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Section Three.

Threats and coercion


Art. 282. Grave threats. Any person who shall threaten another with the infliction upon
the person, honor or property of the latter or of 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 be
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.chanrobles virtual law library
If the threat be made in writing or through a middleman, the penalty shall be imposed in
its maximum period.chanrobles virtual law library
2. The penalty of arresto mayor and a fine not exceeding 500 pesos, if the threat shall not
have been made subject to a condition.chanrobles virtual law library
Art. 283. Light threats. Any threat to commit a wrong not constituting a crime, made in
the manner expressed in subdivision 1 of the next preceding article, shall be punished by
arresto mayor.
Art. 284. Bond for good behavior. In all cases falling within the two next preceding
articles, the person making the threats may also be required to give bail not to molest the
person threatened, or if he shall fail to give such bail, he shall be sentenced to
destierro.chanrobles virtual law library
Art. 285. Other light threats. The penalty of arresto menor in its minimum period or a
fine not exceeding 200 pesos shall be imposed upon:
1. Any person who, without being included in the provisions of the next preceding article,
shall threaten another with a weapon or draw such weapon in a quarrel, unless it be in
lawful self-defense.chanrobles virtual law library
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.chanrobles virtual law library
3. Any person who shall orally threaten to do another any harm not constituting a
felony.chanrobles virtual law library
Chapter Two
PHYSICAL INJURIES
Art. 262. Mutilation. The penalty of reclusion temporal to reclusion perpetua shall be
imposed upon any person who shall intentionally mutilate another by depriving him, either
totally or partially, or some essential organ of reproduction.
Any other intentional mutilation shall be punished by prision mayor in its medium and
maximum periods.chanrobles virtual law library

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Art. 263. Serious physical injuries. Any person who shall wound, beat, or assault
another, shall be guilty of the crime of serious physical injuries and shall suffer:
1. The penalty of prision mayor, if in consequence of the physical injuries inflicted, the
injured person shall become insane, imbecile, impotent, or blind;
2. The penalty of prision correccional in its medium and maximum periods, if in
consequence of the physical injuries inflicted, the person injured shall have lost the use of
speech or the power to hear or to smell, or shall have lost an eye, a hand, a foot, an arm,
or a leg or shall have lost the use of any such member, or shall have become
incapacitated for the work in which he was therefor habitually engaged;
3. The penalty of prision correccional in its minimum and medium periods, if in
consequence of the physical injuries inflicted, the person injured shall have become
deformed, or shall have lost any other part of his body, or shall have lost the use thereof,
or shall have been ill or incapacitated for the performance of the work in which he as
habitually engaged for a period of more than ninety days;
4. The penalty of arresto mayor in its maximum period to prision correccional in its
minimum period, if the physical injuries inflicted shall have caused the illness or
incapacity for labor of the injured person for more than thirty days.chanrobles virtual law
library
If the offense shall have been committed against any of the persons enumerated in
Article 246, or with attendance of any of the circumstances mentioned in Article 248, the
case covered by subdivision number 1 of this Article shall be punished by reclusion
temporal in its medium and maximum periods; the case covered by subdivision number 2
by prision correccional in its maximum period to prision mayor in its minimum period; the
case covered by subdivision number 3 by prision correccional in its medium and
maximum periods; and the case covered by subdivision number 4 by prision correccional
in its minimum and medium periods.
The provisions of the preceding paragraph shall not be applicable to a parent who shall
inflict physical injuries upon his child by excessive chastisement.chanrobles virtual law
library
Art. 264. Administering injurious substances or beverages. The penalties established
by the next preceding article shall be applicable in the respective case to any person
who, without intent to kill, shall inflict upon another any serious, physical injury, by
knowingly administering to him any injurious substance or beverages or by taking
advantage of his weakness of mind or credulity.chanrobles virtual law library
Art. 265. Less serious physical injuries. Any person who shall inflict upon another
physical injuries not described in the preceding articles, but which shall incapacitate the
offended party for labor for ten days or more, or shall require medical assistance for the
same period, shall be guilty of less serious physical injuries and shall suffer the penalty of
arresto mayor.chanrobles virtual law library
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Whenever less serious physical injuries shall have been inflicted with the manifest intent
to kill or offend the injured person, or under circumstances adding ignominy to the
offense in addition to the penalty of arresto mayor, a fine not exceeding 500 pesos shall
be imposed.chanrobles virtual law library
Any less serious physical injuries inflicted upon the offender's parents, ascendants,
guardians, curators, teachers, or persons of rank, or persons in authority, shall be
punished by prision correccional in its minimum and medium periods, provided that, in
the case of persons in authority, the deed does not constitute the crime of assault upon
such person.chanrobles virtual law library
Art. 266. Slight physical injuries and maltreatment. The crime of slight physical injuries
shall be punished:
1. By arresto menor when the offender has inflicted physical injuries which shall
incapacitate the offended party for labor from one to nine days, or shall require medical
attendance during the same period.chanrobles virtual law library
2. By arresto menor or a fine not exceeding 20 pesos and censure when the offender has
caused physical injuries which do not prevent the offended party from engaging in his
habitual work nor require medical assistance.chanrobles virtual law library
3. By arresto menor in its minimum period or a fine not exceeding 50 pesos when the
offender shall ill-treat another by deed without causing any injury.chanrobles virtual law
library

