G.R. No. L-3996 - United States vs. Juan Bailon

Republic of the Philippines
SUPREME COURT
Manila

EN BANC

G.R. No. L-3996               November 6, 1907

THE UNITED STATES,plaintiff-appellee,
vs.
JUAN BAILON,defendant-appellant.

Melecio Saludes, for appellant.
Attorney-General Araneta, for appellee.

ARELLANO,C.J.:

The accused was convicted of the crime of coercion and he is guilty of a consummated crime, and not merely of a frustrated one as appears in the judgment, inasmuch as he prevented Macario Arsitio, who was constructing a fence, from going on with his work by attempting to cut the latter with a bolo; the blow, however, took effect on the fence. Notwithstanding the fact that the injured party was afterwards able to go on with his work, the employment of violence by one person by which another is prevented from doing something that is not lawfully forbidden, and which the latter is temporarily obliged to forego, constitutesde factothe consummated crime of coercion.lawphil.net

Therefore, Juan Bailon is hereby sentenced to the penalty of two months and one day ofarresto mayorin addition to the fine imposed by the judgment appealed from, with the costs of both instances. So ordered.

Torres, Mapa, Johnson, Carson, Willard and Tracey, JJ., concur.