REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF JUSTICE
OFFICE OF THE PROVINCIAL PROSECUTOR
TARLAC CITY, TARLAC

PHILIPP D. LACSAMANA
Complainant,

- versus - DOCKET NO. _______________

FOR: Grave Coercion

ROY D. CAPISTRANO AND JOHN

DOES
Respondent.
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COMPLAINT-AFFIDAVIT

I, PHILIPP D. LACSAMANA, of legal age, married, Filipino, and with

residence address at Rolling Hills, San Nicolas, Bamban, Tarlac after
having been sworn in accordance with law, hereby depose and state -

1. I am one of the children of the late Lydia D. Lacsamana, and am

the actual tiller and occupant of a parcel of land located at Sitio
Panaisan, San Nicolas, Bamban, Tarlac,

2. Respondent Roy Capistrano (Roy) is a usurper of the above

parcel of land without any claim of ownership or possession. His
last known address is at Sitio Panaisan, Brgy. San Nicolas, Bamban
Tarlac.

3. On May 16, 2017 at around 8:30 a.m., while we were unloading

construction materials from a dump truck, Respondent Roy
together with 2 unknown John Does arrived. Roy, while wielding a
bladed weapon (appearing to be a samurai sword), and a gun
holstered to his hip, ordered us to stop all constructions on the
property saying Eye titipa ing balas a yan keni! Meanwhile,
Roys companions served as lookout and Roy told us that they also
had guns.
4. When we refused to heed his warning, Roy blocked the way of the
dump truck and brandished his samurai sword at the driver. The
driver and his companion, Marvin L. Guilas, also ran away to
report the incident to the Baranggay.

Attached herein as Annex A is a copy of a Sinumpaang Salaysay

executed by Marvin L. Guilas.

5. Fearing for our lives, we momentarily ceased from unloading our

construction materials. Moments later, people started to gather at
the place of incident.

6. Respondent and his companions, realizing that authorities were

on their way, retreated.

7. Thereafter, representatives from the Barangay appeared and we

resumed unloading our materials.

8. We immediately reported the incident to the local police station.

Attached herein as Annex B is a copy of the PNP Police Blotter of

said incident.

Respondents committed
the crime of Grave Coercion

9. As advised by counsel, the crime of Grave Coercion is committed

as follows:

"Art. 286. Grave Coercion. The penalty of prision correccional and a fine
not exceeding Six thousand pesos shall be imposed upon any person who,
without any authority of law, shall, by means of violence, threats or
intimidation, prevent another from doing something not prohibited by law,
or compel him to do something against his will, whether it be right or
wrong.

"If the coercion be committed in violation of the exercise of the right of

suffrage, or for the purpose of compelling another to perform any religious
act, to prevent him from exercising such right or from so doing such act, the
penalty next higher in degree shall be imposed."

10. The elements of grave coercion under Article 286 of the Revised
Penal Code are as follows: (i) that a person is prevented by
another from doing something not prohibited by law, or
compelled to do something against his will, be it right or wrong;
(ii) that the prevention or compulsion is effected by violence,
 threats or intimidation; and (iii) that the person who restrains the
will and liberty of another has no right to do so, or in other words,
that the restraint is not made under authority of law or in the
exercise of any lawful right

11. The first element is present in this case. Respondents prevented

us from undergoing construction and unloading materials on our
premises. We were perfectly within our rights to unload
construction materials on the premises considering we were in
lawful possession. On the other hand, Respondent has no claim
over the property.

12. The second element is likewise present. Respondents brandished

bladed weapons and a firearm obviously in order to intimidate us
to comply with their orders.

13. Lastly, the third element is also present. Respondents had no right
to prevent us from doing construction in the premises. In fact,
Respondent Roy has no claim to the subject land since he is
neither an owner nor possessor of the same. He had also no lawful
order from the court or authorities to prohibit us from conducting
construction activities in the area.

14. I am executing this Complaint-Affidavit to attest to the truth of the

foregoing and to support the filing of criminal charges against
Respondents for Grave Coercion.

Further affiant sayeth naught.

IN WITNESS WHEREOF, I have hereunto set my hand this 31st day

of August, 2017.

PHILIPP D. LACSAMANA

SUBSCRIBED AND SWORN to before me this __ day of August at Angeles City,

Pampanga, affiant exhibiting to me his competent evidence of identity being his
Drivers License Nos. ____________ which expires on ________________.
Doc. No. ____ ;
Page No. ____ ;
Book No. ____ ;
Series of 2017.