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1) Eight workers from Radeco Corporation were constructing a fence on land allegedly leased by Radeco when appellant Pletcha, who claimed ownership, asked them to stop pending a survey. They ignored him.
2) Pletcha returned with a bolo but did not use it, as the workers fled at the sight of him. The workers then filed a complaint for grave coercion.
3) Pletcha argued he had a right under the Civil Code to use reasonable force to defend his property from unlawful invasion. The court erred in finding his acts constituted grave coercion.
1) Eight workers from Radeco Corporation were constructing a fence on land allegedly leased by Radeco when appellant Pletcha, who claimed ownership, asked them to stop pending a survey. They ignored him.
2) Pletcha returned with a bolo but did not use it, as the workers fled at the sight of him. The workers then filed a complaint for grave coercion.
3) Pletcha argued he had a right under the Civil Code to use reasonable force to defend his property from unlawful invasion. The court erred in finding his acts constituted grave coercion.
1) Eight workers from Radeco Corporation were constructing a fence on land allegedly leased by Radeco when appellant Pletcha, who claimed ownership, asked them to stop pending a survey. They ignored him.
2) Pletcha returned with a bolo but did not use it, as the workers fled at the sight of him. The workers then filed a complaint for grave coercion.
3) Pletcha argued he had a right under the Civil Code to use reasonable force to defend his property from unlawful invasion. The court erred in finding his acts constituted grave coercion.
Presbitero, J. FAC!" In the morning of June 10, 1973, eight men (all workers of Radeco Corporation were constructing a fence made of !am!oo poles and wires on a piece of land in "acienda #aspit allegedl$ leased !$ the Radeco Corporation from a certain %opinco& Claiming actual possession and ownership, appellant 'ito (letcha, Jr&, asked the group to desist from fencing pending resur)e$ of the land he proposed, !ut he was totall$ ignored& 'he appellant came !ack with a !olo, without an$ chance, howe)er, to actuall$ use it or threaten them, !ecause as soon as the group saw him the$ ran awa$& 'he eight men *led the complaint for gra)e coercion under +rticle ,-. of the Re)ised (enal Code& 'ito (letcha, Jr&, in)oking /self0help1 under +rticle 2,9 of the Ci)il Code (gi)ing him as the owner the right to use reasona!le force to e3clude an$ person threatening his peaceful ownership in defense of the land he owns for 19 $ears, fought o4 and pre)ented the corporation5s crew of eight men who without an$ court order was insisting to fence four hectares of his land, as a result of which resistance he was prosecuted and con)icted of gra)e coercion !$ the 6unicipal Court of 6urcia 7egros 8ccidental& 'he (eople asks for a9rmance on the ground that the appellant should not ha)e done an$thing !$ himself to resist !ut should ha)e gone to court instead to en:oin the group of eight men from distur!ing his ownership& #!!$%" ;hether or not the court erred in concluding that the acts of the accussed in defense of his propert$ constituted gra)e coercion& R$&#N'" (es. It is a well0settled rule that /ours is a go)ernment of laws and not of men and no person ma$ take the law into his hands&1 <ut this principle is not a!solute& =nder +rticle 2,9 of the Ci)il Code> he o)ner or la)*ul possessor o* a thin+ has the ri+ht to e,clu-e an. person *ro/ the en0o./ent an- -isposal thereo*. For this purpose, he /a. use such *orce as /a. be reasonabl. necessar. to repel or prevent an actual or threatene- unla)*ul ph.sical invasion or usurpation o* his propert.. 'he +!o)e0?uoted law con*rms the right of the appellant, an owner and lawful possessor, to use reasona!le force to repel an in)asion or usurpation, actual, threatened or ph$sical, of his propert$& 'he principle of self0defense and the protecti)e measures related thereto, co)ers not onl$ his life, !ut also his li!ert$ and propert$& he principle o* sel*-help authori1es the la)*ul possessor to use *orce, not onl. to prevent a threatene- unla)*ul invasion or usurpation thereo*2 it is a sort o* sel*--e*ense. #t is la)*ul to repel *orce b. *orce. 3e )ho /erel. uses *orce to -e*en- his possession -oes not possess b. *orce. he use o* such necessar. *orce to protect propriet. or possessor. ri+ht constitutes 0usti*.in+ circu/stances un-er our Penal Co-e. 4olentino, A., Civil Co-e o* the Philippines, 5ol. ##, %-. 1972, pp. 67-698 +c?uitted&