GR L 3996; (November, 1907) (Digest)
G.R. No. L‑3996
FACTS
Juan Bailon was charged by the United States with the crime of coercion. While Macario Arsitio was constructing a fence, Bailon attempted to cut him with a bolo; the blow struck the fence instead. Although Arsitio was later able to resume his work, the violent act temporarily prevented him from continuing his lawful activity.
ISSUE
Whether Bailon’s conduct constitutes a consummated crime of coercion, as opposed to a merely frustrated attempt.
RULING
The Court held that the use of violence to temporarily restrain another from a lawful act fulfills the elements of a consummated coercion. Accordingly, Bailon was sentenced to two months and one day of arresto mayor, the fine affirmed by the lower court, and ordered to pay the costs of both instances. The decision was concurred in by Justices Torres, Mapa, Johnson, Carson, Willard, and Tracey.
