Grave Threats, 3 Counts

The Facts

As punong barangay of Mampas, Bacong, Negros Oriental, petitioner Santiago Paera (petitioner) allocated his constituents use of communal water coming from a communal tank by limiting distribution to the residents of Mampas, Bacong. The tank sits on a land located in the neighboring barangay of Mampas, Valencia and owned by complainant Vicente Darong (Vicente), father of complainant Indalecio Darong (Indalecio). Despite petitioners scheme, Indalecio continued drawing water from the tank. On 7 April 1999, petitioner reminded Indalecio of the water distribution scheme and cut Indalecios access.

The following day, petitioner inspected the tank after constituents complained of water supply interruption. Petitioner discovered a tap from the main line which he promptly disconnected. To stem the flow of water from the ensuing leak, petitioner, using a borrowed bolo, fashioned a wooden plug. It was at this point when Indalecio arrived. What happened next is contested by the parties.

According to the prosecution, petitioner, without any warning, picked-up his bolo and charged towards Indalecio, shouting Patyon tikaw! (I will kill you!). Indalecio ran for safety, passing along the way his wife, Diosetea Darong (Diosetea) who had followed him to the water tank. Upon seeing petitioner, Diosetea inquired what was the matter. Instead of replying, petitioner shouted Wala koy gipili, bisag babaye ka, patyon tikaw! (I dont spare anyone, even if you are a woman, I will kill you!). Diosetea similarly scampered and sought refuge in the nearby house of a relative. Unable to pursue Diosetea, petitioner turned his attention back to Indalecio. As petitioner chased Indalecio, he passed Vicente, and, recognizing the latter, repeatedly thrust his bolo towards him, shouting Bisag gulang ka, buk-on nako imo ulo! (Even if you are old, I will crack open your skull!).

 
RULING

 Petitioner Liable for Three Counts of Grave Threats. xxx Similarly, petitioners intent to threaten Indalecio, Diosetea, and Vicente with bodily harm arose only when he chanced upon each of his victims.

Article 282 of the RPC holds liable for Grave Threats any person who shall threaten another with the infliction upon the person x x x of the latter or his family of any wrong amounting to a crime[.] This felony is consummated as soon as the threats come to the knowledge of the person threatened.¹²

Applying these parameters, it is clear that petitioners threat to kill Indalecio and Diosetea and crack open Vicentes skull are wrongs on the person amounting to (at the very least) homicide and serious physical injuries as penalized under the RPC. These threats were consummated as soon as Indalecio, Diosetea, and Vicente heard petitioner utter his threatening remarks. Having spoken the threats at different points in time to these three individuals, albeit in rapid succession, petitioner incurred three separate criminal liabilities.

source:  

SANTIAGO PAERA vs PEOPLE OF THE PHILIPPINES,

G.R. No. 181626 (May 30, 2011 - Second Division)