Article 286 of the Revised Penal Code: Grave coercions
Status: Amended
Amended
This provision has been amended. The text below is the current version.
- Amended by: Republic Act No. 7890 (Wording as amended by this law.)
- Amended by: Republic Act No. 10951 (Wording as amended by this law.)
What does Article 286 say?
The penalty of prision correccional and a fine not exceeding One hundred thousand pesos (P100,000) shall be imposed upon any person who without any authority of law shall, by means of violence, threats, or intimidation, prevent another from doing something not prohibited by law, or compel him to do something against his will, whether it be right or wrong.
If the coercion be committed in violation of the exercise of the right of suffrage, or for the purpose of compelling another to perform any religious act, or to prevent him from exercising such right or from so doing such act the penalty next higher in degree shall be imposed.
What does it mean in plain language?
Article 286 punishes a person who, without authority of law, uses violence, threats or intimidation to stop another from doing something the law allows, or to force him to do something against his will. The penalty is prision correccional and a fine of up to ₱100,000. It is heavier when the coercion concerns voting or a religious act.
The full text, as amended by Republic Act No. 10951:
The penalty of prision correccional and a fine not exceeding One hundred thousand pesos (P100,000) shall be imposed upon any person who without any authority of law shall, by means of violence, threats, or intimidation, prevent another from doing something not prohibited by law, or compel him to do something against his will, whether it be right or wrong.
If the coercion be committed in violation of the exercise of the right of suffrage, or for the purpose of compelling another to perform any religious act, or to prevent him from exercising such right or from so doing such act the penalty next higher in degree shall be imposed.
How does it work in real life?
Roger: blocking a gate
Roger, a neighbor with no court order, parks his truck across Lea's gate and threatens to hurt her if she tries to drive out. Lea is prevented from doing something not prohibited by law, by threats, without authority of law. This may be grave coercion.
Nonoy: forcing a signature
Nonoy grabs his cousin's arm and shouts that he will beat him unless he signs a paper giving up his share in a rice field. The cousin signs out of fear. Nonoy compelled him to do something against his will by violence and threats. This may be grave coercion.
Weng: a debt collector who takes a phone
A collector, Weng, snatches a borrower's phone by force and says she will keep it until the loan is paid. Seizing a debtor's property by violence to apply it to the debt is light coercion under Article 287, paragraph 1, not grave coercion.
What does this mean in practice?
- Barangay, police or prosecutor. Coercion complaints can be brought to the barangay, the police or the prosecutor. See do I need to go to the barangay first? and the barangay guides.
- Keep the evidence. Witnesses, videos and messages help show the violence, threats or intimidation used.
- Prescription. Crimes punishable by a correctional penalty such as prision correccional prescribe in ten years under Article 90.
- Related pages. Grave threats and unjust vexation.
- The court decides. Whether the facts show grave coercion, light coercion or another crime is decided by the prosecutor and the court on the evidence.
- For a question-and-answer guide, see grave coercion: when forcing someone becomes a crime.
What are the elements of grave coercion?
Read word by word, the first paragraph has these parts:
- An act is prevented or compelled. The offender stops another person from doing something not prohibited by law, or forces him to do something against his will.
- The means is violence, threats or intimidation. Force on the person, or fear created by threats.
- There is no authority of law. The offender had no legal right to act that way.
The article adds "whether it be right or wrong". So forcing someone to do something that is in itself proper, for example to pay a real debt, can still be grave coercion if it was done by violence or intimidation and without legal authority.
What is the penalty?
| Situation | Penalty |
|---|---|
| Grave coercion (first paragraph) | Prision correccional (6 months and 1 day to 6 years) and a fine not exceeding ₱100,000 |
| Coercion against the right of suffrage, or to compel or prevent a religious act (second paragraph) | The penalty next higher in degree |
Durations are from Articles 27 and 76. Under the graduated scale of Article 71, the penalty next higher than prision correccional is prision mayor. The ₱100,000 ceiling on the fine was set by Republic Act No. 10951 (2017).
How is grave coercion different from light coercion and unjust vexation?
Article 287 covers lighter forms:
- Light coercion (first paragraph). Seizing anything that belongs to a debtor, by means of violence, to apply it to the payment of the debt. The penalty is arresto mayor in its minimum period and a fine equal to the value of the thing, but not less than ₱15,000.
- Other coercions or unjust vexations (second paragraph). Arresto menor or a fine from ₱1,000 to ₱40,000, or both.
In Baleros v. People (2006), the Supreme Court described unjust vexation as any human conduct which, although not causing physical or material harm, "would unjustly annoy or irritate an innocent person". Unlike grave coercion, it does not need violence, threats or intimidation that prevent or compel an act.
Grave coercion is also different from robbery. If the offender uses violence or intimidation to take another person's property with intent to gain, the crime may be robbery under Article 293.
Frequently asked questions
What is grave coercion in the Philippines?
Under Article 286, grave coercion is committed by a person who, without authority of law and by means of violence, threats or intimidation, prevents another from doing something not prohibited by law, or compels him to do something against his will, whether it is right or wrong.
What is the penalty for grave coercion?
Prision correccional, which runs from 6 months and 1 day to 6 years, and a fine not exceeding ₱100,000, as amended by Republic Act No. 10951. The penalty is one degree higher if the coercion concerns the right of suffrage or a religious act.
What is the difference between grave coercion and light coercion?
Grave coercion under Article 286 uses violence, threats or intimidation to prevent or compel an act. Light coercion under Article 287 covers seizing a debtor's property by violence to pay the debt, and other coercions or unjust vexations, with lighter penalties.
Is it grave coercion if the act I was forced to do was right?
It can be. Article 286 punishes compelling another to do something against his will "whether it be right or wrong". What matters is the use of violence, threats or intimidation without authority of law.
Is a lawful arrest or court order grave coercion?
The article requires that the person act "without any authority of law". An act done with legal authority, such as enforcing a valid court order, does not fit that element. Whether the authority was valid is for the court to decide.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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