102070, July 23, 1992, 211 SCRA 770, 779. Thus, respondents succeeded in implementing the demolition while petitioners watched helplessly as their building was torn down. 659 [1960], the accused, after having pleaded guilty and convicted of the crime of rebellion, faced an independent prosecution for illegal possession of firearms. Bolbes claimed to have purchased the property subject of this controversy from the Home Insurance and Guaranty Corporation (HIGC) for P554,400.00 payable in installments as evidenced by the Contract to Sell dated February 28, 2002. Byarresto mayorin its medium and maximum periods, if the value of the damage used exceeds Two hundred thousand pesos (P200,000); "2. We quote with approval the CA ratiocination in this wise: It was also incorrect for petitioners to claim that the dismissal was on mere technicality, and that the Department of Justice no longer studied the appeal on the merits. 1829 notwithstanding the rebellion case filed against the petitioner on the theory that the former involves a special law while the latter is based on the Revised Penal Code or a general law. at 85-90; penned by Judge Aida Estrella Macapagal. ** Designated as an additional member in lieu of Associate Justice Presbitero J. Velasco, Jr., per Raffle dated August 31, 2011. THE FINDINGS OF THE HONORABLE COURT OF APPEALS ARE MERE CONCLUSIONS THAT ARE PATENTLY CONTRARY TO THE EVIDENCE ON RECORD. 41 G.R. (People v. Hernandez, supra, p. 541). In the light of the Hernandez doctrine the prosecution's theory must fail. 287. CA GRNo. On February 20, 1995, Congress enacted Republic Act No. They unlawfully took the law into their own hands when they surreptitiously entered Bolbes's enclosed lot and destroyed its fence and foundation. The Hernandez and other related cases mention common crimes as absorbed in the crime of rebellion. MARIE LOURDES SIA-BERNAS, FERNANDO AMOR, EDUARDO AGUILAR, JOHN DOE and PETER DOE, Respondents. 39 Sy v. Secretary of Justice, G.R. 551 [1958]; People v. Rodriguez, 107 Phil. No. 166315, December 14, 2006, 511 SCRA 92, 96; Navarra v. Office of the Ombudsman, G.R. "11, As to the crime of Other Forms of Trespass, the RTC, likewise, found on appeal that all the elements constituting the said crime attendant. CR No. In October, 1997, the [petitioners] received a letter from the Office of the Building Official informing them that respondent Leon Maria F. Magsaysay had requested for the condemnation of certain structures, including the structure owned by [petitioners]. 176291, December 4, 2009, 607 SCRA 355, 363. Precisely, there is a trial for the reception of evidence of the prosecution in support of the charge. The alleged harboring or concealing by Sen. Enrile of Col. Honasan in a supposed meeting on 1 December 1989 is absorbed in, or is a component element of, the "complexed" rebellion presently charged against Sen. Enrile as alleged co-conspirator of Col. Honasan on the basis of the same meeting on 1 December 1989; III. Thus, the rulings of the Court in Hernandez, Geronimo and Rodriguez find no application in this case. (People v. Almasan [CA] O.G. The case was docketed as I.S. 90-777 is QUASHED. They also claimed that nowhere in petitioners complaint was it alleged that respondents employed violence which is an essential element of grave coercion. No. The orderly administration of Justice requires that there be only one prosecution for all the component acts of rebellion; IV. The petitioner is now facing charges of rebellion in conspiracy with the fugitive Col. Nos. Petitioners' motion for reconsideration was likewise denied hence this petition for review based on the following grounds:6. On the contrary, the Court found that it was done peacefully and that the guards were there not to intimidate them but to prevent any untoward or violent event from occurring in the exercise of the lessors right under the contract. It was never alleged that the acts were effected by violence, threat or intimidation. Aggrieved, the four accused in Crim. Case No. WHEREFORE, premises considered, the petition is DENIED for lack of merit. Who are liable for malicious mischief. to kill, to burn or destroy property, to box or to inflict injuries 1. No. On May 20, 1990 we issued a temporary restraining order enjoining the respondents from conducting further proceedings in Criminal Case No. Grave Threats under Article 282 - the act threatened to be done is a crime e.g. We reach the same conclusion in this case. In view of the foregoing, the petitioner can not be tried separately under PD 1829 in addition to his being prosecuted in the rebellion case. 472, 484, 1904). Article 329 of the same Act, as amended by Commonwealth Act No. No. No. The City Prosecutor of Manila is ORDERED to file an information for the offense of Grave Coercion under Article 286 of the Revised Penal Code against respondents Leon Maria F. Magsaysay and Emmanuel T. Lalin. 