#113

PEOPLE vs TIMBOL
Grave Threats

FACTS: This is a consolidated case of acts of lasciviousness and grave threats. The accused together with
Rufino Flores, the husband of the complaining witness Francisca Garcia went to the latters house where
he was introduced by Flores to his wife, Francisca. Later on the accused ordered and Pepsi-Cola and he
went downstairs with Rufino. When they went back upstairs, the accused identified himself as a
member of the CID and told Flores that he would like to be alone with the latters wife. When they were
alone, asked her if her husband was a member of the Huks and she replied that he was not. The accused
insisted that he was and at the same time came near her with intention of kissing her. Francisca pushed
him and he threatened her that he will kill her husband if she refused. He tried to lift her skirt and touch
her private parts but she ran to the door wherein the accused held her hands and threw her to the door.
He then again tried to kiss her and embrace her. Noting the resistance of Francisca, he then striked a
deal saying that he will leave her husband alone if she meets him at Cine Illusion the following day. She
declined as she doesnt know where that is. The accused then went downstair and took hold of Rufino
and was in the act of taking him along with him when Francisca approached the accused asked for
forgiveness. She then promised to meet the accused to the theatre the next day.

ISSUE: WON the accused is guilty of grave threats

HELD: No. The accused is ACQUITTED.

RATIO: Threats were not made by the accused to Rufino Flores, but to his wife Fracisca Garcia while he
was abusing her and that such threats form part of the element of intimidation that appellant employed
to succeed in his lewd designs. Said threats, therefore, cannot be considered separate and independent
from the crime of abuse against chastity to constitute another crime of threats. Since the accused was
convicted for the crime of lasciviousness, he is then acquitted of the crime of threats for it formed part
of the intimidation exerted upon the offended party during the perpetration of the crime of
lasciviousness.