Authority, legal basis, and relationship
- Republic Act No. 7890 is a legislative act amending provisions of the Revised Penal Code under Act No. 3815.
- Section 1 amends Article 286 (Grave Coercions) of Act No. 3815.
- Section 2 repeals specified provisions of Batas Pambansa Blg. 881 by name and paragraph.
- Section 3 repeals all election laws, decrees, executive orders, rules and regulations, or parts thereof inconsistent with Republic Act No. 7890.
Policy and purpose
- Republic Act No. 7890 provides for a revised criminalization and penalty framework for grave coercions carried out through violence, threats, or intimidation.
Amended crime: Grave coercions
- Article 286 (as amended by Section 1) imposes prision correccional and a fine not exceeding Six thousand pesos for coercion done without any authority of law.
- The offense applies when a person, by means of violence, threats or intimidation, prevents another from doing something not prohibited by law.
- The offense also applies when a person, by means of violence, threats or intimidation, compels another to do something against his will, whether the compelled act is right or wrong.
- Article 286 increases criminal liability when the coercion is 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.
- Article 286 mandates that when the qualifying purposes occur, the penalty next higher in degree is imposed.
Repealed election-law provisions
- Section 2 repeals Section 261, Paragraphs (d)(1) and (2), Article XXII of Batas Pambansa Blg. 881.
Repeal of inconsistent issuances
- Section 3 repeals all other election laws, decrees, executive orders, rules and regulations, or parts thereof that are inconsistent with Republic Act No. 7890.
Severability
- Section 4 provides that if any section or provision of Republic Act No. 7890, or any portion thereof, is declared invalid or unconstitutional as applied to any person, group, or circumstance, the remainder of Republic Act No. 7890 or its application to other persons, groups, or circumstances shall not be affected.