REPUBLIC OF THE PHILIPPINES DEPARTMENT OF JUSTICE OFFICE OF THE PROVINCIAL PROSECUTOR TARLAC CITY, TARLAC
PHILIPP D. LACSAMANA Complainant, DOCKET NO. _______________ FOR: Grave Coercion
- versus -
ROY D. ROY D. CAPISTRANO AND JOHN DOES Respondent. x-------------------------------------x
COMPLAINT-AFFIDAVIT
I, PHILIPP D. LACSAMANA, 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, Roy’s companions Roy’s 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 Sinum paang 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 31 st 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 Driver’s License Nos. ____________ which expires on ________________. Doc. No. ____ ; Page No. ____ ; Book No. ____ ; Series of 2017.
