Other similar coercions, A288 Revised Penal Code
1. Concept
Other similar coercions – under the Revised Penal Code, refers to the crime of coercing or compelling laborers or employees to purchase of merchandise and/or receive payment of wages by means of tokens.
a. Legal basis
Art. 288. Other similar coercions; (Compulsory purchase of merchandise and payment of wages by means of tokens. – The penalty of arresto mayor or a fine ranging from Forty thousand pesos (P40,000) to One hundred thousand pesos (P100,000), or both, shall be imposed upon any person, agent or officer of any association or corporation who shall force or compel, directly or indirectly, or shall knowingly permit any laborer or employee employed by him or by such firm or corporation to be forced or compelled, to purchase merchandise or commodities of any kind.
The same penalties shall be imposed upon any person who shall pay the wages due a laborer or employee employed by him, by means of tokens or objects other than the legal tender currency of the Philippines, unless expressly requested by the laborer or employee. (As amended by R.A. 10951)
(Revised Penal Code)
b. Labor Code and R.A. 10951
ART. 102. Forms of Payment. – No employer shall pay the wages of an employee by means of promissory notes, vouchers, coupons, tokens, tickets, chits, or any object other than legal tender, even when expressly requested by the employee.
ART. 112. Non-Interference in Disposal of Wages. – No employer shall limit or otherwise interfere with the freedom of any employee to dispose of his wages. He shall not in any manner force, compel, or oblige his employees to purchase merchandise, commodities or other property from any other person, or otherwise make use of any store or services of such employer or any other person.
ART. 303. [288] Penalties. – Except as otherwise provided in this Code, or unless the acts complained of hinge on a question of interpretation or implementation of ambiguous provisions of an existing collective bargaining agreement, any violation of the provisions of this Code declared to be unlawful or penal in nature shall be punished with a fine of not less than One Thousand Pesos (P1,000.00) nor more than Ten Thousand Pesos (P10,000.00), or imprisonment of not less than three months nor more than three years, or both such fine and imprisonment at the discretion of the court. x x x
Any provision of law to the contrary notwithstanding, any criminal offense punished in this Code shall be under the concurrent jurisdiction of the Municipal or City Courts and the Courts of First Instance.
(Labor Code)
NB: Considering that they cover the same subject matter, Articles 102 and 112, in relation to Article 303, of the Labor Code, which took effect in 1972, appears to have superseded Article 288 of the Revised Penal Code, which was enacted in 1930. However, R.A. 10951, which was approved in 2017, amended Article 288 of the Revised Penal Code by increasing the penalty. Since R.A. 10951 is the latest legislation, it would appear that Article 288 of the Revised Penal Code is still in effect.
2. Modes of commission
The following are the modes of committing the offense:
1) Coercing purchase of employer’s merchandise; and
2) Coercing receipt of wage payments via tokens.
a. Mode 1: Coercion to purchase employer’s merchandise
Elements of the crime of coercing purchase of employer’s merchandise:
1) That the offender is an employer; and
2) That the offender forces or compels, directly or indirectly, or knowingly permits any laborer or employee employed by him or by such firm or corporation to be forced or compelled, to purchase merchandise or commodities of any kind. (REVISED PENAL CODE, Article 288)
1) Element 1: Employer
For the 1st element, the offender is an employer.
NB: The offender may only be an employer.
2) Element 2: Forced or coerced to purchase employer’s merchandise
For the 2nd element, the offender either:
1) Forces or compels, directly or indirectly; or
2) Knowingly permits any laborer or employee employed by him or by such firm or corporation
— to be forced or compelled, to purchase merchandise or commodities of any kind.
NB: The fact that the offender knowingly permits is sufficient to be held criminally liable.
b. Mode 2: Coercion to receive wage payments via tokens
Elements of the crime of coercing receipt of wage payments via tokens:
1) That the offender is an employer; and
2) That the offender pays the wages due a laborer or employee employed by him, by means of tokens or objects other than the legal tender currency of the Philippines (As amended by R.A. 10951) (REVISED PENAL CODE, Article 288)
1) Element 1: Employer
For the 1st element, the offender is an employer.
NB: The offender should be an employer.
2) Element 2: Coercion
For the 2nd element, the offender pays the wages due a laborer or employee employed by him, by means of tokens or objects other than the legal tender currency of the Philippines.
Tokens includes “objects other than the legal tender currency of the Philippines.”
Per labor laws, employers are required to pay their laborers or employees in legal tender, i.e., Philippine currency/money.
For this offense, the employer coerces the laborers or employees to receive wage payments in the form of tokens or objects other than the legal tender currency of the Philippines. For example, promissory notes, vouchers, coupons, tokens, tickets, chits, or any object other than legal tender. (See LABOR CODE, Article 102)
a) Defense
Under Article 288 of the Revised Penal Code, expressly request by the laborer or employee to be paid other than legal tender or currency is a defense.
Labor Code
However, under Article 102 in relation to 303 of the Labor Code, such express request is not considered as a defense.
References
• Title IX – Crimes Against Personal Liberty and Security, Act No. 3815, Revised Penal Code, as amended
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/Updated: November 22, 2023
