Case Digest: Caluag vs People GR171511 4 March 2009

            Article 282: Grave Threats | Criminal Law

Facts:

Ronnie Caluag and Jesus Sentillas was found guilty of slight physical injuries and Ronnie Caluag guilty of grave threats.

In the afternoon of March 19, 2000, around 4 o’clock in the afternoon, Nestor learned that two of his guests from an earlier drinking spree were mauled. At that time, Caluag and Sentillas were drinking at the store owned by the son of Sentillas. When Nestor inquired from several people including his own son Raymond what happened, Caluag butted in and replied, "Bakit kasama ka ba roon?," and immediately boxed him without warning. Nestor retaliated but he was overpowered by Caluag and Sentillas. Julia saw Caluag and Sentillas box her husband. Although she tried to pacify them, they did not listen to her. To avoid his assailants, Nestor ran to his house. Julia followed him. At around 6:00 p.m., Nestor told his wife to report the boxing incident to the barangay authorities.

Later, at around 7:30 in the evening, when Julia and her son Rotsen were on their way to their barangay hall, she encountered Caluag, who blocked her way at the alley near her house. Caluag confronted Julia with a gun, poked it at her forehead, and said "Saan ka pupunta, gusto mo ito?" Despite this fearful encounter, she was still able to proceed to the barangay hall where she reported the gun-poking incident to the barangay authorities.

Defense:

In the afternoon of March 19, 2000 at around 6 o’clock in the evening, Caluag was on his way home with his three-year old son when Nestor, drunk and unruly, blocked his way and asked him, "Pare, galit ka ba sa akin?" He answered in the negative but Nestor persisted in his questioning and would not allow him to pass through. Annoyed, he told Nestor, "Hindi nga! Ang kulit kulit mo!" Nestor then boxed him on his face which caused him to fall down. Caluag first assured himself of the safety of his son and then punched Nestor back. As people around pacified them, he was led to the store owned by the son of Sentillas. Nestor pursued him and punched him again. As he retaliated, some bystanders separated them. Nestor then shouted, "Putang ina mo, Pare! Gago ka! Gago ka! Marami ka ng taong niloko!" Thereafter, an unidentified man from the crowd armed with a knife went towards Nestor but Sentillas timely interceded and pacified the man. Sentillas never boxed Nestor. Caluag also denied poking a gun at Julia.

MeTC, RTC, CA: Caluag and Sentillas guilty of slight physical injuries, and Caluag guilty of grave threats.

Issue: 

WoN there is a sufficient evidence to sustain petitioner’s conviction of slight physical injuries and of grave threats.

Held:

Caluag and Sentillas guilty of slight physical injuries, and 

Caluag guilty of grave threats.

As the lower courts and the Court of Appeals correctly stated, the testimonies of Nestor and Julia were more in accord with the natural course of things. There could be no doubt that Caluag and Sentillas lost control of their temper as Caluag himself admitted that he got annoyed by Nestor’s unruly behavior. Likewise, the gun-poking incident also happened since Julia did not waste time in reporting it to the barangay authorities. Instead of reporting the mauling of her husband, she reported what happened to her in her hurry, excitement and confusion. Indeed, the positive declarations of Nestor and Julia that petitioner committed the acts complained of undermined his negative assertions. Indeed, we find they had no reason to concoct stories to pin down petitioner on any criminal act, hence their testimonies deserve full faith and credit.

The MeTC, the RTC and the Court of Appeals uniformly found petitioner guilty of grave threats under Article 282, par. 2 of the Revised Penal Code. We find no reason to reverse the findings and conclusions of the MeTC and RTC, as affirmed by the Court of Appeals.

In grave threats, the wrong threatened amounts to a crime which may or may not be accompanied by a condition. In light threats, the wrong threatened does not amount to a crime but is always accompanied by a condition. In other light threats, the wrong threatened does not amount to a crime and there is no condition.

