G.R. No. 1941 : March 16, 1905
THE UNITED STATES, complainant-appellee, vs. TIBURCIO LAZARO, ET AL., defendants-appellants.

FACTS:
On January 23 and 24, 1904, in the town of Polo, Bulacan, defendants Tiburcio Lazaro and Fermin Pascual went to the house of Rufino San Diego to demand a loan of 20 pesos. When San Diego refused, Fermin Pascual displayed a revolver and threatened to denounce San Diego as its illegal owner if he did not give the money. Tiburcio Lazaro then aimed his revolver at San Diego’s breast and threatened to kill him if he did not comply. Intimidated, San Diego agreed to get the money and accompanied the defendants to another house. Their attempt to obtain the money was thwarted by the timely arrival of soldiers who came to arrest the defendants for a separate charge.

ISSUE:
Whether the defendants are guilty of the crime of grave threats under the Penal Code.

RULING:
Yes, the defendants are guilty as principals of the crime of grave threats. The court found the testimonies of the victim and witnesses credible, establishing that the defendants employed intimidation by threatening to kill and falsely denounce San Diego to extort money. The crime is defined and penalized under Article 494, No. 2, paragraph 1 of the Penal Code. Since the defendants did not succeed in obtaining the money, the penalty is two degrees lower than that for homicide. No aggravating or extenuating circumstances attended the commission of the crime. The Supreme Court affirmed the trial court’s judgment sentencing each defendant to prision correccional in its medium degree (two years, four months, and one day), with the corresponding accessory penalties under Article 61 of the Penal Code, and to pay the costs proportionately.