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ADMINISTRATIVE CIRCULAR NO. 14-93


TO: ALL REGIONAL TRIAL COURTS, METROPOLITAN TRIAL COURTS, MUNICIPAL
TRIAL COURTS AND MUNICIPAL CIRCUIT TRIAL COURTS
SUBJECT: GUIDELINES ON THE KATARUNGANG PAMBARANGAY CONCILIATION
PROCEDURE TO PREVENT CIRCUMVENTION OF THE REVISED KATARUNGANG
PAMBARANGAY LAW [SECTIONS 399-422, CHAPTER VII, TITLE I, BOOK III, R. A.
7160, OTHERWISE KNOWN AS THE LOCAL GOVERNMENT CODE OF 1991].
The Revised Katarungang Pambarangay Law under R. A. 7160, otherwise known as the
Local Government Code of 1991, effective on January 1, 1992 and which repealed P. D.
1508, introduced substantial changes not only in the authority granted to the Lupong
Tagapamayapa but also in the procedure to be observed in the settlement of disputes
within the authority of the Lupon.cralaw
In order that the laudable purpose of the law may not be subverted and its effectiveness
undermined by indiscriminate, improper and/or premature issuance of certifications to file
actions in court by the Lupon or Pangkat Secretaries, attested by the Lupon/Pangkat
Chairmen, respectively, the following guidelines are hereby issued for the information of
trial court judges in cases brought before them coming from the Barangays:chanrobles
virtual law library
I. All disputes are subject to Barangay conciliation pursuant to the Revised Katarungang
Pambarangay Law [formerly P. D. 1508, repealed and now replaced by Secs. 399-422,
Chapter VII, Title I, Book III, and Sec. 515, Title I, Book IV, R.A. 7160, otherwise known
as the Local Government Code of 1991], and prior recourse thereto is a pre-condition
before filing a complaint in court or any government offices, except in the following
disputes:chanrobles virtual law library
[1] Where one party is the government, or any subdivision or instrumentality
thereof;
[2] Where one party is a public officer or employee and the dispute relates
to the performance of his official functions;
[3] Where the dispute involves real properties located in different cities and
municipalities, unless the parties thereto agree to submit their difference to
amicable settlement by an appropriate Lupon;
[4] Any complaint by or against corporations, partnerships or juridical
entities, since only individuals shall be parties to Barangay conciliation
proceedings either as complainants or respondents [Sec. 1, Rule VI,
Katarungang Pambarangay Rules];
[5] Disputes involving parties who actually reside in barangays of different
cities or municipalities, except where such barangay units adjoin each other
and the parties thereto agree to submit their differences to amicable
settlement by an appropriate Lupon;
[6] Offenses for which the law prescribes a maximum penalty of
imprisonment exceeding one [1] year or a fine of over five thousand pesos
(P5,000.00);
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[7] Offenses where there is no private offended party;