The records show that at around 7:30 in the evening, Julia Denido left her house to go to the barangay hall to report the mauling of her husband which she witnessed earlier at around 4:00 o’clock in the afternoon. On her way there, petitioner confronted her and pointed a gun to her forehead, while at the same time saying "Saan ka pupunta, gusto mo ito?" Considering what transpired earlier between petitioner and Julia’s husband, petitioner’s act of pointing a gun at Julia’s forehead clearly enounces a threat to kill or to inflict serious physical injury on her person. Actions speak louder than words. Taken in the context of the surrounding circumstances, the uttered words do not go against the threat to kill or to inflict serious injury evinced by petitioner’s accompanying act.

Given the surrounding circumstances, the offense committed falls under Article 282, par. 2 (grave threats) since: (1) killing or shooting someone amounts to a crime, and (2) the threat to kill was not subject to a condition.

Article 285, par. 1 (other light threats) is inapplicable although it specifically states, "shall threaten another with a weapon or draw such weapon in a quarrel", since it presupposes that the threat to commit a wrong will not constitute a crime. That the threat to commit a wrong will constitute or not constitute a crime is the distinguishing factor between grave threats on one hand, and light and other light threats on the other.

Penalty:

Slight Physical Injuries

₱200.00 fine

censured to be more complaisant and well-bred in dealing with people

Grave Threats

two (2) months imprisonment

₱200.00 fine

Recit Version: 

Facts:  
Ronnie Caluag and Jesus Sentillas were found guilty of slight physical injuries, while Caluag was additionally found guilty of grave threats. 

Nestor Denido, after learning that two of his guests had been assaulted, encountered Caluag and Sentillas at a store. Caluag butted in and replied, "Bakit kasama ka ba roon?," and immediately boxed him without warning Nestor retaliated but was overpowered by Caluag and Sentillas. 

Julia, Nestor's wife, witnessed the assault but was unable to pacify the assailants. Nestor eventually sought refuge at home, and Julia followed him. Later that evening, as Julia and her son were heading to the barangay hall, Caluag blocked their path in an alley. He confronted Julia with a gun, pointing it at her forehead and asking, "Saan ka pupunta, gusto mo ito?" Despite the fear she experienced, Julia managed to reach the barangay hall and report the incident to the authorities. 

MeTC, RTC, CA: Caluag and Sentillas guilty of slight physical injuries, and Caluag guilty of grave threats. 

Issue:  
WoN there is a sufficient evidence to sustain petitioner’s conviction of slight physical injuries and of grave threats.  

Held: 
Caluag and Sentillas guilty of slight physical injuries, and  
Caluag guilty of grave threats.  

There could be no doubt that Caluag and Sentillas lost control of their temper as Caluag himself admitted that he got annoyed by Nestor’s unruly behavior. Likewise, the gun-poking incident also happened since Julia did not waste time in reporting it to the barangay authorities. Instead of reporting the mauling of her husband, she reported what happened to her in her hurry, excitement and confusion.  

In grave threats, the wrong threatened amounts to a crime which may or may not be accompanied by a condition. In light threats, the wrong threatened does not amount to a crime but is always accompanied by a condition. In other light threats, the wrong threatened does not amount to a crime and there is no condition. 

Considering what transpired earlier between petitioner and Julia’s husband, petitioner’s act of pointing a gun at Julia’s forehead clearly enounces a threat to kill or to inflict serious physical injury on her person. Actions speak louder than words. Taken in the context of the surrounding circumstances, the uttered words do not go against the threat to kill or to inflict serious injury evinced by petitioner’s accompanying act. 

Given the surrounding circumstances, the offense committed falls under Article 282, par. 2 (grave threats) since: (1) killing or shooting someone amounts to a crime, and (2) the threat to kill was not subject to a condition. 

Article 285, par. 1 (other light threats) is inapplicable although it specifically states, "shall threaten another with a weapon or draw such weapon in a quarrel", since it presupposes that the threat to commit a wrong will not constitute a crime. That the threat to commit a wrong will constitute or not constitute a crime is the distinguishing factor between grave threats on one hand, and light and other light threats on the other. 

Penalty:

Slight Physical Injuries

₱200.00 fine

censured to be more complaisant and well-bred in dealing with people

Grave Threats

two (2) months imprisonment

₱200.00 fine