Case Digest (G.R. No. 90423)
Facts:
On June 20, 1984, Maria Pelagia Paulino de Chin, then five months pregnant, was summoned by bank employee Atanacio Lumba from her residence at 112 Bliss Site, 8th Avenue, Caloocan City, to the Pacific Banking Corporation branch there. Branch Manager Francis Lee confronted her about a dishonored and forged Midland National Bank Cashier’s Check No. 3526794 allegedly deposited in the account of Honorio Carpio. Lee shouted threats to file criminal charges unless she returned the money equivalent of the spurious check. Under his supervision, de Chin signed a pre-typed withdrawal slip and an affidavit admitting fraud and repaid P92,557.44. She remained in the bank from 10:00 a.m. until about 6:00 p.m., watched by bank staff and security guards, before being permitted to leave. The Metropolitan Trial Court (Branch 2, Caloocan City) convicted Lee of grave coercion (Art. 286, RPC) and sentenced him to three months arresto mayor, medium, a P250 fine, and civil liabilities. The Regional TrCase Digest (G.R. No. 90423)
Facts:
- Events of June 20, 1984 at Pacific Banking Corporation, Caloocan City
- At about 10:00 a.m., Branch Manager Francis Lee instructed bank employee Atanacio Lumba to fetch 23-year-old Maria Pelagia Paulino de Chin from her residence. At the bank, Lee confronted her about a forged Midland National Bank cashier’s check (No. 3526794) she had deposited. He shouted at her with “piercing looks,” threatened to file criminal charges unless she returned the equivalent amount, and caused her to sign a prepared withdrawal slip and an affidavit admitting swindling and promising to return funds. Pelagia, five months pregnant, was watched by bank personnel and security guards until about 6:00 p.m., when she finally left the premises.
- Bank records show that, prior to June 20, Pelagia had:
- Assisted a relative, Honorio Carpio, in opening an account and depositing the spurious check;
- Withdrawn P12,607.00 via a withdrawal slip purportedly signed by Carpio;
- Closed Carpio’s account and withdrew P80,000.44, redepositing P50,000.00 to her own account and taking P30,000.44 in cash;
- Made further withdrawals of P2,000.00 and P18,000.00 from her savings.
- Petitioner’s Version
- After discovering the check was dishonored as spurious, Lee examined bank records and invited Pelagia to his office via Lumba. She arrived before noon but waited while Lee attended to other clients. He informed her of the check’s status and asked her to return the proceeds.
- Lee denied using unlawful pressure. He maintained Pelagia acted freely and voluntarily in signing the withdrawal slip and affidavit, knowing standard banking procedures and having full freedom of movement in the bank.
Issues:
- Whether Lee’s acts—shouting, “piercing looks,” and threats to file charges—constituted grave coercion under Article 286 of the Revised Penal Code.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)