Grave Coercion vs. Unjust Vexation

In this case, petitioners claim that respondents padlocked the Unit and cut off the facilities in the presence of security guards. As aptly held by the CA, it was not alleged that the security guards committed anything to intimidate petitioners, nor was it alleged that the guards were not customarily stationed there and that they produced fear on the part of petitioners. To determine the degree of the intimidation, the age, sex and condition of the person shall be borne in mind.^[46] Here, the petitioners who were allegedly intimidated by the guards are all lawyers who presumably know their rights. The presence of the guards in fact was not found by petitioners to be significant because they failed to mention it in their Joint Affidavit-Complaint. What they insist is that, the mere padlocking of the Unit prevented them from using it for the purpose for which it was intended. This, according to the petitioners, is grave coercion on the part of respondents.

The case of Sy v. Secretary of Justice, cited by petitioners is not applicable in the present case. 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. Intimidated by respondents and their demolition team, complainants were prevented from peacefully occupying their residence and were compelled to leave against their will. Thus, respondents succeeded in implementing the demolition while complainants watched helplessly as their building was torn down. The Court thus found that there was prima facie showing that complainants were intimidated and that there was probable cause for the crime of grave coercion.

On the contrary, the case of Barbasa v. Tuquero, applies. In Barbasa, the lessor, together with the head of security and several armed guards, disconnected the electricity in the stalls occupied by the complainants-lessees because of the latter’s failure to pay the back rentals. The Court held that there was no violence, force or the display of it as would produce intimidation upon the lessees’ employees when the cutting off of electricity was effected. 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 lessor’s right under the contract. We reach the same conclusion in this case.

Notwithstanding the DOJ’s conclusion that respondents cannot be charged with grave coercion, it ordered the filing of information for unjust vexation against Amor, the Property Manager of DCCC and Aguilar as head of the security division. We find the same to be in order (Joseph Anthony M. Alejandro, Firdausi I.Y. Abbas, et al. Vs. Atty. Jose A. Bernas, et al., G.R. No. 179243. September 7, 2011)