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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 crimes of grave coercion and light coercion are provided under Articles 286 and Article 287 of the Revised Penal Code, to wit:
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.
There are two ways of committing grave coercions, to wit:
- By preventing another, by means of violence, threats or intimidation, from doing something not prohibited by law.
- By compelling another, by means of violence, threats or intimidation, to do something against his will, whether it be right or wrong.
Elements of grave coercions:
- That 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;
- That the prevention or compulsion be effected by violence, threats or intimidation; and
- That the person that restrained the will and liberty of another had not the authority of law or the 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.
Elements of light coercions:
- That the offender must be a creditor;
- That he seizes anything belonging to his debtor.
- That the seizure of the thing be accomplished by means of violence or a display of material force producing intimidation.
- That the purpose of the offender is to apply the same to the payment of the debt.
(SOURCE: The Revised Penal Code – Book Two by Luis B. Reyes)
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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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