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11 Timoner Vs People 125 SCRA 830

The document summarizes a court case, Timoner v People, regarding whether the mayor of Daet, Mayor Timoner, was guilty of grave coercion for ordering the demolition of stalls in a highway after they were recommended for closure by the municipal health officer for non-compliance with health and sanitation requirements. The court held that Mayor Timoner was not guilty of grave coercion because removing public nuisances like the stalls was within his authority as mayor and not done through violence or against anyone's will.

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G-one Paisones
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99 views1 page

11 Timoner Vs People 125 SCRA 830

The document summarizes a court case, Timoner v People, regarding whether the mayor of Daet, Mayor Timoner, was guilty of grave coercion for ordering the demolition of stalls in a highway after they were recommended for closure by the municipal health officer for non-compliance with health and sanitation requirements. The court held that Mayor Timoner was not guilty of grave coercion because removing public nuisances like the stalls was within his authority as mayor and not done through violence or against anyone's will.

Uploaded by

G-one Paisones
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOC, PDF, TXT or read online on Scribd
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11

TIMONER v PEOPLE
(125 SCRA 830)

Facts:
Petitioner is the mayor of the town of Daet in Camarines Norte. He ordered
the demolition of the stalls in Maharlika Highway, even showing himself up in
those stalls during the demolition, after these establishments had been
recommended for closure by the Municipal Health Officer, Dra. Alegre; for non-
compliance with certain health and sanitation requirements. Among the
structures thus barricaded were the barbershop of Pascual Dayaon, the
complaining witness and the store belonging to one Lourdes Pia-Rebustillos.

Issue:
Whether or not Mayor Timoner is guilty of grave coercion?

Held:
No.

Ratio:
Grave coercion is committed when "a person who, without authority of law,
shall by means of violence, prevent another from doing something not prohibited
by law or compel to do something against his will, either it be right or wrong." In
the case at bar, the Mayor is not guilty of grave coercion as the element that the
restraint made by the Mayor upon complainant, the owner of the barbershop
considered as a public nuisance, was not made under authority of law or in the
exercise of a lawful right, is absent.

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