Disclaimer I am not pro or against any of the two party.
By the number, some Filipino’s are unhappy with the decision of the Taguig Regional Trial Court regarding the petition for bail of Mr. Cedric Lee and his group. But before we comment I believe that we should dig first what is the basis for arriving at such decision, so let’s do some understandings…
1) What is a GRAVE COERCION:
Grave coercion is committed when “a person who, without authority of law, shall by means of violence, prevent another from doing something not prohibited by law or compel to do something against his will, either it be right or wrong.” 1 The three elements of grave coercion are: [1] that any person be prevented by another from doing something not prohibited by law, or compelled to do something against his will, be it right or wrong; [2] that the prevention or compulsion be effected by violence, either by material force or such display of it as would produce intimidation and control the will of the offended party, and [3] that the person who restrained the will and liberty of another had no right to do so, or, in other words, that the restraint was not made under authority of law or in the exercise of a lawful right. 2
1. Article 286, Revised Penal Code.
2 Justice Ramon C. Aquino, The Revised Penal Code, Book 11, 1976,p.1392.
Source: http://www.lawphil.net/judjuris/juri1983/nov1983/gr_l_62050_1983.html
2. Penalty for Grave Coercion:
REPUBLIC ACT NO. 7890
Section 1. Article 286, Sec. Three, Chapter Two, Title Nine of Act No. 3815, as amended, is hereby further amended to read 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.”
3. What is Illegal detention?
Illegal detention is the unjustifiable imprisonment or the unlawful deprivation of liberty of a person by way of arrest for a wrongful cause or suspicion and the continued restriction of personal freedom by retaining such person in custody.
Source: http://definitions.uslegal.com/i/illegal-detention/
4. Penalty for Serious illegal detention
REPUBLIC ACT No. 18
Sec. 2. Article two hundred sixty-seven of the Revised Penal Code is hereby amended to read as follows:
“Art. 267. Kidnapping and serious illegal detention. — Any private individual who shall kidnap or detain another, or in any other manner deprive him of his liberty, shall suffer the penalty of reclusion temporal in its maximum period to death:
“1. If the kidnapping or detention shall have lasted more than five days.
“2. If it shall have been committed simulating public authority.
“3. If any serious physical injuries shall have been inflicted upon the person kidnapped or detained, or if threats to kill him shall have been made.
“4. If the person kidnapped or detained shall be a minor, female or a public officer.
“The penalty shall be reclusion perpetua to death where the kidnapping or detention was committed for the purpose of extorting ransom from the victim or any other person, even if none of the circumstances above mentioned were present in the commission of the offense.”
5. Bail as defined
Bail is the security given for the release of a person in custody of the law, furnished by him or a bondsman, to guarantee his appearance before any court as required under the conditions specified by law.
“Considering that bail is just a security for the temporary release of the accused, once the case has been terminated, the same shall be released back to the bondsman. It will serve no other purpose once the case has been terminated or disposed with finality.”
All persons in custody shall be admitted to bail as a matter of right, with sufficient sureties, or released on recognizance as prescribed by law or by the Rules of Court (a) before or after conviction by the Metropolitan Trial Court, Municipal Trial Court, Municipal Trial Court in Cities, or Municipal Circuit Trial Court, and (b) before conviction by the Regional Trial Court of an offense no punishable by death, reclusion perpetua, or life imprisonment.
No person charged with a capital offense, or an offense punishable by reclusion perpetua or life imprisonment, shall be admitted to bail when the evidence of guilt is strong, regardless of the stage of the criminal prosecution.
The provision of the law appears with an exemption. It has a phrase “when the evidence of guilt is strong”.
What would Lee-Cornejo camp do is the
filing of a motion to fix bail. In this proceeding, the prosecution is required to present evidences until the court is convinced that the evidences submitted are either strong or not.
When the court is convinced that the evidences of guilt are strong, then it would deny the motion to fix bail. However, if the court sees that such evidences are not strong, then it would grant the petition and then would fix the bail for the temporary liberties of the accused.
– The discussions appearing on this blog is base from my personal research that I find helpful to understand the situation, I am not claiming any of the article’s written as my own work. Besides you can check the full articles in the source links. May reading this article may also help you understand not only the story but also the legal basis, so at the end, we our aware of what’s happening not just commenting, because at all times WE MUST Be AWARE!!!
THE RESULT OF AFTER MORE THAN 24 HOUR NON-STOP RAIN FALL.
OFFICES TOOK A LITTLE LONGER BEFORE DECLARED TO BE SUSPENDED? DO WE NEED TO MAKE FUN OF THE PHOTOS BEING UPLOADED?
LET’S TRY TO RECALL WHAT THE BIBLE SAY’S, BEFORE A BIG FLOOD WASHES AWAY THE SINS OF THE WORLD, BEFORE THE SODOMA WAS BURNED, AND EVERYONE LOOKING BACK WAS TURNED INTO SAND… DOES IT HAVE SIMILARITIES NOW A DAYS? YOU THINK… YOU DECIDE… YOU JUDGE…
We Must Be Aware 