Republic of the Philippines

MUNICIPAL CIRCUIT TRIAL COURT

12TH Judicial Region
PEOPLE OF THE PHILIPPINES,
Plaintiff.
-

versus

JOHN REESE,
Accused.
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MEMORANDUM
For the Plaintiff
The People, by the undersigned prosecutors, and unto this Honorable Court,
respectfully submits this Memorandum as follows:
I.

STATEMENT OF FACTS

During the course of the trial, the Prosecution, through its witnesses were able to
establish the following facts:
1. Plaintiff is Carl Elias, forty (40) years old, married and a resident of Barangay
Gordon, Gotham City while defendant is John Reese.
2. Last June 2013, John Reese was harvesting the coconuts at Brgy. Gordon,
Gotham City, his hire worker harvested the two coconut palm tree inside the
premises of plaintiffs house when it accidentally hit and damaged Carls
motorcycle. Thereafter, Osting paid the damages without any assistance from
John Reese.
3. Last December 20, 2013, 11:30 a.m., John Reese was harvesting on same
coconut plantation whom he is the tenant and he was about to harvest the
coconut which include the two coconut inside the plaintiffs house, Carl told
John Reeses hired worker Lionel to wit: TARONGA LANG NINYO UG
SAKA KAY BASIN UG NAAY MA DAMAGED SA BALAY OR KURAL
DILI RABA MUTABANG UG BAYAD ANG GASUGO UG PASAKA, then
Carl Elias went back inside his house, and about 11:30 in the morning, while
having a conversation with Charlie Burton, John Reese suddenly entered Carls
premises while holding a scythe. Thereafter, he was mocking Carl and uttered a
sarcastic words in visayan dialect to wit: ISOG KAAYO KA, PATYON JUD
TIKA, GULGULAN JUD TIKA UG LIOG then John approached and was
about to strike Carl using his scythe prompting Carl to jump away and headed
to in the dirty kitchen to depend and armed his self with a bolo.
4. Charlie Burton witnessed the incident and he was the one pacified the trouble
and took Carls bolo but when Carl was about to give it to Charlie, John Reese

charged causing Carl to ran and headed inside the house, which caused panic
inside the house where his wife and son were all crying because of the fear that
John Reese might entered the house and inflict harm to them.
II.

STATEMENT OF THE ISSUE

Whether or not the accused may be held liable for Grave Threats.
III.

ARGUMENTS AND DISCUSSIONS

The accused committed the crime of grave threats when he approached and was
about to strike Carl Elias using the scythe and threatened to kill him.
Under the Revised Penal Code, there are three kinds of threats: grave threats
(Article 282), light threats (Article 283) and other light threats (Article 285). These
provisions state:
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 he
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.
If the threat be made in writing or through a middleman, the penalty shall be
imposed in its maximum period.
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.
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. 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.
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.
3. Any person who shall orally threaten to do another any harm not constituting a
felony.

In grave threats, the wrong threatened amounts to a crime which may or may not
be accompanied by a condition. In light threats, the wrong threatened does not amount
to a crime but is always accompanied by a condition. In other light threats, the wrong
threatened does not amount to a crime and there is no condition.

The present case shows that about 11:30 in the morning, while having a
conversation with Charlie Burton, John Reese suddenly entered Carls premises while
holding a scythe. Thereafter, he was mocking Carl and uttered a sarcastic words in
visayan dialect to wit: ISOG KAAYO KA, PATYON JUD TIKA, GULGULAN JUD
TIKA UG LIOG then John approached and was about to strike Carl using his scythe
prompting Carl to jump away and headed to in the dirty kitchen to depend and armed his
self with a bolo
Hence, the act of the accused here holding the scythe indicates the threat to
commit a wrong that constitutes crime. Thus, the offense committed here falls under
Article 282, par. 2 (grave threats) since: (1) killing or shooting someone amounts to a
crime, and (2) the threat to kill was not subject to a condition.

IV.

PRAYER

WHEREFORE, Prosecution respectfully prays that a Decision be rendered

finding the accused John Reese guilty beyond reasonable doubt for the crime of GRAVE
THREATS.

MSU COLLEGE OF LAW (IIT EXTENSION)

LEGAL WRITING
(PROSECUTION)

Midterm Requirement

Submitted by:
Chezanie Chelle L. Punongbayan