Republic of the Philippines

Fourth Judicial Region

MUNICIPAL TRIAL COURT IN CITIES
Branch I, Batangas City

THE PEOPLE
OF THE PHILIPPINES CRIMINAL CASE NO. 60772
Plaintiff,

-versus- -for-

ROY ADA BICO JR., GRAVE THREATS

Accused.

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THE PEOPLE
OF THE PHILIPPINES CRIMINAL CASE NO. 60773
Plaintiff,

-versus- -for-

JAY BICO OTHER LIGHT THREATS

Accused.

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RESOLUTION

All accused were arraigned on May 3, 2019 and pleaded not guilty to
the charges against them. They were assisted by their counsel de parte, Atty
Jaero P. Garcia.

EVIDENCE FOR THE PROSECUTION

The parties moved for the consolidation of trial for these two
remaining cases and the same is granted. For the prosecution, they
presented four (4) witnesses.

Jesus Magramo (Magramo) testified that at around 1:30PM of July

26, 2018 while he was at the CLDI compound, he was instructed by Joanne
Reyes (Reyes), authorized representative of CLDI, to bring back the
Kobelco crane inside the compound. He learned that at midnight, the crane
was moved ten meters away from the compound. He then tried to start the
engine of the crane but found out that it has no battery. After buying the
battery, he started to install the same to the crane, however, Roy and several
men arrived. Jay Bico (Jay) who shouted at him saying “huwag mong
galawin yan, may mangyayari sa ‘yo!” Jay told him to stop what he was
doing and threatened him “Siguraduhin mol ang na tutulungan ka ng
amo mo kung hindi kawawa and pamilya mo, maliit pa mga anak mo,
madidisgrasya ka.” He was frightened and hesitated to continue installing
the battery but Reyes told him not to mind them so he continued to install
the battery. Thereafter, Jerome climbed the crane and took the pilot’s seat
while jay stood beside him and threatened Magramo not to go up or else
something bad will happen to him. He reported the matter to the nearby
policemen and told them that “medyo may sinabi lang pong hindi maganda”.
The officers replied that they will respond if there were already a
commotion.

Socrates Diaz (Diaz) testified that at around 11:05PM of July 25,

while he was at the guard house of Container Link Depot, Inc. (CLDI)
compound, Roy Bico (Roy) arrived with 16 men and ordered him to open
the gate. He refused, so the men started to destroy the barbed wire fence
blocking the gate of the compound. After entering the compound, Roy
ordered his men to get the crane. He blocked their way to prevent them from
getting the crane but he was told by Roy “Subukan mong humarang at
papatayin kita kasama ang pamilya mo.” It was because of these utterances
and thinking about the safety of his family that he gave way and the group
was able to take the crane out of their compound.

Joanne Reyes (Reyes) testified that it was around 12:30 in the

morning of July 26 when she received a call from Diaz informing her what
transpired at around 11:00PM. It was the unauthorized entry and the taking
of the crane inside the CLDI yard. At noon of the same day, she reported the
matter to the police authorities and requested for assistance. Arriving back at
the yard, she saw the five accused trying to start the crane outside the yard.
She took pictures. She saw Jay manning the crane and Jerome Esteban
(Jerome) standing beside him and uttered threats that “anyone who will
attemot to come up will be hurt.” She does not know as to whom Jerome is
addressing said threat since Diaz, Magramo, and Solahis were all there.

Ricky Solahis testified that he worked as a “rigger” or crane operator

assistant. When the company shutdown, he was hired as the caretaker of the
compound and of the crane. At around 1:00AM of July 26, he went to the
yard as per instruction of Reyes. He saw the crane already outside, the gate
and fence destroyed. He was informed by Diaz that the group of Bico took
the crane and threatened him. Since it was already very late, he decided to
go home. At 7:00AM, he returned to the yard. Reyes arrived and ordered
Magramo to get the crane. However, the crane failed to start because there

PP v. Bico, JR., et. al. CC # 60772-60773 Page 2 of 7

was no battery hence, they were ordered to buy one. Upon returning,
Magramo installed the battery and tried to operate the crane when Jay and
his companions arrived. Jay shouted a at Magramo saying “wag mong
galawin yan, wag ka aakyat diyan, may mangyayari sa iyo.” Jay and
company were followed by Roy Bico and company. Upon arriving, Roy
Bico immediately disconnected the battery and removed it from the crane.
Magramo then alighted from the crane to see what’s wrong. Jay then
climbed the crane and sat at the pilot’s seat while Jerome stood beside him.
These resulted to a commotion prompting Joanne to call for police
assistance.

EVIDENCE FOR THE DEFENSE

For the defense, they presented three (3) witnesses namely: Jay Bico,
Roy Ada Bico, and Jessie Esteban.

