Facts:
Petitioner Francis Lee was convicted of grave coercion after he summoned
complainant Mana Pelagia Paulino de Chin, who was then five months pregnant, in
order to confront her regarding a forged Midland National Bank check on June 20,
1984. The MTC convicted him of grave coercion.
Issue:
Whether or not petitioner is guilty of violating Art. 286.
Ruling:
NO. The Court held that, for grave coercion to be present, the force must have
compelled criminal conduct against the will of the actor, and such force is
immediate and continuous; in praesenti. The actions of Lee do not constitute such,
and therefore, he may not be found guilty of the crime. Article 1335 of the Civil
Code on intimidation is more fitting given the facts. In any case, petitioner must
be acquitted.