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    People Vs Matina

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    hehe kurimao
    The document discusses the elements of the crimes of serious illegal detention and grave coercion. It analyzes a case where a woman, Villamar, was accused of kidnapping and illegally detaining another woman, Cortez. However, the court found that Villamar did not intend to deprive Cortez of her liberty, and her demand for money after their confrontation did not constitute ransom. While Villamar hit Cortez with a chisel and threatened her with scissors, coercing her to reveal information, the court determined this constituted the lesser crime of grave coercion rather than illegal detention.

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    People Vs Matina

    Uploaded by

    hehe kurimao
    31 views2 pages
    The document discusses the elements of the crimes of serious illegal detention and grave coercion. It analyzes a case where a woman, Villamar, was accused of kidnapping and illegally detaining another woman, Cortez. However, the court found that Villamar did not intend to deprive Cortez of her liberty, and her demand for money after their confrontation did not constitute ransom. While Villamar hit Cortez with a chisel and threatened her with scissors, coercing her to reveal information, the court determined this constituted the lesser crime of grave coercion rather than illegal detention.

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    people vs matina

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    The document discusses the elements of the crimes of serious illegal detention and grave coercion. It analyzes a case where a woman, Villamar, was accused of kidnapping and illegally detaining another woman, Cortez. However, the court found that Villamar did not intend to deprive Cortez of her liberty, and her demand for money after their confrontation did not constitute ransom. While Villamar hit Cortez with a chisel and threatened her with scissors, coercing her to reveal information, the court determined this constituted the lesser crime of grave coercion rather than illegal detention.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    31 views2 pages

    People Vs Matina

    Uploaded by

    hehe kurimao
    The document discusses the elements of the crimes of serious illegal detention and grave coercion. It analyzes a case where a woman, Villamar, was accused of kidnapping and illegally detaining another woman, Cortez. However, the court found that Villamar did not intend to deprive Cortez of her liberty, and her demand for money after their confrontation did not constitute ransom. While Villamar hit Cortez with a chisel and threatened her with scissors, coercing her to reveal information, the court determined this constituted the lesser crime of grave coercion rather than illegal detention.

    Copyright:

    © All Rights Reserved
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    of 2

    Galeriana

    Grave Coercion

    Serious Illegal Detention

    1. That the offender is a private individual


    2. That he kidnaps or detains another, or in any manner deprives the latter of his liberty
    3. That the act of detention or kidnapping must be illegal
    4. That in the commission of the offense, any of the following circumstances is present:
    a. That the kidnapping or detention lasts for more than 3 days
    b. That it is committed simulating public authority
    c. That any serious physical injuries are inflicted upon the person kidnapped or detained or
    threats to kill him are made
    d. That the person kidnapped or detained is a minor female, or a public officer

    It is important that indubitable proof be presented that the actual intent of the malefactor was to
    deprive the offended party of his/her liberty,  and not when such restraint of liberty was merely an
    incident in the commission of another offense primarily intended by the offender. 

    Contrary therefore to the prosecution's assertions, we are of the opinion that Villamar had no intention
    to kidnap or deprive Cortez of her personal liberty. This is clearly demonstrated in the tesimony of
    Villamar herself.

    the prosecution insists that assuming that Villamar had no intention to deprive Cortez of her liberty, the
    fact that she demanded and received One Thousand Pesos (P1,000.00) from Cortez constitutes a ransom
    within the contemplation of Article 267 of the Revised Penal Code. 8 Again, we cannot agree with the
    prosecution's theory.

    Under the law, as presently worded, it is essential that the kidnapping or detention was committed for
    the purpose of extorting ransom. 9 In the instant case, there is no showing whatsoever that Villamar
    wanted to extort money from Cortez prior to their confrontation.

    Elements of serious physical injuries

    Any person inflicting upon another physical injuries not described in Art. 264

    1. That the offended party is incapacitated for labor for ten days or more but not more than 30
    days or needs medical assistance for the same period of time.

    Thus, if the incapacity is more than 30 days or the illness lasts for more than 30 days, it is a
    serious physical injury under paragraph 4 of Article 263.
    Elements of grave coercion

    (a) that any person is prevented by another from doing something not prohibited by law, or compelled
    to do something against his or her will, be it right or wrong; - When accused-appellant coerced Cortez to
    reveal the whereabouts of the "Sinampaang Salaysay" for the purpose of destroying the same

    (b) that the prevention or compulsion is effected by violence, either by material force or such a display
    of it as would produce intimidation and, consequently, control over the will of the offended party; and -
    Villamar managed to hit Cortez with a chisel on the head rendering the latter weak and immobilized,
    after which she threatened her with a pair of scissors. 

    (c) that the person who restrains the will and liberty of another has no right to do so; in other words,
    that the restraint is not made under authority of law or in the exercise of any lawful right – Villamar not
    under any authorize of law to restrain Cortez her will and liberty

    People v. Astorga, we ruled that the offense of grave coercion is necessarily included in illegal detention;
    as such, an information for illegal detention will not bar the accused from being convicted of grave
    coercion, instead of the original charge –

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