Facts:

On December 13, 1971, petitioner and former Daet mayor Jose Timoner and two
uniformed policemen and six laborers barricaded the stalls that protruded into the
sidewalk of Maharlika Highway, specifically, the establishments of Pascual Dayaon,
and Lourdes Pia-Rebustillos. These establishments were previously recommended by
the municipal health officer for closure due to non-compliance with health and
sanitation requirements. The court exonerated the two policemen but convicted
petitioner mayor.

Issue:
Whether or not petitioner is guilty of grave coercion.

Ruling:
NO. The Court held that petitioner’s actions were justified by Art. 699 (3) of the
Civil Code, authorizing the abatement of public nuisance without judicial
proceedings. Since the establishments foreclosed by petitioner falls under the
definition of a nuisance under Art. 694 and 695 of the Civil Code, petitioner’s
actions were lawful, and do not constitute grave coercion. The elements of the
crime under Art. 286 are: that any person is prevented from doing something not
prohibited by law; that the prevention is effected by violence; and that the person
who restrained the will and liberty of another had no right to do so. In the
present case, the third element is absent, warranting petitioner’s acquittal.