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:
“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.”
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.
We Must Be Aware 