Deniece Cornejo's Grandma Sues Vhong Navarro's Lawyer for Grave Coercion
Atty. Alma Mallonga and Florencia Cornejo. Photo taken from google. |
The legal drama of Vhong Navarro-Cedric Lee and Deniece Cornejo has ramified anew. This time is between the grandmother of the Deniece Cornejo and Vhong Navarro's lawyer Atty. Alma Mallonga.
Allegedly, Florencia Cornejo claimed that she was pushed by Mallonga after she saw her wearing a shirt that says, "Justice for Deniece, Jail the Rapist" (ABS-CBNnews.com).
So what constitutes the crime of grave coercion?
The Revised Penal Code defines the crime of grave coercion as:
Article 286. Grave Coercions. - The penalty of arresto mayor and a fine not exceeding 500 pesos shall be imposed upon any person, who without authority of law, shall, by means of violence, 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 for the purpose of compelling another to perform any religious act or to prevent him from so doing, the penalty next higher in degree shall be imposed.
Based on the definition of Grave Coercions, there are two ways on how the crime may be committed.
1. Grave coercion may be committed when the offender, without authority of law, shall, by means of violence, prevent another from doing something not prohibited by law.
In this kind of grave of coercion, the offender must not have any authority of law from preventing another of doing something not prohibited by law. The "something" which is to be prevented by the offender is not prohibited by law. The prevention shall be by means of violence.
2. Grave coercion may also be committed when the offender compel another to do something against his will, whether it be right or wrong.
In this kind of grave coercion, it does not matter whether the "something" which was compelled to be done by the offender be right or wrong. What is important is it was against the will of the offended party in doing that "something".
If the coercion be committed for the purpose of compelling another to perform any religious act or to prevent him from so doing, the crime of grave coercions become qualified. This is the sense that the penalty next higher in degree shall be imposed to the offender.
The penalty imposable to this crime is both imprisonment and a fine. It is clear in the provision of the law that both imprisonment and fine shall be imposed. However, it is only arresto mayor or imprisonment of 30 days and 1 day to 6 months and a fine of not exceeding 500 pesos.
The penalty may sound so minimal but the record of the offender once convicted shall forever be etched in his records for a lifetime.
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