A. ART.

282 – GRAVE THREATS

People v. Timbol

Contention of the State: The accused together with Rufino Flores, the husband
of the complaining witness Francisca Garcia went to the latter’s 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 latter’s 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 stroked a deal saying that he will leave her
husband alone if she meets him at Cine Illusion the following day. She declined
as she doesn’t know where that is. The accused then went downstairs 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.

Defense of the Accused: Accused pleaded not guilty.

Ruling: The accused is ACQUITTED.

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.