12

LEE v CA
(201 SCRA 405)

Facts:
On June 20, 1984 at about 10:00 o’clock in the morning, the complainant
Mana de Chin, was fetched from her house by a bank employee upon the
instruction of Branch Manager Francis Lee of Pacific Banking Corporation. The
latter confronted the former about a forged Midland National Bank Cashier Check
which the latter allegedly deposited in the account of Honorio Carpio. During the
said confrontation, petitioner has been shouting respondent – Pelagia with
piercing looks and threatened to file charges against her unless she returned the
entire money equivalent to the alleged forged cashier’s check.

Issue:
Whether or not Francis Lee is guilty of grave coercion?

Held:
No.

Ratio:
There is nothing unlawful when petitioner demanded that the private
respondent return the proceeds of the check accompanied by a threat to file
criminal charges. Her lengthy stay in the bank and return of money was not due
to petitioner’s threat but to show good faith. The most telling proof of the
absence of intimidation was the fact that the complainant refused to sign the
promissory note in spite of the alleged threats of the petitioner.