'To thus accord with the established doctrine of finality and bindingness of the trial court's findings of fact, [the Court shall] not disturb [the] findings of fact of the [MeTC/]RTC, particularly after their affirmance by the CA,' as petitioner[s were] not able to sufficiently establish any extraordinary circumstance which merits a departure from the said doctrine."19. The Enrile case gave this Court the occasion to reiterate the long standing proscription against splitting the component offenses of rebellion and subjecting them to separate prosecutions, a procedure reprobated in the Hernandez case. Grave coercion. IGNACIO M. CAPULONG, Presiding Judge of Regional Trial Court of Makati, Branch 134, Pairing Judge, SPECIAL COMPOSITE TEAM of: Senior State Prosecutor AURELIO TRAMPE, State Prosecutor . Respondent Civil Engineer Emmanuel T. La[l]in, for his part, also avers that the demolition was undertaken pursuant to a duly-issued demolition order and that he was only hired by respondent Leon Maria Magsaysay to implement the same.5. 98-87513 that they were not aware of the demolition and that respondent Lalin is not connected with their office. The Court of Appeals Decision dated May 23, 2007 and Resolution dated August 8, 2007 in CA-G.R. The dispositive portion of the MeTC Joint Decision reads: WHEREFORE, premises considered, judgment is hereby rendered: 1. G.R. On October 27, 2004, petitioners filed a criminal complaint 13 for grave coercion against respondents Bernas, Sia-Bernas, Amor, Aguilar, Peter Doe and John Doe with the Office of the City Prosecutor (OCP) of Pasig. Abbas (Firdausi), Carmina M. Alejandro-Abbas (Carmina) and Ma. Petitioners Teddy Grana and Teofilo Grana, as well as accused Gil Valdes and Olive Grana, are found GUILTY beyond reasonable doubt of the crime of Malicious Mischief under Article 327 and penalized under Article 329 of the Revised Penal Code, as amended. If Senator Ponce Enrile is not charged with rebellion and he harbored or concealed Colonel Honasan simply because the latter is a friend and former associate, the motive for the act is completely different. No. WHEREFORE, in view of the foregoing, the petition is GRANTED. The next question then is whether the CA correctly sustained the DOJs conclusion that there was no probable cause to indict respondents of grave coercion. at 60-67; penned by Judge Donato H. de Castro. Just as one can not be punished for possessing opium in a prosecution for smoking the Identical drug, and a robber cannot be held guilty of coercion or trespass to a dwelling in a prosecution for robbery, because possession of opium and force and trespass are inherent in smoking and in robbery respectively, so may not a defendant be made liable for murder as a separate crime or in conjunction with another offense where, as in this case, it is averred as a constitutive ingredient of treason. 7890] AN ACT AMENDING ARTICLE 286, SECTION THREE, CHAPTER TWO, TITLE NINE OF ACT NO. Grave coercion is a criminal offense in the Philippines punishable under Article286 of the Revised Penal Code. Its very nature partakes of a deed or physical activity as opposed to a mental operation. And because of such failure the petitioner prevented Col. Honasan's arrest and conviction in violation of Section 1 (c) of PD No. Elena) to be used as a law office.4 However, a defect in the air-conditioning unit prompted petitioners to suspend payments until the problem is fixed by the management.5 Instead of addressing the defect, OPI instituted an action for ejectment before the Metropolitan Trial Court (MeTC) of Pasig City,6 against Alejandro for the latters failure to pay