Professional Documents
Culture Documents
Yes. If a person prohibits another to do an act because the act is a crime, even
though some sort of violence or intimidation is employed, it would not give rise to grave
coercion. It may only give rise to threat or physical injuries, if some injuries are inflicted.
In case of grave coercion where the offended party is being compelled to do something
against his will, whether it be wrong or not, the crime of grave coercion is committed if
violence or intimidation is employed in order to compel him to do the act.
To protect ones property can an owner prohibit interference to his property at all times?
The owner of a thing has no right to prohibit the interference of another with the
same, if the interference is necessary to avert an imminent danger and the threatened
damage, compared to the damage arising to the owner from the interference, is much
greater. (Art. 432, Civil Code)
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Neither the crime of threats nor coercion is committed although the accused, a
branch manager of a bank made the complainant sign a withdrawal slip for the amount
needed to pay the spurious dollar check she had encashed, and also made her execute
an affidavit regarding the return of the amount against her better sense and judgment.
The complainant may have acted reluctantly and with hesitation, but still, it was voluntary.
[Lee v. CA]