G.R. No. C.A. No. 762 ; February 6, 1946
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. SILVERIO NEBREJA ET AL., defendants. SILVERIO NEBREJA, appellant.

FACTS

The appellant, Silverio Nebreja, was the encargado of Mateo Maningat, who had purchased the Lian Estate from El Colegio de San Jose but could not take possession of a portion due to opposition from occupants, including the offended party Nicomedes Jonson. On the morning of October 5, 1942, while Nicomedes Jonson, assisted by others, was plowing a parcel of land he claimed and possessed, the seven defendants, led by the appellant and all armed with bolos except the appellant and one other, ordered Jonson to stop plowing because they would plow it instead. Jonson asserted his right to continue as the land was still in his possession and there was no court order to deliver it. The appellant retorted that if they did not stop, they would get hurt, grabbed the rope of Jonson’s carabao, and his co-accused, with hands on their bolos, surrounded Jonson and his companions. Intimidated, Jonson and his companions stopped, allowing the defendants to take possession and plow the land. Jonson reported the incident to local authorities and returned with police, finding the appellant standing on the land while others plowed and stood guard. When questioned by Sergeant Caraig, the appellant admitted he stopped Jonson and claimed he should plow the land. After refusing to stop and stating he was ready for any eventuality, the defendants were arrested. The appellant’s defense was an alibi, claiming he was at the Central Azucarera Don Pedro in Nasugbu talking with a Captain Mauchi at the time and was only arrested upon his return to Lian in the afternoon. The Court of First Instance of Batangas found him guilty of grave coercion.

ISSUE

Whether the appellant is guilty of the crime of grave coercion.

RULING

Yes, the appellant is guilty of grave coercion. The court affirmed the lower court’s sentence. The appellant’s alibi was found to have no probative value as it was unsupported by evidence, not corroborated by witnesses like Captain Mauchi, and contradicted by the positive testimonies of the offended party, his companions, and Sergeant Caraig. The court also noted the short distance between Lian and Nasugbu made it possible for the appellant to have been at the sugar central and returned to commit the offense. The appellant’s contention that, as an encargado of the landowner, he had the right to forcibly eject the offended party was rejected, as no person may take the law into their own hands. The evidence established the appellant’s guilt beyond reasonable doubt, and the penalty imposed was in accordance with the law.