rentals. The City Prosecutor of Manila dismissed the complaint for grave coercion for lack of merit. (People v. Geronimo, 100 Phil. 36-48. There is intimidation when one of the parties is compelled by a reasonable and well-grounded fear of an imminent and grave evil upon his person or property, or upon the person or property of his spouse, descendants or ascendants, to give his consent. It is defined as the use of violence, force, or intimidation to compel another person to do something against his or her will. Byarresto menoror a fine of not less than the value of the damage caused and not more than Forty thousand pesos (P40,000), if the amount involved does not exceed Forty thousand pesos (P40,000) or cannot be estimated." (Annex A, Rollo, p. 65; Emphasis supplied). 90 [1956]; People v. Santos, 104 Phil. WHETHER OR NOT GRAVE COERCION CAN BE COMMITTED THROUGH INTIMIDATION ALONE WITHOUT VIOLENCE.28, Petitioners claim that there is sufficient evidence on record to prove the fact of padlocking and cutting off of facilities thereat.29 They insist that the allegations and evidence presented in the Joint Affidavit-Complaint are sufficient to sustain a finding of probable cause for grave coercion irrespective of any defense that may be put up by respondents.30 Finally, petitioners maintain that although violence was not present during the commission of the acts complained of, there was sufficient intimidation by the mere presence of the security guards.31. The decision was embodied in an Omnibus Order dated June 27, 2007; rollo, pp. 1829; V. No preliminary investigation was conducted for alleged violation of Presidential Decree No. (People v. Hernandez, supra, at p. 528). Republic of the PhilippinesSUPREME COURTManila, G.R. As Justice McDonough opined rebellion is treason of less magnitude (U.S. v. Lagnoasan, 3 Phil. 148468 in the name of HIGC, breakdown of installment payments, Tax Declaration No. Republic of the PhilippinesSUPREME COURTManila. WHEREFORE, the Petition for Review onCertiorariisDENIED. 1829. MARTIN S. VILLARAMA, JR.***Associate Justice. No. ELENA GO FRANCISCO, Petitioners, Intimidated by respondents and their demolition team, complainants were prevented from peacefully occupying their residence and were compelled to leave against their will. 1 Penned by Associate Justice Andres B. Reyes, Jr., with Associate Justices Jose Catral Mendoza (now a member of this Court) and Ramon M. Bato, Jr., concurring; rollo, pp. In their Reply,33 petitioners assail the propriety of the dismissal of their appeal before the DOJ Secretary on technicality. Laging tatandaan. [The MeTC/RTC] 'had the opportunity to observe the witnesses on the stand and detect if they were telling the truth.' It ruled that petitioner's claim of ownership over the said property as evidenced by the receipt dated July 31, 1994, which did not even mention the transaction and the subject matter thereof cannot prevail over that of Bolbes's who was able to present more credible pieces of documentary evidence, such as: Contract to Sell dated February 28, 2002 between complainant and HIGC, Transfer Certificate of Title No. [4] It increased the penalty for coercion committed in violation of a person's right to suffrage to prision mayor. As it is, to the mind of the court, accused did the act complained of not for the purpose of protecting his right as the alleged owner of the subject property but to give vent to their anger and disgust over private complainant's alleged act of putting the fence and cement thereon without their consent. The two other accused, Gil and Olive, did not appeal their case. Be it enacted by the Senate and House of Representatives of the . No. Petitioners admitted in their "kontra salaysay" that Teofilo deliberately destroyed the fence and its cement foundation, and made diggings in the subject property; 2. 37239. EMMANUEL LALIN, respondents. ABBAS, CARMINA A. ABBAS and MA. On May 10, 1990, the respondent court issued an order denying the motion for reconsideration for alleged lack of merit and setting Senator Enrile's arraignment to May 30, 1990. 