GR L 2550; (August, 1906) (Digest)
G.R. No. L-2550
August 23, 1906
THE UNITED STATES, complainant-appellee, vs. GABINO VENTOSA, defendant-appellant.
FACTS:
1. On March 30, 1902, in Cabatuan, Iloilo, Teodoro Husain hosted a social gathering in his house to celebrate Easter. The event included supper and entertainment, attended mostly by women and young people.
2. Defendant Gabino Ventosa, a corporal in the Constabulary, arrived with four soldiers and demanded to see a license for the gathering. Husain could not produce a written license but claimed to have obtained verbal permission from the municipal president.
3. Ventosa forcibly suspended the gathering, alleging lack of a license and disturbance of public peace. He drew his revolver when some attendees protested and compelled people to sign a document before leaving.
4. The prosecution charged Ventosa with coaccion (coercion) under Article 497 of the Penal Code.
ISSUE:
Whether Ventosa’s actions constituted illegal coercion under Article 497 of the Penal Code, given that:
– There was no proof of a municipal ordinance requiring a license for such gatherings.
– The gathering was peaceful and lawful.
– Ventosa lacked reasonable suspicion of any breach of the peace or violation of law.
RULING:
The Supreme Court affirmed the lower court’s judgment, holding:
1. No Legal Basis for Interference:
– No evidence supported the existence of a municipal ordinance requiring a license for the gathering.
– Husain had verbal permission from the municipal president, making the gathering lawful.
2. No Breach of Peace:
– The gathering was a social event without disorder, and Ventosa had no reasonable suspicion of illegal activity.
3. Excess of Authority:
– Even if a licensing ordinance existed, Act No. 610 restricted Constabulary officers from making arrests for its violation.
– Ventosa’s use of force (drawing a revolver) was unjustified and constituted illegal coercion.
Disposition: The conviction was upheld, with costs against Ventosa. The case was remanded to the lower court for execution of judgment.
Concurring Justices: Arellano (C.J.), Torres, Mapa, Carson, and Tracey.