[8] Disputes where urgent legal action is necessary to prevent injustice from
being committed or further continued, specifically the following:chanrobles
virtual law library
[a] Criminal cases where accused is under police custody or
detention [See Sec. 412 (b) (1), Revised Katarungang Pambarangay
Law];
[b] Petitions for habeas corpus by a person illegally deprived of his
rightful custody over another or a person illegally deprived of or on
acting in his behalf;
[c] Actions coupled with provisional remedies such as preliminary
injunction, attachment, delivery of personal property and support
during the pendency of the action; and cralaw
[d] Actions which may be barred by the Statute of Limitations.
[9] Any class of disputes which the President may determine in the interest
of justice or upon the recommendation of the Secretary of Justice;
[10] Where the dispute arises from the Comprehensive Agrarian Reform
Law (CARL) [Secs. 46 & 47, R. A. 6657];
[11] Labor disputes or controversies arising from employer-employee
relations [Montoya vs. Escayo, et al., 171 SCRA 442; Art. 226, Labor Code,
as amended, which grants original and exclusive jurisdiction over
conciliation and mediation of disputes, grievances or problems to certain
offices of the Department of Labor and Employment];
[12] Actions to annul judgment upon a compromise which may be filed
directly in court [See Sanchez vs. Tupaz, 158 SCRA 459].cralaw
II. Under the provisions of R. A. 7160 on Katarungang Pambarangay conciliation, as
implemented by the Katarungang Pambarangay Rules and Regulations promulgated by
the Secretary of Justice, the certification for filing a complaint in court or any government
office shall be issued by Barangay authorities only upon compliance with the following
requirements:chanroblesvirtuallawlibrary
[1] Issued by the Lupon Secretary and attested by the Lupon Chairman
(Punong Barangay), certifying that a confrontation of the parties has taken
place and that a conciliation settlement has been reached, but the same
has been subsequently repudiated (Sec. 412, Revised Katarungang
Pambarangay Law; Sec. 2[h], Rule III, Katarungang Pambarangay Rules);
[2] Issued by the Pangkat Secretary and attested by the Pangkat Chairman
certifying that:chanroblesvirtuallawlibrary
[a] a confrontation of the parties took place but no
conciliation/settlement has been reached (Sec. 4[f], Rule III,
Katarungang Pambarangay Rules); or
[b] that no personal confrontation took place before the Pangkat
through no fault of the complainant (Sec. 4[f], Rule III, Katarungang
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pambarangay

Rules).

[3] Issued by the Punong Barangay as requested by the proper party on the
ground of failure of settlement where the dispute involves members of the
same indigenous cultural community, which shall be settled in accordance
with the customs and traditions of that particular cultural community, or
where one or more of the parties to the aforesaid dispute belong to the
minority and the parties mutually agreed to submit their dispute to the
indigenous system of amicable settlement, and there has been no
settlement as certified by the datu or tribal leader or elder to the Punong
Barangay of place of settlement (Secs. 1,4 & 5, Rule IX, Katarungang
Pambarangay Rules); and
[4] If mediation or conciliation efforts before the Punong Barangay proved
unsuccessful, there having been no agreement to arbitrate (Sec. 410 [b],
Revised Katarungang Pambarangay Law; Sec. 1, c. (1), Rule III,
Katarungang Pambarangay Rules), or where the respondent fails to appear
at the mediation proceeding before the Punong Barangay (3rd par. Sec. 8,
a, Rule VI, Katarungang Pambarangay Rules), the Punong Barangay shall
not cause the issuance at this stage of a certification to file action, because
it is now mandatory for him to constitute the Pangkat before whom
mediation, conciliation, or arbitration proceedings shall be held.cralaw
III. All complaints and/or informations filed or raffled to your sala/branch of the Regional
Trial Court shall be carefully read and scrutinized to determine if there has been
compliance with prior Barangay conciliation procedure under the Revised Katarungang
Pambarangay Law and its Implementing Rules and Regulations as a pre-condition to
judicial action, particularly whether the certification to file action attached to the records of
the case comply with the requirements hereinabove enumerated in Par. II;
IV. A case filed in court without compliance with prior Barangay conciliation which is a
pre-condition for formal adjudication (Sec. 412 [a] of the Revised Katarungang
Pambarangay Law) may be dismissed upon motion of defendant/s, not for lack of
jurisdiction of the court but for failure to state a cause of action or prematurity (Royales
vs. IAC, 127 SCRA 470; Gonzales vs. CA, 151 SCRA 289), or the court may suspend
proceedings upon petition of any party under Sec. 1, Rule 21 of the Rules of Court; and
refer the case motu proprio to the appropriate Barangay authority applying by analogy
Sec. 408 [g], 2nd par., of the Revised Katarungang Pambarangay Law which reads as
follows:chanrobles virtual law library
"The court in which non-criminal cases not falling within the authority of the
Lupon under this Code are filed may, at any time before trial, motu
proprio refer case to the Lupon concerned for amicable settlement.
Strict observance of these guidelines is enjoined. This Administrative Circular shall be
effective immediately.
Manila, Philippines; July 15, 1993.
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