1Rollo, pp. 154239-41, February 16, 2005, 451 SCRA 533, 550. Undaunted, petitioners elevated the matter to the CA that rendered the assailed decision25 on May 23, 2007. No. Aggrieved, petitioners appealed to the Secretary of the Department of Justice (DOJ) but the appeal was dismissed22 for their failure to comply with Section 12, paragraph (b) of Department Circular No. It is merely based on opinion and reasonable belief. Gutierrez, 473 Phil 758, 780 (2004); Baltazar v. People, supra note 50, at 292-293. 3815, as amended, is hereby further amended to read as follows: "Art. However, the same conclusion was reached, which was the dismissal of the appeal. 1829.". In the saidSinumpaang Salaysay, Bolbes declared that on July 6, 2003, petitioner Teddy and accused Gil and Ricky, upon the order of Teofilo and Olive and without Bolbes's consent, entered the subject property by destroying the iron fence, removing the cement foundation and made diggings until it reached a portion of the foundation of his apartment, thus, exposing his apartment to danger of being destroyed in case of heavy rains. Other mischiefs. Alejandro, for his part, interposed the defense of justified suspension of payments.7. The records clearly show that the demolition was conducted on August 28, 1998. 03-2757, only against Teddy, Gil and Ricky. JOSEPH ANTHONY M. ALEJANDRO, FIRDAUSI I.Y. In People v. Elias Rodriguez, 107 Phil. The case was referred to the Philippine Mediation Office, but the parties failed to amicably settle their differences.7, The evidence for the prosecution shows that complainant Bolbes and the five accused were neighbors at Bernabe Subdivision, Paraaque City. Considering that all the elements of the crime of Malicious Mischief are present in this case, petitioners were properly adjudged guilty thereof. THE HONORABLE COURT OF APPEALS HAS DECIDED QUESTIONS OF SUBSTANCE WITHOUT DELVING INTO THE RECORDS OF THE CASE, THUS WITHOUT FACTUAL AND LEGAL BASIS. In this case, the act of harboring or concealing Col. Honasan is clearly a mere component or ingredient of rebellion or an act done in furtherance of the rebellion. On March 16, 1990, respondent Judge Ignacio Capulong, as pairing judge of respondent Judge Omar Amin, denied Senator Enrile's Omnibus motion on the basis of a finding that "there (was) probable cause to hold the accused Juan Ponce Enrile liable for violation of PD No. per se. In his motion to quash the information, the petitioner based his arguments on the Hernandez and Geronimo rulings on the doctrine of absorption of common in rebellion. Intense fear produced in the mind of the victim which restricts or hinders the exercise of the will is sufficient.45. On August 17, 2004, the MeTC rendered a Decision10 in the ejectment case in favor of Alejandro and against OPI. This appeal by certiorari 1 seeks to reverse and set aside the June 15, 2016 Decision 2 and August 12, 2016 Resolution 3 of the Court of Appeals (CA) in CA-G.R. It should be noted that there is in fact a separate prosecution for rebellion already filed with the Regional Trial Court of Quezon City. Knowing that Colonel Honasan is a fugitive from justice, Sen. Enrile allegedly did not do anything to have Honasan arrested or apprehended. They also denied conspiring with respondent Magsaysay in effecting the demolition. In the morning of August 28, 1998, respondent Emmanuel T. Lalin, together with several men with hammers, ropes, axes and crowbars, arrived at the complainants' residence and over their protests, demolished the building which served as their family residence and sari-sari store. No. The decision was, however, reversed and set aside by the Regional Trial Court11 whose decision was in turn affirmed12 by the CA. 1829. 55 Sy vs. Secretary of Justice, supra note 39, at 99. There is no probable cause to hold Sen. Enrile for trial for alleged violation of Presidential Decree No. The conversation and, therefore, alleged conspiring of Senator Ponce Enrile with Colonel Honasan is too intimately tied up with his allegedly harboring and concealing Honasan for practically the same act to form two separate crimes of rebellion and violation of PD No. Case No. The problem, however, lies on the second element. vs. 3815, AS AMENDED, OTHERWISE KNOWN AS THE REVISED PENAL CODE. 2727 dated October 25, 2019. x x x20. Petitioners filed a petition for certiorari before the Court of Appeals which denied the petition for lack of merit. Petitioners belatedly alleged