9

People v. Timbol
47 OG 1868

Grave Threats

FACTS:
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 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.

ISSUE:
WON the accused is guilty of grave threats

HELD:
No.

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.