Case Digest (G.R. No. 174489)
Facts:
On May 30, 1920, in the municipality of Cabuyao, Province of Laguna, Exequiel Alipit, the duly elected municipal president, and Victorio D. Alemus, the municipal chief of police, willfully and maliciously entered the session room of the municipal council while it was holding an extraordinary meeting presided over by Vice-President Manuel Basa. The meeting had been convened to investigate a petition challenging Alipit’s election on grounds of minority, and notices of the session had been left at the members’ domiciles in accordance with Section 2220 of the Administrative Code, though Alipit claimed he received none. Upon arrival, Alipit fired his revolver in the air and ordered Alemus to arrest Vice-President Basa, who resisted, prompting Alemus to seize him by force and lock him in the municipal jail, while Alipit threatened any councilor who attempted to continue the session and seized all municipal records. Basa remained detained until released by the provincial governor laterCase Digest (G.R. No. 174489)
Facts:
- Parties and Official Roles
- Exequiel Alipit – Municipal President of Cabuyao, Laguna.
- Victorio D. Alemus – Chief of Police of Cabuyao, Laguna.
- Prior Proceedings
- Election of Alipit contested as he was allegedly a minor; petition referred by the Executive Bureau to the Provincial Board.
- Municipal council conducted three investigative meetings, presided over by Alipit; during investigation Alipit yielded the chair to Vice-President Manuel Basa.
- Events of May 30, 1920
- A special municipal council meeting was convened at the request of two councilors; five councilors formed a quorum; Basa presided due to Alipit’s absence.
- Alemus entered with an order from Alipit to arrest Basa; Basa protested innocence; councilor Delfino delayed the arrest.
- Alipit arrived, discharged a revolver in the air, entered the session room, ordered Alemus to arrest Basa; both men forcibly detained Basa and confined him in the municipal jail.
- Alipit threatened any continuation of the meeting, confiscated council documents, secured three Constabulary soldiers from Calamba, and held Basa incommunicado until the provincial governor ordered his release.
- Trial Court Proceedings
- Defendants charged with coercion by illegal detention (Penal Code, Arts. 497 and 89).
- Convicted and sentenced to five months arresto mayor and a fine of ₱1,500, with subsidiary imprisonment and accessory penalties.
Issues:
- Whether the special municipal council meeting was lawfully convened despite alleged defects in notice.
- Sufficiency of notice under Administrative Code, sec. 2220.
- Effect of absent council members outside the municipality on notice requirements.
- Whether Vice-President Manuel Basa validly presided over the special meeting in Alipit’s absence.
- Whether the forcible interruption and arrest of Basa by Alipit and Alemus constituted coercion under the Penal Code or a violation of Act No. 1755, sec. 1.
- Whether Alemus’s defense of acting under superior orders exonerated him from criminal liability.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)