Crim Law

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1. What are the elements of Grave Coercion.

The elements of grave coercion under Article 286 of the RPC are that a person is prevented by
someone who does something against his will, whether it is good or bad. That the prevention or
coercion is done through violence, threats, and intimidation, or that anyone who restricts the
will and freedom of others therein.

2. What are the elements of Grave Threat

From the RPC's Article 282, the first is anybody who threatens to harm another person's person,
honor, or property, or that of that person's family. Next, such wrongdoing is a crime, and last,
such a threat may or may not be coupled with a condition.

3. Distinguish Grave Threat from Grave Coercion.

According to the Revised Penal Code, however, we may state that a crime is coercion if the harm
to be done is direct and immediate or against the victim's free choice in order to distinguish
between the two. When under threat, the damage is to be done later. When someone wants to
do something, they are coerced at that same moment, and they are threatened with
consequences if they don't.

4. Isagani lost his gold necklace bearing his initials. He saw Roy wearing the said necklace. Isagani
asked Roy to return to him the necklace as it belongs to him. But Roy refused. Isagani then drew
his gun and told Roy, “If you will not give back the necklace to me, I will kill you.” Out of fear for
his life and against his will, Roy gave the necklace to Isagani. What offense did Isagani commit?

According to article 286, Isagani committed grave coercion when he threatened or intimidated
Roy into doing anything against his will. Not grave threats, but grave coercion was breached by
his significant threat. This is due to Isagani's use of a revolver, a lethal weapon, to threaten Roy
in order to take his necklace. Given that Isagani is the rightful owner of the necklace, we cannot
accuse her of stealing it.

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