G.R. No. 1941. March 16, 1905

In a complaint dated February 13, 1904, the provincial fiscal of
Bulacan Province charged Tiburcio Lazaro and Fermin Pascual with the
crime of grave threats. The complaint stated that these defendants on
or about January 3 of said year, in the town of Polo, in said province,
did willfully and criminally threaten to take the life of Rufino San
Diego, aiming at him a revolver, and that they would denounce him as
being in illegal possession of said revolver if he did not lend them 20
pesos; all contrary to law.

The court below, after the trial was had and the evidence adduced in
the case, sentenced’ the defendants to two years four months and one
day of prision correccional and to pay the costs. From this judgment the depend ants appealed.

From the evidence adduced in the case it appears that on Saturday,
the 23d day of January, 1904, the defendants went to the house of
Rufino San Diego at about 1 o’clock in the afternoon and asked a loan
from him of the sum of 20 pesos that as Rufino told them he did not
have that sum the defendants left; that on the next day at about 9
o’clock in the morning the defendants, Lazaro and Pascual, went to the
house of Rufino again and demanded of him said sum of 20 pesos, and
that when the injured party gave them a negative answer Fermin Pascual
displayed the revolver to Rufino and told him that if he, San Diego,
did not give him that sum they would say that the revolver was his;
that at this time Tiburcio Lazaro also took out his revolver and,aimed
it at the breast of Rufino and threatened to kill him if he did not
give him what they asked; that the injured party told defendants he
would go for the amount they demanded; that he came down from his
house, accompanied by the defendants, and went to the house of Diego
San Diego, his cousin, to ask him for the sum of money the defendants
wanted; that as Diego San Diego was not at home they waited for him
until five soldiers of the Scouts arrived to apprehend the defendants
for another charge against them.

By this facts it is clearly proven that the crime of grave threats
was committed. The defendants threatened to kill Rufino San Diego if he
did not give them the money they wanted. One of them aimed his revolver
at him and the other threatened that they would denounce him as the
owner of said revolver which defendant had if he did not give them said
sum. The defendants did not succeed in getting the money from the
injured party, in spite of the efforts the defendants made to obtain it
by means of intimidation, because of the timely and casual intervention
of some Scouts who arrived at the house where they were found for the
purpose of arresting the defendants under another charge against them.

The crime of threats as committed is provided for and punished by
article 494, part 2 of paragraph 1 of the Penal Code. The defendants
did not succeed in getting what they demanded, and therefore the proper
penalty which they have incurred is two degrees lower than that of
homicide. The liability of two defendants Tiburcio Lazaro and Fermin
Pascual, as principals in the commission of the crime for which they
are now prosecuted is evident. Two competent witnesses affirm to have
witnessed the execution of the crime in the precise manner testified to
by the injured party. Another witness corroborates their testimony.
Therefore the liability of the defendants can not be denied.

In the commission of the crime there were present no aggravating or
extenuating circumstances, and therefore the judgment below imposed on
the defendants, to wit, the penalty of prisidio correccional in its medium degree, should be affirmed.

By virtue, then, of the reasons above stated and of those stated in
the judgment below, the same is affirmed, with the costs in this
instate to be paid by the defendants, one-half each, it being
understood that they are also sentenced to the accessory penalties
provided for in article 61 of the Penal Code. This case to be returned
to the court below with a certified copy of this decision and of the
judgment to be rendered in accordance herewith. So ordered.

Arellano, C.J., Mapa, Johnson, and Carson, JJ., concur.