Article 285. Other light threats.

Person liable: Any person (without being included in the provisions of the next preceding
article.)

Penalty: Arresto menor in its minimum period or fine not exceeding 200 pesos.

Acts punished: 1. By threatening another with a weapon, or drawing such weapon in a quarrel,
unless it be in lawful self-defense.

2. By orally threatening another, in the heat of anger, with some harm

constituting a crime, without persisting in the idea involved in his threat.

3. By orally threatening to do another any harm not constituting a felony.

Note: For a person be liable under this article, there is no demand for money or that there is no
condition imposed when the offender threatens another with weapon.

Article 285 v. Article 282 & Article 283

-Threats under par. 2 of Art. 285 is similar to the third form of grave threats (Art. 282), because
the harm threatened to be committed is a crime.

-Threats under par. 3 of Art. 285 is similar to light threats (Art. 283), because the harm to be
committed is not a crime.

Note: Threats which ordinarily are grave threats, if made in the heat of anger, may be other light
threats. (People v. Tongco).

Note: The offender is liable for light threats even if the threats are directed to a person who is
absent and uttered in a temporary fit of anger. (People v. Fontanilla)

Article 286. Grave coercions.

Person liable: Any person who, without authority of law.

Penalty: Prision correccional and a fine not exceeding P6,000.

Penalty next higher in degree shall be imposed if the coercion be committed in the
violation of the right of suffrage, or to compel another to perform any religious act or to prevent
him from exercising such right.

Acts Punished: 1. By preventing another, by means of violence, threats or intimidation, from

doing something not prohibited by law.

2. By compelling another, by means of violence, threats or intimidation, to do

something against his will, whether it be right or wrong.
Elements:

1. That a person prevented another from doing something not prohibited by law, or that he
compelled him to do something against his will, be right or wrong.
2. That the prevention or compulsion be effected by violence, threats or intimidation.
3. 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 the
authority of law or in the exercise of any lawful right.

Note: The thing prevented from execution must not be prohibited by law, otherwise there will be
no coercion.

Note: In grave coercion, the act of preventing by force must be made at the time the offended
party was doing or about to do the act to be prevented. If the act was already done when violence
is exerted, the crime is just vexation.

Act of preventing is a another crime:

1. Public officer is guilty under Art. 132, interruption of religious worship.

2. Any person who by force, prevents the meeting of the legistative body (Art. 143)
3. Any person guilty under Art. 145.

Note: When the complainant is in the actual possession of a thing, even if he has no right to that
possession, compelling him by means of violence to give up the possession, even by the owner
himself, is grave coercion. (US v. Mena)

Reason: No man is authorized to take the law into his hands and enforce his rights with threats or
violence except when one acts in the necessary defense of ones life, liberty, and property.

Act of Compelling is another crime:

1. Under Art. 127, a public officer, not being authorized by law, compels a person to change
his residence.
2. Under Art. 267, in kidnapping for ransom, the debtor is compel to pay his debt.

Means used under R.A. No. 7659: violence, threats, intimidation. (must be immediate, actual or
imminent).

Note: Not intimidation by display of force, if arms are not used. (People v. Madamba)

Note: Coercion is consummated even if the offended party did not accede to the purpose of
coercion.

Note: Prision mayor is imposed when in violation of the exercise of the rights of suffrage,
compel another to perform any religious act, and to prevent from performing any religious act.
Article 287. Light coercions.

Person liable: Must be a creditor

Penalty: a. Arresto mayor in its minimum period and a fine equivalent to the value of the thing,
but in no case less than 75 pesos.

b. Arresto menor or a fine ranging from 5-200 pesos, or both.

Acts Punished: Seizes anything belonging to his debtor by means of violence or display of
material force producing intimidation.

Elements:

1. That the offender must be a creditor.

2. That he seizes anything belonging to his debtor.
3. That the seizure of the thing be accomplished by means of violence or a display of
material force producing intimidation.
4. That the purpose of the offender is to apply the same to the payment of the debt.

Note: Par. 1 is limited to a case where the offender seized anything belonging to his debtor by
means of violence to apply the same to the payment of the debt. Thus, to seized property to hold
as a mere security for the payment of the debt, this Art. 287 is not applicable.

Note: Taking possession of the thing/s through deceit or misrepresentation for the purpose of
applying the same to the payment of debt is unjust vexation.

Note: Actual physical violence need not be employed, a notoriously menacing attitude is
sufficient.

Note: When the act of the accused has no connection with his previous acts of violence, it is only
unjust vexation.

Art. 288. Other similar coercions; (Compulsory purchase of merchandise and payment of
wages by means of tokens.)

Person Liable: Any person, agent or officer of any association or corporation.

Penalty: Arresto mayor or a fine ranging from 200-500 pesos, or both.

Acts punished as other similar coercions:

1. By forcing or compelling, directly or indirectly, or knowingly permitting the forcing or

compelling of the laborer or employee of the offender to purchase merchandise or
commodities of any kind from him.
 2. By paying the wages due his laborer or employee by means of tokens or objects other
than the legal tender currency of the Philippines, unless expressly requested by such
laborer or employee.