Jay Bico, maintenance staff at Troy Daniel Trucking Services,

testified that the accusation against him wherein he allegedly threatened
Jesus Magrami by uttering the words “WAG MONG GAGALAWIN
YAN, WAG KA AAKYAT DIYAN, MAY MANGYAYARI SA IYO” is
not true. He claimed that at that time there were police officers near the area
hence he would have no courage to utter those threatening words to
Magramo nor harm him. There were also video footages taken on that
afternoon of July 26, 2018 and it can be seen there that Magramo can freely
move around and even climbed up the crane to fix and operate it. He
presented four (4) video footages. In the first video which was taken at 3:25
pm on the same date, as Jay described it, Ricky Solahis can climb up the
crane while Reyes and Magramo are just below it. Roy Bico Jr is the one
taking the video while Reyes is speaking. In that point, Magramo can freely
climb up the crane. Jay emphasized that nothing can be heard from the video
that he uttered those threatening words to Magramo. In the second video, it
can be seen that Magramo is already in the crane and Jay can be seen to be
taking the video near the crane but he was not speaking nor saying anything
to Magramo. In the third video, it can be seen that Magramo and Solahis are
continuously fixing and there is no one who stops them from working in the
crane. And lastly, in the fourth video, Solahis was putting a tarpaulin in the
crane and Jay was walking away from it. Jay stated that Video 1 was
recorded by Roy using his cellphone. Video 2 was also recorded by Roy but
after a few seconds, he handed it to Jervy Mitra and also Video 3 and 4 were
taken by Roy. In Video 2, Jay confirmed that he also took some part of the
video.

He further testified that at around 11:05PM of July 25, 2018, he was

with Roy Bico when they went to CLDI yard and the latter did not utter
threatening words saying, SUBUKAN MONG HUMARANG AT

PP v. Bico, JR., et. al. CC # 60772-60773 Page 3 of 7

PAPATAYIN KITA KASAMA ANG PAMILYA MO”, against Socrates
Diaz and that complainant has no other witness aside from himself.

Roy Bico, owner of Troy Daniel Trucking Services, testified that the
accusation against him wherein he allegedly threatened Socrates Diaz by
uttering the words “SUBUKAN MONG HUMARANG AT PAPATAYIN
KITA KASAMA ANG PAMILYA MO” is not true. He went to the CLDI
yard on the night of July 25, 2018 with Jay Bico and Jessie Esteban and he
stated that those two can testify that the allegation against him was not true
and that the complainant has no other witness aside from himself.

He further testified that he was also present on the afternoon of July

26, 2018 on the CLDI yard. At that time there were police officers near the
place. He mentioned the video which was taken on that same day and hour
that Jesus F. Magramo can freely do his task and even climbed up the crane
to operate it. He testified that Jay Bico did not hinder nor threaten Magramo.
Roy narrated the contents of the four videos presented as evidence. In the
first video, it can be seen that Ricky Solahis climbed the train and Joanne
Reyes and Jesus Magramo were just below it. Roy was speaking to Reyes
while taking the video and at that point Magramo climbed the crane without
any restriction. Nothing can be heard in the video from Jay Bico saying,
“WAG MONG GAGALAWING YAN, WAG KA AAKYAT DIYAN,
MAY MANGYAYARI SA IYO”, to Jesus Magramo. The second video
shows the next scenario where Jesus Magramo already climbed the crane
and it can be seen that jay is just taking the video without speaking nor
saying anything to the former. In the third video, it can be seen that Jesus
Magramo and Ricky Solahis can continuously fix the crane without any
hindrance. Roy can be seen walking behind Joanne Reyes and Genevieve
Sunico while talking to someone in the phone. Lastly, on the fourth video,
Ricky Solahis was attaching a tarpaulin in the crane while Jay Bico is
walking away from it.

Jesus Esteban, maintenance staff at Troy Daniel Trucking Services,

testified that at around 11:05PM of July 25, 2018, he was with Roy Bico
when they went to CLDI yard and the latter did not utter threatening words
saying, “SUBUKAN MONG HUMARANG AT PAPATAYIN KITA
KASAMA ANG PAMILYA MO”, against Socrates Diaz. Esteban further
stated that he was with Roy the whole day of July 25 and he cannot recall
any conversation that took place between Roy Bico and Socrates Diaz. Roy
Bico also did not approach Socrates Diaz. The complainant also has no other
witness aside from himself.

EVALUATION OF THE COURT

I. GRAVE THREATS

PP v. Bico, JR., et. al. CC # 60772-60773 Page 4 of 7

 The kind of grave threats charged herein is described and punished
under paragraph 1 of Article 282 of the Revised Penal Code, as amended, to
wit:

Article 282. Grave Threats. – Any person who shall threaten another
with the infliction upon the person, honor, or property of the latter or his
family of any wrong amounting to a crime, shall suffer:

1. The penalty next lower in degree than that prescribed by law for
the crime he threatened to commit, if the offender shall have made
the threat demanding money or imposing any other condition, even
though not unlawful, and said offender shall have attained his
purpose. If the offender shall not have attained his purpose, the
penalty lower by two degrees shall be imposed.
x x x

From the foregoing, the elements of grave threats subject to a

condition are the following:

a. That the offender threatens another person with the infliction upon the latter’s
person, honor or property, or upon that of the latter’s family, of any wrong;
b. That such wrong amounts to a crime;
c. That there is a demand for money or any other condition is imposed, even
though not unlawful;
d. That the offender attains his purpose.

