1. Concept and 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 (₱40,000) to One hundred thousand pesos (₱100,000), 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. (Act 3815, Revised Penal Code, as amended by R.A. 10951) |
2. Elements of the offense
a. 1st Mode
Elements of the offense:
1) The offender is an agent or officer of any association or corporation; and,
2) He forces or compels, directly or indirectly, or 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. (Article 288, Act No. 3815, Revised Penal Code)
b. 2nd Mode
Elements of the offense:
1) The offender pays the wages due a laborer or employee employed by him; and,
2) It is by means of tokens or objects other than the legal tender currency of the Philippine Islands, unless expressly requested by the laborer or employee. (Ibid.)
References
⦁ Title 9 – Crimes Against Personal Liberty, Book 2, Revised Penal Code
/Updated: January 18, 2023