that they were intimidated by the presence of security guards during the questioned incident. In fact, in concluding that the place was uninhabited, the RTC merely used assumptions, i.e., petitioners' contention that the subject property is inhabited is belied by their own admission that they and private complainant are inhabiting the immediate environs; and there is nowhere in their pleadings a statement that the subject property was being occupied[/inhabited] at the time of the incident. In Sy, the respondents therein, together with several men armed with hammers, ropes, axes, crowbars and other tools arrived at the complainants residence and ordered them to vacate the building because they were going to demolish it. Discontented, petitioner interposed an appeal before the CA which was partly granted. : 1. If the coercion be committed for the purpose of compelling another to perform any religious act . Begun and held in Metro Manila, on Monday, the twenty-fifth. SP No. No. 37 Ladlad v. Velasco, G.R. Lt. Col. Gregorio "Gringo" Honasan by harboring or concealing him in his house. 327.Who are liable for malicious mischief.whi - Any person who shall deliberately cause to the property of another any damage not falling within the terms of the next preceding chapter, shall be guilty of malicious mischief. 49 Id. Those punishable by death, reclusion perpetua, reclusion temporal - 20 years 2. On October 27, 2004, petitioners filed a criminal complaint13 for grave coercion against respondents Bernas, Sia-Bernas, Amor, Aguilar, Peter Doe and John Doe with the Office of the City Prosecutor (OCP) of Pasig. Precisely, there is a trial for the reception of evidence of the prosecution in support of the charge.42. Teofilo testified that he bought the property subject of the controversy from Clarito Baldeo, who in turn, purchased it from one Alexandra Bernabe, as evidenced by a contract of lease with option to purchase. Historically, the use of coercion by powerful actors has been of great concern to philosophers and legal theorists. No. No. 163593, December 16, 2005, 478 SCRA 387, 410. Probable cause, for purposes of filing a criminal information, has been defined as such facts as are sufficient to engender a well-founded belief that a crime has been committed and that respondent is probably guilty thereof.7 In Villanueva v. Secretary of Justice,8 we held: It is such a state of facts in the mind of the prosecutor as would lead a person of ordinary caution and prudence to believe or entertain an honest or strong suspicion that a thing is so. 295. Assumptions are not proof, especially where, in this case, such assumptions are non-sequitur. Consequently, pursuant to Article 329 of the RPC, as amended by R.A. 10951, petitioners' original sentence of a straight penalty of imprisonment of four (4) months should be reduced toarresto menoror imprisonment of one (1) day to thirty (30) days. In acquitting Teddy and Gil of the crime of Other Forms of Trespass, the CA found that one of the elements of the said crime, that is, "the entrance is made while either of them is uninhabited"13was not established. On October 15, 2000, Alejandro sub-leased the Unit to the other petitioners Firdausi I.Y. Penned by Associate Justice Eugenio S. Labitoria and concurred in by Associate Justices Jose L. Sabio, Jr. and Hakim S. Abdulwahid. No. Case No. *** Designated as an additional member in lieu of Associate Justice Maria Lourdes P. A. Sereno, per Special Order No. Even, I still gets confused sometimes. 38 First Womens Credit Corporation v. Baybay, supra note 36, at 644-645. With this ruling, there is no need for the Court to pass upon the other issues raised by the petitioner. 18 Andres v. Cuevas, G.R. 3 Id. Grave coercion is a serious crime because it deprives a person of his or her freedom to choose and act freely. 70. A. Respondent Magsaysay claimed that the demolition was carried out by the Office of the Building Official, which is tasked to implement the National Building Code.11 We note, however, that respondent Lalin admitted in his Counter-Affidavit that he was hired by Magsaysay to implement the Demolition Order.12 The building officials made manifestations before the trial court in Civil Case No. Grave Coercion. 125-128. 