to do is not prohibited by law
or ordinance.

Kinds of grave coercion

1. Preventive – The offender uses violence to prevent the victim from doing what he wants to do.
Here, the act prevented is not prohibited by law.
2. Compulsive – The offender uses violence to compel the offended party to do what he does not
want to do. The act compelled may or may not be prohibited by law.

Qualifying circumstances of Grave Coercion

1. If the coercion is committed in violation of the exercise of the right of suffrage
2. If the coercion is committed to compel another to perform any religious act
3. If the coercion is committed to prevent another from performing any religious act

There is no grave coercion when a person prohibits another to do an act, which is illegal or a crime,
and violence and intimidation is employed

There is no grave coercion because the act from which a person is prevented from doing is a crime. It
may only give rise to threat or physical injuries, if some injuries are inflicted.

However, in case of grave coercion where the offended party is being compelled to do something
against his will, whether it be wrong or not, the crime of grave coercion is committed if violence or
intimidation is employed in order to compel him to do the act.

LIGHT COERCION ART. 287

Elements
1. Offender must be a creditor
2. He seizes anything belonging to his debtor
3. Seizure of the thing be accomplished by means of violence or a display of material force
producing intimidation
4. Purpose of the offender is to apply the same to the payment of the debt
 NOTE: In the other light coercion or unjust vexation embraced in the second paragraph, violence is
absent. Taking possession of the thing belonging to the debtor, through deceit and
misrepresentation for the purpose of applying the same to the payment of debt is unjust vexation
under the second paragraph of Art. 287.

Unjust Vexation
Unjust vexation is any act committed without violence but which unjustifiably annoys or vexes an
innocent person

NOTE: In determining whether the crime of unjust vexation is committed, the offender’s act must have
caused annoyance, irritation, vexation, torment, distress or disturbance to the mind of the person to
whom it is directed.

Resulting crimes when the property of a debtor is seized

1. Light coercion – If by means of violence, the property is applied to the debt.
2. Robbery – If the value of the property seized is greater than that of the debt (intent to gain is
present in this case) and violence and intimidation are employed.
3. Estafa – If there is no obligation on the part of the offended party but was only feigned. There is
estafa because deceit is employed.