Republic of the Philippines

Department of Justice
OFFICE OF THE CITY PROSECUTOR
Tabaco City

APEC represented by ELICIAR BRON,

Complainant,

-versus- NPS. NO. V-07-INV-16B-00020

For: Grave Coercion

JONATHAN CASQUEJO BONGARES,

Respondent.

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RESOLUTION

For resolution is a complaint filed in this Office by Albay Power and

Energy Corporation (APEC) represented by Eliciar L. Bron against Jonathan C.
Bongares for Grave Coercion as defined and penalized under Art. 286 of the
Revised Penal Code.

Attached to the complaint is a Special Power of Attorney issued by APEC

authorizing Bron to represent the said corporate entity in the filing and
prosecution of the abovementioned criminal action.

Subpoena was issued on February 23, 2016 for the respondent to file his
Counter-Affidavit and for him to appear for a clarificatory hearing on March 16,
2016. The subpoena was received by respondent on March 3, 2016 but he failed
to appear and to file his Counter-Affidavit within the reglamentary period.

Sometime on November 5, 2015, APEC personnel headed by Eliciar Bron

together with NBI agents, PNP personnel from Albay Provincial Police Office,
and Tabaco City PNP, headed to Moran Estate Subdivision, Matagbac, Tabaco
City to conduct a massive paint removal from APEC electric meters at the said
place. It is alleged that the electric meters were painted with colored paints by
ALECO strikers to sabotage the operation and collection activities of APEC.
Resolution
APEC vs. Bongares
NPS. NO. V-07-INV-16B-00020
For: Grave Coercion
Page 2 of 5

At around 10:00 o’clock in the morning of the same date, ALECO strikers
also arrived and allegedly started to provoke and harass APEC personnel by
shouting defamatory remarks and even challenged the APEC personnel to a
fight. The strikers just left the area after they noticed that no one minded Alex
Valladolid, the leader of the group. Only respondent Jonathan Bongares was left
behind. It was him who approached and shouted at Roger Medalla, the assistant
team leader of the APEC Apprehension Team with “Deputa ka Medalla grabe na
gibo nindo, tigbakon taka!” Armed with a stone, Bongares also attempted the stone
at Medalla but the latter was able to ward off respondent’s right hand.

Because of the commotion, two PNP personnel from Albay PPO

intervened and arrested respondent in order to prevent him from inflicting
further harm.

Article 286 of the Revised Penal Code provides:

“Article 286. Grave coercions.—The penalty of prision

correccional and a fine not exceeding 6,000 pesos shall be
imposed upon any person who, without 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.
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 or to
prevent him from exercising such right or from so doing
such act, the penalty next higher in degree shall be
imposed.

For grave coercion to lie, the following elements must be established:

1. 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;
Resolution
APEC vs. Bongares
NPS. NO. V-07-INV-16B-00020
For: Grave Coercion
Page 3 of 5

2. That the prevention or compulsion is effected by violence, threats, or

intimidation; and
3. 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.1

Thus, the issue beforehand is whether there is probable cause to hold

respondent Jonathan Bongares liable for the offense of Grave Coercion.

With regard to the first element, nothing in the allegations show that
APEC personnel or its leaders Eliciar Bron and Roger Medalla were prevented by
respondent Jonathan Bongares from doing something or compelled to do
something. In the complaint affidavits executed by Bron and Medalla, they allege
that several ALECO strikers including the respondent went to Moran Estate
Subdivision, Matagbac, Tabaco City where they were conducting massive paint
removal of APEC electric meters. The strikers led by Valladolid were allgedly
shouting defamatory remarks to APEC personnel and soon left the area. Only the
respondent was left behind and it was him who shouted at Medalla with “Deputa
ka Medalla grabe na gibo nindo, tigbakon taka!”

From these facts, one can conclude that no one is prevented or compelled
by respondent to do something. It must be noted that APEC personnel were at
the area as the Apprehension Team formed by APEC to remove the paints in the
electric meters. The presence of Bongares; him shouting and attempting to hurl
the stone at Medalla did not in any way prevent the APEC personnel from doing
what they were tasked to do and neither were they compelled to do something
against their will. Hence, the first element of grave coercion is not met.

The first element being absent, the offense of grave coercion could not be
established. This however, does not mean that respondent Bongares is free from
any criminal liability. He may be liable for another offense under Article 282 of
the Revised Penal Code which provides:

1
Sy vs. Secretary of Justice, G.R. No. 166315, December 14, 2006.
Resolution
APEC vs. Bongares
NPS. NO. V-07-INV-16B-00020
For: Grave Coercion
Page 4 of 5

“Art. 282. Grave threats.—Any person who shall threaten

another with the infliction upon the person, honor, or
property of the latter or of his family of any wrong
amounting to a crime, shall suffer:

1. The penalty next lower in degree than that prescribed

by law for the crime he threatened to commit, if the
offender shall have made the threat demanding money
or imposing any other condition, even though not
unlawful, and said offender shall not have attained his
purpose, the penalty lower by two degrees shall be
imposed.
If the threat be made in writing or through a
middleman, the penalty shall be imposed in its
maximum period.
2. The penalty of arresto mayor and a fine not exceeding
500 pesos, if the threat shall not have been made
subject to a condition.

From the abovementioned provision, Bongares could be indicted under

the second paragraph of Article 282. The utterance of respondent “Deputa ka
Medalla grabe na gibo nindo, tigbakon taka!” is clearly a threat upon the person of
Medalla.

It however appears from the records that Medalla and Bongares have not
submitted themselves to barangay conciliation as required by the Katarungang
Pambarangay Law.

WHEREFORE, the undersigned finds probable cause against Jonathan C.

Bongares and recommends that an Information for the crime of Grave Threats
under Article 282 of the Revised Penal Code be filed against the named
respondent herein.

BAIL NOT REQUIRED

Resolution
APEC vs. Bongares
NPS. NO. V-07-INV-16B-00020
For: Grave Coercion
Page 5 of 5

SO RESOLVED.

Tabaco City, Philippines. March 30, 2016.

MARIANNE T. VERGARA-BORAGAY
Associate Prosecution Attorney II
Roll of Attorneys No. 63037
MCLE Compliance No: Newly Passed Lawyer

APPROVED:

VINCENT B. BERMAS
City Prosecutor

Copy Furnished:

Atty. Arnulfo Cabredo

Jonathan Bongares
Tayhi St., Tabaco City