CRIMINAL LAW 2
JUFER
March 14, 2023
1. What is Art. 286
2. Elements of Art. 286
1. That the act is committed by any
person without authority of law.
2. That the act is committed by
means of Violence, Threat,
Intimidation
3. That a person is prevented by
another from doing something
not prohibited by law, or
compelled to do something
against his or her will, be it right
or wrong.
4. That a person who restrains the
will and liberty of another has no
right to do so.
3. How do you commit grave
coercions? By means of what?
4. Give an example.
5. Correlate your examples to the
elements.
6. “Without authority of law”, what do
you mean by this?
7. If one has authority of law, can he
not be held liable for grave
coercions?
8. Give an example when a person has
authority of law, committing the
acts of grave coercions but is not
held liable.
9. Just because a person is a
policeman, he cannot be liable
under grave coercion?
10. Elements Art. 286
11. Example of Art. 286
12. Just because a person is a mayor in
authority, he cannot be liable under
grave coercion?
13. Who is a person in authority?
14. What kind of force?
15. Can it be physical force?
16. Can it be actual physical violence?
17. Is there any other way of performing
violence against a person?
18. When you talk about material
violence, what do you mean by that?
19. Is it not physical violence?
20. Will actual physical violence be
necessary for the commission of
grave coercion?
21. “Committed by any person without
authority of law”, expound.
Example.
22. Example of when intimidation is
used.
23. There are two ways to commit grave
coercions. What are these?
24. Are there aggravating circumstances
in grave coercions? (2nd Par, Art.
286)
25. Two acts punished under grave
coercion.
26. Art. 287.
27. When is it light coercion?
28. Elements.
29. In the types of light coercion
described in Art. 287, does it always
involve a creditor?
30. In unjust vexation, does the person
who can commit the crime need to
be a creditor?
31. Is display of material force different
from violence?
32. Difference between display of
material force and violence
33. Difference between display of
material force and intimidation
34. Why do you include display of
material force as a means of
committing light coercion?
35. When you say violence, what do you
mean by that, is it physical violence?
36. Do you agree when seizing debtor’s
property, it is impossible not to
commit violence?
37. Example.
38. Can there be seizure of property
without violence?
39. Will display of material force play a
role under Art. 287 to commit light
coercion?
40. What is unjust vexation?
41. Can irritation be also vexing?
42. Is there such a thing as “just
vexation”? Example.
43. Should violence be present as well in
light coercion or unjust vexation?
44. Art. 293
45. Elements.
46. Can a public officer commit
robbery?
47. What is a personal property?
48. What is the nature or characteristic
of a personal property?
49. Ownership is necessary to know
whether something is personal
property?
50. Can Robbery be committed if the
personal property taken is not
owned by anyone?
51. Can a prohibited items or articles be
subjects of robbery?
52. What is the principle of unlawful
taking?
53. When one uses violence,
intimidation, or force upon things,
can these be classified as unlawful
taking?
54. Is there such a thing as lawful
taking? When can that happen?
Example.
55. There can be no robbery if the
taking is lawful?
---END--Assignment: Article 293 onwards