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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
The elements of the crimes of grave coercion, light coercion, and other similar coercions and their corresponding penalties are provided in Articles 286, 287, and 288 of the Revised Penal Code.
The elements of the crimes of grave coercion, light coercion, and other similar coercions and their corresponding penalties are provided in Articles 286, 287, and 288 of the Revised Penal Code, as follows:
Article 286. Grave coercions.-The penalty of arresto mayor and a fine not exceeding 500 pesos shall be imposed upon any person who, without authority of law, shall, by means of violence, 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 for the purpose of compelling another to perform any religious act or to prevent him from so doing, the penalty next higher in degree shall be imposed.
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 of arresto mayor in 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 by arresto menor or a fine ranging from 5 to 200 pesos, or both.
Article 288. Other similar coercions-(Compulsory purchase of merchandise and payment of wages by means of tokens).-The penalty of arresto mayor or 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 nance and prohibition requested by the laborer or employee.
Unjust vexation
Unjust vexation is classified as a light offense, it being punished under the second paragraph of Article 287 of the Revised Penal Code with arresto menor or a fine ranging from P5 to P200 or both. Under article 90 of the same Code, light offenses prescribed in two months; and article 91 provides that “the period of prescription shall commence to run from the day on which the crime is discovered by the offended party, the authorities or their agents, and shall be interrupted by the filing of the complaint or information, and shall commence to run again when such proceedings terminate without the accused being convicted or acquitted, or are unjustifiably stopped for any reason not imputable to him. (THE PEOPLE OF THE PHILIPPINES vs.VICTOR TAYCO, G.R. Nos. 48707-48709 December 5, 1941)
There is no need to allege malice, restraint or compulsion in an information for unjust vexation. As it were, unjust vexation exists even without the element of restraint or compulsion for the reason that this term is broad enough to include any human conduct which, although not productive of some physical or material harm, would unjustly annoy or irritate an innocent person. The paramount question is whether the offender’s act causes annoyance, irritation, torment, distress or disturbance to the mind of the person to whom it is directed. (RENATO BALEROS, JR. vs. PEOPLE OF THE PHILIPPINES, G.R. No. 138033, February 22, 2006)
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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding legal services, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/ 09175772207/ 09778050020.
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