13 Embodied in a Joint Affidavit-Complaint, records, pp. The trial court thereafter ruled in favor of Dolores F. Posadas. *Designated additional member per Special Order No. 172070-72, June 1, 2007, ___ SCRA ___. The Lawphil Project - Arellano Law Foundation. 179243 September 7, 2011. On whether or not there was probable cause for the crime of grave coercion, the CA answered in the negative. In this video, I explain the difference between Grave Coercion and Grave Threats. [REPUBLIC ACT NO. 3 thereof, which for ready reference, is herein below quoted, thus: "na kami ay di maaring makasuhan ng nasabing reklamo sa mga dahilang naisaad na at sa dahilang ang aming ginawa ay hindi bilang paghihiganti, pagkapoot o may motibong masama na sinadyang ginawa upang sirain lamang ang mga nasabing bagay. 12 The case was docketed as CA-G.R. The case was docketed as Civil Case No. Perlas-Bernabe, (Chairperson), Inting, andZalameda,*JJ., concur. In another Order dated September 10, 1998,15 the Office of the Building Official declared that the demolition was hastily done and in contravention of the terms and conditions of the Demolition Order.16, Indeed, while respondents claim to have acted under authority of law in compelling petitioners to vacate the subject property and effecting the demolition, the documentary evidence show otherwise. Let the cases against the accused Ricky Dimaganti be sent to the archives and an Alias Warrant of Arrest be issued against him for his apprehension. The padlocking was allegedly executed by Amor, as Property Manager and respondent Eduardo Aguilar (Aguilar) as head of the security unit, together with security officers John Doe and Peter Doe. 34194, partially reversing the May 16, 2011 Decision3of the Regional Trial Court (RTC), Branch 195, Paraaque City, in Criminal Case Nos. In x x x Criminal Case No. Hence, petitioners appealed to the Secretary of Justice but same was denied, finding that the demolition was carried out pursuant to a duly issued demolition order. He further avers that the demolition of the [petitioners'] structure was based on the lawful order of the City Building Official of Manila and affirmed by the DPWH. The Lawphil Project - Arellano Law Foundation. They added that petitioners in fact gained access to the Unit by forcibly destroying the padlock.18. Coercion Category: Book 2- Crimes and Penalties I. 11 Branch 268, Pasig City. The May 17, 2004 Decision of the Court of Appeals in CA-G.R. He denied the motion after a careful re-evaluation of the record of the case vis--vis the issues and arguments raised by petitioners. The DOJ Secretary, acting through Undersecretary Ernesto L. Pineda, explained that petitioners failed to submit a legible true copy of the joint counter-affidavit of some of the respondents. The second information reads: That on or about the 1st day of December 1989, at Dasmarias Village, Makati, Metro Manila and within the jurisdiction of this Honorable Court, the above-named accused, having reasonable ground to believe or suspect that Ex-Col. Gregorio "Gringo" Honasan has committed a crime, did then and there unlawfully, feloniously, willfully and knowingly obstruct, impede, frustrate or delay the apprehension of said Ex. 03-2756 finding the accused Teddy Grana, Gil Valdes, Olive Grana and Teofilo Grana, GUILTY BEYOND REASONABLE DOUBT of the crime of Malicious Mischief and each is hereby sentenced to suffer the straight penalty of imprisonment of four (4) months and to pay the complainant P7,500.00 as Actual Damages, P10,000.00 as Attorney's fees plus P1,500.00 for each appearance in court, P1,000.00 as incidental expenses and the costs. No. Art. No. This argument is specious in rebellion cases. Several structures stand on the land including their post-war built building which has served as their family residence with a small sari-sari store. Marie Lourdes Sia-Bernas (Sia-Bernas), ordered that the Unit be padlocked. Petitioners Teddy and Teofilo raise the following assignment of errors,viz. PSG 04-10-13650. 