In the instant case, all the elements of grave threats subject to a

condition are present. The words uttered “SUBUKAN MONG
HUMARANG”, served as the condition to the threat “PAPATAYIN KITA
KASAMA ANG PAMILYA MO” imposed by the accused Roy Bico, that
is, if Socrates Diaz will block Roy Bico to prevent them from obtaining
crane, the latter will kill him and his family. The accused admitted that he
was present at CLDI yard that same hour when the incident happened as
narrated by the People and was able to operate and bring the crane outside of
the CLDI compound.1 Considering the surrounding circumstance that what
was being taken is a crane, the uttered words do not go against the threat to
kill or to inflict serious injury if Socrates Diaz will block the way of Roy
Bico. The accused was then able to attain his purpose of bringing out the
crane.

The Defense witnesses including Roy Bico, the accused, merely

denied the allegation. Esteban even testified that Roy did not have any
conversation nor approached Diaz.2 This is quite illogical because as a
security guard, the role of Diaz is to secure the premises of CLDI yard and
1
Exhibit “1”.
2
TSN dated January 22, 2020

PP v. Bico, JR., et. al. CC # 60772-60773 Page 5 of 7

prohibit any unauthorized entry hence it would be natural that before the
crane can be taken outside, there will be a confrontation between the one
ordering the taking of the crane and the guard. It is undeniable that the crane
was forcibly taken outside of the compound hence it is safe to conclude that
it couldn’t be done without Roy Bico intimidating Socrates Diaz. No
security guard who is in the right mind would permit the unauthorized taking
of any property in the premises of the compound. There was just a clear and
present danger due to the threat uttered by the accused to Diaz and his
family that he gave way and the group was able to take the crane out of their
compound.

It can be also noted that Socrates Diaz immediately reported the

incident to the police station and consequently executed a sworn statement
in the morning right after the incident happened which is a natural reaction
of a person who was subjected to a serious threat.

Though Socrates Diaz is the only witness of the Prosecution, his

positive assertion and straight forward manner of testifying and the
spontaneity of his acts, constituted the more plausible and credible version
than mere denials offered by the Defense. The negative assertions of the
Defense witnesses cannot prevail over the positive testimony of Socrates
Diaz.

II. OTHER LIGHT THREATS

The kind of other light threats charged herein is described and

punished under paragraph 2 of Article 285 of the Revised Penal Code, as
amended, to wit:

Article 285. Other Light Threats. – The penalty of arresto menor in its
minimum period or a fine not exceeding 200 pesos shall be imposed upon:

x x x
2. Any person who, in the heat of anger, shall orally threaten another
with some harm not constituting a crime, and who by subsequent
acts show that he did not persist in the idea involved in his threat,
provided that the circumstances of the offense shall not bring it
within the provisions of Article 282 of this Code.
x x x

All the elements of other light threats are present in the case. The
accused orally threatened the private complainant by uttering the words
“huwag mong gagalawin yan, may mangyayari sa ‘yo!” which if done will
constitute a crime. It was uttered due the private complainant’s act of

PP v. Bico, JR., et. al. CC # 60772-60773 Page 6 of 7

installing the battery to the crane causing the accused to be furious and the
private complainant did not state any other acts done which would show that
the accused has the intention of carrying out the execution of his threat.

In the instant case, the Defense failed to detract the positive testimony
of complainant Magramo who was the object of the threatening words of the
accused. Though the Defense presented fours videos in support of the denial
to the allegation, the videos were found to be of no probative value to the
case. The videos did not show the whole scenario of the incident since the
first video was taken at 3:25pm, more than an hour after the arrival of the
accused in the place which was around 2pm.3 Hence, what is left to the
Defense as evidence are the mere denials of the accused and other defense
witness which are self-serving and are bereft of weight in the courts of law.

As mentioned in the resolution to the demurrer in evidence initially

filed, what is of value is that Magramo was categorical in his direct and
cross-examination it was he who was the object of the threatening words of
the accused. More so that he showed spontaneity in his acts when he
immediately reported to the police in a nearby police patrol car stating,
“medyo may sinabi pong hindi maganda”, though it was not the exact
threatening words said to him by the accused. It was further corroborated
when Joanne Reyes testified that there were threats uttered though she was
not sure as to whom those words are directed to. But as given emphasis,
purported inconsistencies in the testimonies of witness are disregarded since
these refer to collateral matters and not to the essential details of the
incident.

WHEREFORE, all the foregoing premises considered, the Court

finds and declares accused ROY BICO GUILTY beyond reasonable doubt
of the offense of Grave Threats under Criminal Case No. 60772, and
sentences him to indeterminate penalty of six (6) months of arresto mayor,
as minimum, to four (4) years and two (2) months of prision correccional, as
maximum.

The court also finds accused JAY BICO GUILTY beyond reasonable
doubt of the offense of Other Light Threats under Criminal Case No. 60773,
and sentences him to suffer ten (10) days of imprisonment and to pay a fine
of P20,000.00.

3
TSN dated November 20, 2019.

PP v. Bico, JR., et. al. CC # 60772-60773 Page 7 of 7