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COERCIONS - ARTICLE 286 (Grave Coercion) and 287 (Light Coercion)

What are the elements of grave coercion?


The elements of grave coercion are: (1) A person prevented another from doing
something not prohibited by law, or that he compelled him to do something against his
will; be it right or wrong; (2) The prevention or compulsion be effected by violence, threats
or intimidation; and (3) The person that restrained the will and liberty of another had not
the authority of law or the right to do so, or in other words, that the restraint shall not be
made under authority of law or in the exercise of any lawful right.

If a person is compelled to do something not unlawful, is it still coercion?

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)

Xxx

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]

What is the crime of light coercion?

In light coercion, the offender must be a creditor; he seizes anything belonging to


his debtor: the seizure of the thing be accomplished by means of violence or a display of
material force producing intimidation; The purpose of the offender is to apply the same to
the payment of the debt.

Is light coercion similar to unjust vexation?

No. Unjust Vexation is distinguished from grave coercion by the absence of


violence. Unjust vexation is any act committed without violence, but which unjustifiably
annoys or vexes an innocent person amounts to light coercion. It should include any
human conduct which, although not productive of some physical or material harm would,
however, unjustifiably annoy or vex an innocent person.

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