Elements of No. 1:

1. That the offender is any person, agent or officer of any association or corporation.

2. That he or such firm or corporation has employed laborers or employees.

3. That he forces or compels, directly or indirectly, or knowingly permit to be forced or

compelled, any of his or its laborers or employees to purchase merchandise or
commodities of any kind from him or from said firm or corporation.

Elements of No. 2:

1. That the offender pays the wages due a laborer or employees employed by him by
means of tokens or objects.

2. That those tokens or objects are other than the legal tender currency of the Philippines.

3. That such employee or laborer does not expressly request that he be paid by means of
tokens or objects.

Note: The right of laborers or employees to receive just wages in legal tender. Thus, the use of
tokens, promissory notes, vouchers, coupons are absolutely prohibited.

Note: Compelling an employee to purchase merchandise or commodities of the employer is

punishable under this Article.

Art. 289. Formation, maintenance and prohibition of combination of capital or labor

through violence or threats.

Person liable: Any person.

Penalty: Arresto mayor and a fine not exceeding 300 pesos.

Acts punished: By compelling or forcing the laborers or employers in the free and the legal
exercise of their industry or work.

Elements:

1. That the offender employs violence or threats, in such a degree as to compel or force
the laborers or employers in the free and the legal exercise of their industry or work.
 2. That the purpose is to organize, maintain or prevent coalitions of capital or labor, strike
of laborers or lockout of employers.

Note: The acts should not be a more serious offense. Hence, if death or serious physical injuries
are caused in the exercise of the rights of laborers and employers, the act should be punished
in the accordance with the provision of this Code.

Note: Peaceful picketing is not prohibited as long it is peaceful and orderly manner.

Note: Employing violence or making threat by picketers may make them liable for coercion.

Note: Preventing employee from joining any registered labor organization is punished under the
Labor Code.

Chapter Three

DISCOVERY AND REVELATION OF SECRETS

Art. 290. Discovering secrets through seizure of correspondence.

Person liable: Private individual

Penalty: a. Prision correccional in its minimum and medium periods and a fine not exceeding
200 pesos.

b. Arresto mayor and a fine not exceeding 200 upon offender shall not reveal the
secrets.

Acts punished:

Elements:

1. That the offender is private individual or even a public officer not in the exercise of
his function.
2. That he seizes the papers or letters of another.
3. That the purpose is to discover the secrets of such another person.
4. That the offender is informed of the contents of the papers or letters seized.

Note: The purpose of the offender must be to discover the secrets of another. Thus, if the person
open the letter by mistake he is not liable.

Note: The offender must be informed of contents of papers or letters.

Note: Prejudice is not an element of the offense.

Note: Circumstance qualifying the offense: When the offender reveals the contents of such paper
or letters of another third person.

Note: Article 290 is not applicable to letters of minors and spouses.

Distinguished from public officer revealing secret of private individual

-The public officer comes to know the secrets of any private individual by reason of his office.
The public officer reveals to the public without justifiable reason.

-The offender who is a private individual seizes the papers or letters of another to discover
secrets of the latter. It is not necessary that there be a secret and, if there is a secret discovered, it
is not necessary that it be revealed.

Art. 291. Revealing secrets with abuse of office.

Person liable: Manager, employee or servant.

Penalty: Arresto mayor and a fine not exceeding P500.

Acts punished: Revealing the secrets of his principal or master.

Elements:

1. That the offender is a manager, employee or servant.

2. That he learns the secrets of his principal or master in such capacity.
3. That he reveals such secrets.

Note: Secret must be learned by reason of their employment and the secrets must be revealed by
the offender. Thus, if the person does not reveal the secrets, the crime is not committed.

Note: Damage is not necessary.

Art. 292. Revelation of industrial secrets.

Person liable: Person in charge, employee or workman.

Penalty: Prision correccional in its minimum and medium periods and a fine not exceeding
P500.

Acts punished: Reveals the secrets he learned from such industry and that prejudice is caused to
the owner.
Elements:

1. That the offender is a person in charge, employee or workman of a manufacturing or

industrial establishment.
2. That the manufacturing or industrial establishment has a secret of the industry which the
offender has learned.
3. That the offender reveals such secrets.
4. That prejudice is caused to the owner.

Note: Secret must relate to manufacturing process, otherwise when such process are generally
used, they will not be secret.

Note: The act constituting the crime is revealing the secret of the industry of employer.
Therefore, it is used the secret of the industry for his own benefit, without revealing it to others,
he is not liable under this Article.

Note: The revelation of the secret might be made after the employee or workman had ceased to
be connected with the establishment. What is important is that he was an employee or workman
of the manufacturing or industrial establishment.

Note: Prejudice is an element of the offense.

Note: Penalty to be imposed into maximum period when torture attends in the commission of the
crime.