[ G.R. No. L-229, August 29, 1946 ]
PEOPLE VS. LIM HO PENG.
D E C I S I O N
The complainant was in a carretela, which was stopped by the accused on a corner of Aurora Avenue bound for Grace Park. The accused was garbed in a guerilla uniform. Inside the carretela defendant told him to hand all his money and personal belongings, and
when complainant replied he had no money, the accused told him to stand up and searched his watch pocket, where the accused found P40 in paper currency which he took. The complainant allowed defendant to search him because the accused threatened to kill him. Moreover, the
accused kept on pushing him back and forth and looked as if he was going to strike the complainant. Although he did not see the accused carry any weapon, he was not certain the accused was unarmed. Nobody else but the driver was in the vehicle; he and the defendant talked in
Chinese. Afraid of the defendant's threats, he did not ask for help from the driver. After the accused got off at the corner of Blumentritt and Aurora Avenue, the carretela proceeded on its way to Grace Park with the complainant. Held: There is intimidation, as the acts
performed by the accused in their nature and by reason of the circumstances under which they were executed, inspired the offended party with fear and restricted and hindered the free exercise of his will.