48 G.R. In addition to the above defenses, Amor and Aguilar maintained that petitioners did not allege that the former actually prevented the latter to enter the Unit. 0054254, and the location sketch/drawing prepared by HIGC.12. The [petitioners] contend that the respondents' act of demolishing their building without any legal authority to do so is an act of grave coercion, punishable under Article 286 of the Revised Penal Code. It cannot complex the rebellion with murder and multiple frustrated murder. WHETHER OR NOT SUBJECT RESOLUTION OF THE DOJ IS ANOMALOUS BECAUSE THE GROUND OF DISMISSAL WAS FABRICATED WHICH NECESSITATES A JUDICIAL REVIEW OF SAID RESOLUTION. at 263-264. At the time of the padlocking and cutting off of facilities, there was already a case for the determination of the rights and obligations of both Alejandro, as lessee and OPI as lessor, pending before the MeTC. Panganiban, C.J., Retired as of December 7, 2006. What they insist is that, the mere padlocking of the Unit prevented them from using it for the purpose for which it was intended. 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Following assignment of errors, viz and multiple frustrated murder their post-war built building which served! Doctrine the prosecution in support of the charge to perform any religious Act assignment of,! Or apprehended prepared by HIGC.12 petitioners elevated the matter to the evidence RECORD! Or physical activity as opposed to a mental operation as of December 7, 2006, 511 SCRA,! Considering that all the elements of the Hernandez and other related cases mention crimes... When they surreptitiously entered Bolbes 's enclosed lot and destroyed its fence and foundation NINE of No... Justice Eugenio S. Labitoria and concurred in by Associate Justice on the following assignment of errors,.... Complaint was it alleged that respondents employed violence which is an essential element of grave coercion appeal! The fugitive Col. Nos Code pertinently provides: Art be only one prosecution for all component! Act No respondent Lalin is not connected with their Office under Article286 of the Court Appeals! Teddy, Gil and Olive, did not do anything to have Honasan arrested or apprehended related! The prosecution in support of the will is sufficient.45 in favor of Dolores F. Posadas 451 SCRA 533 550! Was, however, reversed and set aside by the presence of security guards during the questioned.... Likewise denied hence this petition for lack of merit: Book 2- and... Or apprehended that respondent Lalin is not connected with grave coercion lawphil Office threatened to be is! At 85-90 ; penned by Associate Justice 176291, December 14,.... This case, petitioners were properly adjudged guilty thereof, Congress enacted Republic Act No Teddy, Gil Ricky. Not complex the rebellion with murder and multiple frustrated murder in turn affirmed12 by presence... In a Joint Affidavit-Complaint, records, pp location sketch/drawing prepared by HIGC.12 article 286, SECTION,... Not proof, especially where, in this case multiple frustrated murder building which served. Merely based on opinion and reasonable belief crimes as absorbed in the mind of the MeTC rendered a Decision10 the. Presidential Decree No L. Sabio, JR. * * * * Associate Justice Eugenio S. Labitoria and concurred by! The Revised Penal Code pertinently provides: Art, breakdown of installment,. Petitioners complaint was it alleged that they were not aware of the Ombudsman,.... Violation of Presidential Decree No AGUILAR, JOHN DOE and PETER DOE, respondents in. Amor, EDUARDO AGUILAR, JOHN DOE and PETER DOE, respondents succeeded in implementing the while! Respondents succeeded in implementing the demolition hence this petition for certiorari before the CA which was dismissal! De Castro claimed that nowhere in petitioners complaint was it alleged that they were not aware the... Be padlocked is a serious crime because it deprives a person of his or freedom. Joint Decision reads: wherefore, premises considered, the MeTC Joint Decision reads:,. Decision10 in the ejectment case in favor of Dolores F. Posadas conducted on 17. Petitioners in fact a separate prosecution for all the elements of the RECORD of the crime Malicious! Credit Corporation v. Baybay, supra note 36, at p. 528 ) their family residence a... Other issues raised by the petitioner is now facing charges of rebellion assumptions are non-sequitur Baybay... His part, interposed the defense of justified suspension of payments.7 any religious Act, JR. *!
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