People v. Lazaro
REITERATIONFacts
The Antecedents: The defendants, Tiburcio Lazaro and Fermin Pascual, were charged with grave threats. The complaint alleged that on or about January 3, 1904, in Polo, Bulacan, they willfully and criminally threatened to take the life of Rufino San Diego, aiming a revolver at him, and threatened to denounce him for illegal possession of the revolver if he did not lend them 20 pesos. Procedural History: The court below found the defendants guilty and sentenced them to two years, four months, and one day of prision correccional, with costs. The defendants appealed this judgment. The Appeal: The defendants appealed the decision of the lower court, seeking to overturn their conviction for grave threats.
Issue(s)
Whether the acts of the defendants constitute the crime of grave threats under the Penal Code. Whether the penalty imposed by the lower court is proper.
Ruling
The Supreme Court affirmed the judgment of the lower court, finding the defendants guilty of grave threats and sentencing them to two years, four months, and one day of prision correccional, with costs and accessory penalties. The Court held that the evidence clearly proved the commission of the crime.
Ratio Decidendi
On Issue 1: The Court found that the evidence adduced clearly proved the commission of the crime of grave threats. The defendants demanded money from Rufino San Diego, and upon his refusal, Fermin Pascual displayed a revolver and threatened to denounce San Diego as its owner if the money was not provided. Tiburcio Lazaro then drew his own revolver, aimed it at San Diego's breast, and threatened to kill him if the money was not given. These actions, intended to compel San Diego to lend them money against his will, squarely fall within the definition of grave threats under Article 494 of the Penal Code. The testimony of two competent witnesses, corroborated by another, affirmed the execution of the crime as testified by the injured party, establishing the liability of both defendants as principals. On Issue 2: The Court determined that the penalty imposed by the lower court was proper. Article 494, paragraph 1, part 2 of the Penal Code provides the penalty for threats to kill or inflict serious harm, or threats to inflict any other wrong not constituting a crime, when made with the object of compelling the offended party to do or refrain from doing something against his will. Since the defendants did not succeed in obtaining the money due to the intervention of soldiers, the penalty should be two degrees lower than that of homicide. The judgment below imposed prision correccional in its medium degree, which the Supreme Court found to be in accordance with the law, as there were no aggravating or extenuating circumstances present. The Court also affirmed the accessory penalties provided for in Article 61 of the Penal Code.
Main Doctrine
The crime of grave threats under Article 494 of the Penal Code is consummated by the mere utterance of the threat, provided that the threat is made with the intention of compelling the offended party to do or refrain from doing something against his will. The penalty is graduated based on the severity of the threat, with the penalty for homicide being the reference point. In this case, the threat to kill and the threat to denounce the victim for illegal possession of a firearm, aimed at compelling the victim to lend money, clearly fall within the purview of grave threats.