Nothing Special   »   [go: up one dir, main page]
Scribd Logo
Upload

Welcome to Scribd!

  • 81 views

    11 Timoner Vs People 125 SCRA 830

    Uploaded by

    G-one Paisones
    The document summarizes a court case, Timoner v People, regarding whether the mayor of Daet, Mayor Timoner, was guilty of grave coercion for ordering the demolition of stalls in a highway after they were recommended for closure by the municipal health officer for non-compliance with health and sanitation requirements. The court held that Mayor Timoner was not guilty of grave coercion because removing public nuisances like the stalls was within his authority as mayor and not done through violence or against anyone's will.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd

    11 Timoner Vs People 125 SCRA 830

    Uploaded by

    G-one Paisones
    81 views1 page
    The document summarizes a court case, Timoner v People, regarding whether the mayor of Daet, Mayor Timoner, was guilty of grave coercion for ordering the demolition of stalls in a highway after they were recommended for closure by the municipal health officer for non-compliance with health and sanitation requirements. The court held that Mayor Timoner was not guilty of grave coercion because removing public nuisances like the stalls was within his authority as mayor and not done through violence or against anyone's will.

    Original Description:

    FSUU Crim Law-2 Finals

    Original Title

    11 Timoner vs People 125 SCRA 830

    Copyright

    © © All Rights Reserved

    Available Formats

    DOC, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    The document summarizes a court case, Timoner v People, regarding whether the mayor of Daet, Mayor Timoner, was guilty of grave coercion for ordering the demolition of stalls in a highway after they were recommended for closure by the municipal health officer for non-compliance with health and sanitation requirements. The court held that Mayor Timoner was not guilty of grave coercion because removing public nuisances like the stalls was within his authority as mayor and not done through violence or against anyone's will.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    81 views1 page

    11 Timoner Vs People 125 SCRA 830

    Uploaded by

    G-one Paisones
    The document summarizes a court case, Timoner v People, regarding whether the mayor of Daet, Mayor Timoner, was guilty of grave coercion for ordering the demolition of stalls in a highway after they were recommended for closure by the municipal health officer for non-compliance with health and sanitation requirements. The court held that Mayor Timoner was not guilty of grave coercion because removing public nuisances like the stalls was within his authority as mayor and not done through violence or against anyone's will.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    of 1

    11

    TIMONER v PEOPLE
    (125 SCRA 830)

    Facts:
    Petitioner is the mayor of the town of Daet in Camarines Norte. He ordered
    the demolition of the stalls in Maharlika Highway, even showing himself up in
    those stalls during the demolition, after these establishments had been
    recommended for closure by the Municipal Health Officer, Dra. Alegre; for non-
    compliance with certain health and sanitation requirements. Among the
    structures thus barricaded were the barbershop of Pascual Dayaon, the
    complaining witness and the store belonging to one Lourdes Pia-Rebustillos.

    Issue:
    Whether or not Mayor Timoner is guilty of grave coercion?

    Held:
    No.

    Ratio:
    Grave coercion is committed when "a person who, without authority of law,
    shall by means of violence, prevent another from doing something not prohibited
    by law or compel to do something against his will, either it be right or wrong." In
    the case at bar, the Mayor is not guilty of grave coercion as the element that the
    restraint made by the Mayor upon complainant, the owner of the barbershop
    considered as a public nuisance, was not made under authority of law or in the
    exercise of a lawful right, is absent.

    You might also like