This case has been cited 1 times or more.
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2009-02-12 |
CARPIO MORALES, J. |
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| "The distinction between the two lines of decisions, the one holding to robbery and the other to coercion, is deemed to be the intention of the accused. Was the purpose with intent to gain to take the property of another by use of force or intimidation? Then, conviction for robbery. Was the purpose, without authority of law but still believing himself the owner or the creditor, to compel another to do something against his will and to seize property? Then, conviction for coercion under Article 497 of the Penal Code. The motives of the accused are the prime criterion. And there was no common robber in the present case, but a man who had fought bitterly for title to his ancestral estate, taking the law into his own hands and attempting to collect what he thought was due him. Animus furandi was lacking."[10] (Italics in the original; citations omitted; underscoring supplied) The Court finds that by appellant's employment of threats, intimidation and violence consisting of, inter alia, uttering of invectives, driving away of the tricycle driver, and kicking of the tricycle, Nelia was prevented from proceeding to her destination. | |||||