Republic of the Philippines

Department of Justice
National Prosecution Service
OFFICE OF THE CITY PROSECUTOR
City of Santiago

JADE A. MANUELA
Complainant,

-versus- I.S._________________
For: Grave Coercion

CARDO B. TARUN
Respondent.
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COMPLAINT-AFFIDAVIT

I, JADE A. MANUELA, of legal age, single, Filipino Citizen, with

residence address at Sitio San Isidro, Aglipay, Quirino, after having been
duly sworn to in accordance with law hereby depose and state that:

1. I am the actual occupant and tiller of a parcel of agricultural

land situated at Paraiso, Batal, Santiago City covered by
Transfer Certificate of Title (TCT) Number TSC-18616. Copy
of which is herein attached as Annex “A”;

2. Herein respondent Cardo B. Tarun (“Respondent”) is a

claimant of the abovementioned parcel of land. His last
known address is at Sitio Rosario, Echague, Isabela;

3. On 22 November 2018 at around 8:00 AM, while me and my

farm caretakers are spraying pesticides over the grown rice
plants, the Respondent together with several armed men
arrived;

4. Respondent Tarun, also armed with a handgun went near me

and showed me a piece of paper and claimed it to be a
Certificate of Title of the above parcel of land registered under
his name;
5. As Respondent shows me the piece of paper, he forcefully
uttered the words “Siyak ti akin kukua atoy nga daga, isu
pumanaw kayon!”;

6. When we refuse to heed with his order, Respondent and his

accompanying armed men pointed their guns at us. One of
my farm caretakers has successfully escaped and was able to
seek help and report the incident to the barangay officers;

Made as integral part of this Complaint are the Sworn

Affidavits executed by one of my farm caretakers, Ace A.
Escalante and one Venus Z. Pili, who personally witnessed
the incident, herein attached as Annex B-1 and Annex B-2,
respectively.

7. Fearing for our lives, we immediately stopped our work in

the rice field. After a while, people nearby started to gather at
the place of the incident;

8. Respondent and his companions, realizing that law enforcers

are on their way, immediately retreated and left the rice field;

9. Thereafter, we instantly went to the nearest police station to

report the incident and to file a police blotter. Copy of which
herein attached as “Annex C”;

10. The foregoing acts committed by the RESPONDENT

squarely fall within the purview of Article 286 of the Revised
Penal Code of the Philippines, to wit;

"Art. 286. Grave Coercion. — The penalty of prision

correccional and a fine not exceeding Six thousand pesos shall
be imposed upon any person who, without any authority of
law, shall, by means of violence, threats or intimidation,
prevent another from doing something not prohibited by
law, or compel him to do something against his will,
whether it be right or wrong. (Emphasis supplied)

"If the coercion be committed in violation of the exercise of

the right of suffrage, or for the purpose of compelling
another to perform any religious act, to prevent him from
exercising such right or from so doing such act, the penalty
next higher in degree shall be imposed."

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 11. The elements of grave coercion under Article 286 of the
Revised Penal Code are as follows: (i) that a person is
prevented by another from doing something not prohibited
by law, or compelled to do something against his will, be it
right or wrong; (ii) that the prevention or compulsion is
effected by violence, threats or intimidation; and (iii) that the
person who restrains the will and liberty of another has no
right to do so, or in other words, that the restraint is not made
under authority of law or in the exercise of any lawful right;

12. Anchoring on the foregoing, the first element is present in

this case. Respondent compelled us to vacate the parcel of
land. I am perfectly within my rights to conduct farming
activity on the premises considering I am in lawful
possession. On the other hand, Respondent only has a piece
of paper he alleged to be a TCT of the property registered
under his name.

13. The second element is likewise present. Respondents pointed

firearms toward us obviously in order to intimidate us to
comply with their orders.

14. Lastly, Respondent had no right to compel us to vacate the

parcel of land. In fact, Respondent has no claim to the subject
land since he is neither an owner nor possessor of the same.
Even if he has such claim, he has no lawful order from the
court or authorities to compel us to vacate the area.

15. Accordingly, I am executing this Complaint-Affidavit for the

purpose of attesting the truth of the foregoing statements and
to charge the RESPONDENT CARDO B. TARUN with the
crime of Grave Coercion under the Revised Penal Code of the
Philippines.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my

signature this _________________________ at __________________________.

JADE A. MANUELA
Complainant

SUBSCRIBED AND SWORN to before me this ____ day of ____________ in

_______________________.

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 Administering Officer

CERTIFICATION

This is to certify that I have personally examined the affiant and I am

satisfied that he voluntarily executed and understood his Affidavit.

Administering Officer

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