Case Digest (G.R. No. L-62050)
Facts:
Jose "Pepito" Timoner v. The People of the Philippines and the Honorable Court of Appeals, IV Division, G.R. No. 62050, November 25, 1983, Supreme Court Second Division, Escolin, J., writing for the Court.Petitioner Jose "Pepito" Timoner, then Mayor of Daet, Camarines Norte, was charged in Municipal Court of Daet in Criminal Case No. 4281 with the crime of grave coercion for having caused the sealing off of several makeshift stalls that protruded into the sidewalk along Maharlika Highway, including the barbershop of Pascual Dayaon and the store of Lourdes Pia-Rebustillos. At about 10 p.m. on December 13, 1971 petitioner, accompanied by two uniformed policemen (Samuel Morena and Ernesto Quibral) and six laborers, ordered the laborers to nail rough lumber and fence off the structures; the sealing was carried out pursuant to the recommendation of the Municipal Health Officer, Dra. Alegre, for noncompliance with health and sanitation requirements.
Petitioner subsequently filed a civil complaint for judicial abatement in the Court of First Instance of Camarines Norte (Civil Case No. 2257), which declared the stalls nuisance per se and ordered demolition and vacation. In the criminal proceedings the Municipal Court convicted petitioner as principal by inducement and acquitted the two policemen. The Court of Appeals (in CA-G.R. No. 19534-CR) affirmed the conviction in toto. Petitioner sought relief in the Supreme Court by a...(Pro-only)
Issues:
- Whether petitioner, as mayor, may be criminally liable for grave coercion for having caused the sealing off of the barbershop and other stalls.
- Whether the sealing off (abatement) of the barbershop was authorized as abatement of a public nuisance without jud...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)