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PEOPLE v. PEDRO T. VILLANUEVA

This case has been cited 1 times or more.

2004-09-27
TINGA, J.
It must appear that the threat that caused the uncontrollable fear is of such gravity and imminence that the ordinary man would have succumbed to it.[25] It should be based on a real, imminent or reasonable fear for one's life or limb.[26] A mere threat of a future injury is not enough.  It should not be speculative, fanciful, or remote.[27] A person invoking uncontrollable fear must show therefore that the compulsion was such that it reduced him to a mere instrument acting not only without will but against his will as well.[28] It must be of such character as to leave no opportunity to the accused for escape.[29]