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People vs. Pletcha

THE PEOPLE OF THE PHILIPPINES, PLAINTIFF AND APPELLEE, vs. TITO PLETCHA APPEAL from a judgment of the Court of First Instance, Bacolod, Negros Occidental. J.V. Presbitero, J. The fact are started in the opinion of the Court. Atty. Mercedes M. Respicio, for accused and appellant. Solicitor General Estelito P. Mendoza, Assistant Solicitor General Nathaniel P. De Pano, Jr., and Solicitor Conception T. Agapinan, for plaintiff and appellee.

G.R. 19029 | 1977-06-27

Sison, J.:

Tito Plecha, Jr., a civic-conscious farmer, invoking “self-help” in defense of the land he owns for 19 years, fought off and prevented a corporation’s crew of 8 men who without any court order was insisting to fence 4 hectares of his land, as a result of which resistance he was prosecuted and convicted of grave coercion (2 months and 1 day, P100 fine, cost) by the Municipal Court of Murcia, Negros Occidental in its decision dated Sept. 23, 1975.

Epitomizing his appeal on the protective mantle of Art. 429 of the Civil Code, appellant ask Us for a reversal, on the ground that the law give him as the owner the right...