Republic of the Philippines

MUNICIPAL CIRCUIT TRIAL COURT

Cagayan de Oro CIty

THE PEOPLE OF THE PHILIPPINES,

Plaintiff,

-Versus – CRIM. CASE NO. 246810

For: GRAVE THREATS

JOHN DONATO,
Defendant.

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MEMORANDUM FOR THE DEFENSE

Accused John Donato, through the undersigned counsel and unto this
Honorable Court, most respectfully submits that:

STATEMENT OF THE FACTS

In order that the Court may be enlightened with the factual predicate and
be guided in the disposition of the case, cited hereunder are the relevant details.

1. John Donato is a tenant of a coconut farm located at Brgy. Macasandig,

Cagayan de Oro City, owned and registered in the name of Belington
Enterprises. One of his duties is to harvest coconuts from the trees
within the parcel. He would be assisted by his hired coconut tree
climber, Lionelo Fresco.

2. Carlo Magno, the private complainant, is Donato’s nephew. He lives

within the tenanted parcel of land. His area included two (2) enclosed
coconut trees.

3. Sometime on June 2017, Fresco was harvesting coconuts from one of the
trees located near Magno’s house when coconuts accidentally fell down
towards Magno’s motorcycle, parked under the coconut tree, thereby
breaking its headlight assembly. Consequently, Magno filed a complaint
against Fresco with the Barangay Lupon. A compromise agreement was
reached by the parties.
 4. However, Fresco failed to pay the outstanding balance and Donato did
not satisfy the same. Magno got mad. He then prevented Donato from
harvesting coconuts from the trees situated near his residential area.

5. Harvest time came again on December 20, 2017. Donato was gathering
and grouping the reaped coconuts using his scythe while Fresco was then
climbing a coconut tree enclosed within the fence of Magno, when
Magno remarked, “Tarunga ug saka ha kay ug nay ma-damaged kulang ra
ibayad imo sinakaan kay ang nagpasaka dili ra ba mobayad.” This means
that Magno addresses Fresco to climb properly because if anything gets
damaged, the proceeds will not be enough to pay for the damages since
the one who hired him will not pay.

6. After hearing the statement, Donato responded, “Isoga nimo oy!” (You
are very brave!). Thereafter, Magno emerged from his house carrying a
sharp bolo, hurriedly approaching to slash Donato. Fortunately, Magno
was pacified by his friend, named Charlie Bentong, and his wife. Bentong
got hold of the bolo from the hands of Magno. The latter stepped back,
picked a stone, and threw it towards where Donato was. Luckily, Donato
evaded it and was not hit.

7. Magno ran towards his house. Bentong advised Donato to get out from
the premises as Magno was then about to get his .45 caliber pistol.
Donato was about to head out when he saw Magno pointing a gun at him
while stating, “sulod ug balik kay buk-an tikag ulo!” (“Come here again for
I will break your head!”). Donato ignored him and headed home. He
secured a police blotter.

8. Harold Fer, Donato’s friend, witnessed the incident. He was supposed to

purchase young coconut or “butong”; but he went back on his way to
avoid getting involved or injured.

9. According to Fer, he was within the vicinity when Magno approached

and harassed Donato while carrying a sharp bolo. He was also present
when Magno casted a stone upon Donato.

STATEMENT OF THE ISSUE

Did the accused threaten to kill the private complainant to warrant a charge
of grave threat against the former?
 ARGUMENTS

Article 282 of the Revised Penal Code provides that “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 such penalty
as imposed in the same provision against persons found guilty of the crime of
grave threat.

According to the law and jurisprudence, the following are acts which are
punishable as grave threats:

1. By threatening another with the infliction upon his person, honor or

property or that of his family any wrong amounting to a crime and
demanding money or imposing any other condition, even though not
unlawful, and the offender attained his purpose.

2. By making such threat without the offender attaining his purpose.

3. By threatening another with the infliction upon his person, honor or

property or that of his family of any wrong amounting to a crime, the
threat not being subject to condition.

The elements for the first form of grave threat are the following:

(1) That the offender threatens another person with the infliction upon
the latter’s person, honor or property, or upon that of the latter’s
family, of any wrong.
(2) That such wrong amounts to a crime.
(3) That there is a demand for money or that any other condition is
imposed, even though not unlawful.
(4) That the offender attains his purpose.

The elements of the third form of grave threat are the following:

(1) That the offender threatens another person with the infliction upon
the latter’s person, honor, or property, or upon that of the latter’s
family, of any wrong.
(2) That such wrong amounts to a crime.
(3) That the threat is not subject to a condition.

From the above-mentioned facts, it is clear that none of the three (3)
distinct acts that constitute grave threat are attendant to the circumstances. The
accused, John Donato, did not threaten to inflict injury against the private
complainant, Carlo Magno, when the former only answered, “Isoga nimo oy!”
(You are very brave!) to the latter’s prior statement. The words are not even
provocative enough for the private complainant to get a sharp bolo and cause
danger upon the accused.

The scythe that was alleged by the private complainant to have been used to
threaten him was only used by the accused to gather and group the harvested
coconuts and not for any other harmful purpose.

A careful perusal of the elements will only confirm the innocence of the
accused from the crime charged. Not even a single element is present in the case
at hand.

The accusation is baseless as the essential component of intimidation for the

crime of threats is absent.

If there is one person who is to be rightfully charged with grave threats, he

should be the private complainant. In fact, a Resolution has already been issued
by the Associate Prosecutor II, duly approved by the OIC, finding probable cause,
with a recommendation that an Information of Grave Threats be separately filed
in Court against the private complainant.

PRAYER

WHEREFORE, premises considered, it is respectfully prayed for that the

charge of grave threat against the accused be DISMISSED for lack of merit.

Other just and equitable relief under the circumstances is likewise prayed
for.

Respectfully submitted.
Cagayan de Oro City, Philippines, February 22, 2018

SHIERYL T. SOLATORIO
Counsel for Defendant
th
5 Floor, Montano Sanchez Building,
Corrales St., Cagayan de Oro City