brought them to Cabaag.

Ro|aes tod Cabaag to stop weedng but she

nssted on her rght to stay n the sad ot. Whe n squattng poston,
Cabaag was grabbed by Ro|aes who twsted her rght arm and wrested the
trowe she was hodng. Vaderey hed her eft hand and together Ro|aes
forcby dragged her towards a banana pantaton whe Casp stood nearby,
wth a drawn gun. Cabaag shouted, "Ina ko po! Ina ko po!" and was heard
by some neghbors. Zoo Rvera, head of the tenant organzaton to whch
Cabaag was affated, went wth them on ther way to the muncpa
budng. Upon arrva, Cabaag was turned over by Ro|aes and Vaderey to
the pocemen on duty, who nterrogated her. But upon representatons
made by Rvera, she was reeased and aowed to go home. Cabagan then
fed a compant chargng Casp, Ro|aes and Vaderey of the crme of
"grave coercon."
The Court of Frst Instance of Batangas found them guty as charged. On
appea, The Court of Appeas affrmed the tra courts decson.
lSSUE: Whether or not the force empoyed by Casp and others, n the
exercse of hs rght granted by Artce 429, s reasonaby necessary to repe
or prevent an actua or threatened unawfu physca nvason or usurpaton
of hs property.
HELD: No. Casp was not even entted to the rght granted by Artce 429.
Ths s totay nappcabe to the case, for, havng been gven 20 days from
|une 6th wthn whch to vacate the ot, Cabaag dd not, on |une 17th and
wthn sad perod, nvades or usurps the sad ot. She had merey remaned
n possesson thereof, even though the hacenda owner may have become ts
co-possessor by reason of the pror order of the |ustce of Peace Court of
Nasugbu. Casp and others dd not repe or prevent an actua or threatened
physca nvason or usurpaton. They expeed Cabaag from a property
whch she and her husband were n possesson, despte the fact that the
Sherff had expcty authorzed Guevarra and Cabaag to stay n sad
property up to |une 26th, and had expressed the vew that he coud not oust
them wthout a |udca order. It s cear, therefore, that Casp, Ro|aes and
Vaderey, by means of voence, and wthout ega authorty, had prevented
the companant from dong somethng not prohbted by aw (weedng and
beng n Lot 105-A), and compeed her to do somethng aganst her w
(stoppng the weedng and eavng sad ot), whether t be rght or wrong,
thereby takng the aw nto ther hands, n voaton of Artce 286 of the
Revsed Pena Code.
People of the Philippines v. Pletcha
G.R. No. 19029-CR, ]une 27, 1977, 22 CA Rep. 807
Sison, ].
FACTS: Tto Petcha, |r., farmer, nvokng sef-hep n defense of the and he
nherted from hs father 19 years ago aganst the workers of Radeco
Corporaton, who wthout court order, were constructng a fence n a
hacenda aegedy eased by the corporaton from a certan Lopnco.
Camng actua possesson and ownershp and beevng that the and sought
to be fenced was an ntegra part of the and he nherted, Petcha asked the
group to desst from fencng pendng a resurvey he proposed, but he was
totay gnored, thus he fought off and prevented the workers. As a resut of
!"