Summary of Criminal Law 1 Cases for Article 11 RPC Justice Cabotaje Tang

REVISED PENAL CODE Article 11: Justifying Circumstances Cases Summarized

TITLE Exequiel Senoja vs. People Callejo, Sr., J. 19 October 2004

CHARACTERS

FACTS

SELF-DEFENSE Leon Lumasac – died Hut Miguel Lumasac – Two-phased event; drunk; Senoja sided brother of the with Miguel instead of Leon; kolonyal deceased knife

People vs. Victoriano M. Abesamis Corona, J. 28 August 2007

Ramon Villo – spotter Rodel Abesamis – brother of the accused Rogelio Mercado – opponent of Victoriano

Rotation/ Billiards Spotter scored the last ball to the wrong player which resulted to fist-fight then to stabbing in the chest using a butcher’s knife; Ford Fiera; Andok’s; Villo died.

People vs. Hever Paulino Ynares-Santiago, J. 18 November 2003

Leonarda Paulino – aunt of the accused Mylene and Joy – daughters of Leonarda

People vs. Clemente Casta Brion, J. 16 September 2008

Danilo Camba – died *They were four (including Camba) walking when the stabbing happened

Rock/ Glass of water Leonarda gave Hever water then asked him to go home because his father might be looking for him; Leonarda and Joy fetched Mylene in granny’s house; Hever two meters behind threw stone at Leonarda’s head causing unconsciousness; brought to two hospitals; fatal, no surgical intervention could save her; died due to heart attack and traumatic injury. Pangasinan Out of nowhere, Casta stabbed Camba near the heart with a double-bladed knife. (Casta’s version: he was boxed by a person he did not know, who happened to be Camba, and walked away after noticing that his knife is already coated with blood)

Peter Tarapen vs. People Chico-Nazaro, J. 28 August 2008

James Pangoden – flower vendor; died Virginia Costales – eggplant vendor Jimmy Pugoy – driver Edmond Ferrer – garbage picker

Dump Truck/ Shovel Hilltop Market; overran-eggplants thrown to Pangoden’s flowers = angered him; altercation; Tarapen hit Pangoden twice in the head with a steel shovel from Ferrer then ran away; brought to two hospitals; after operation, brought home – no chance to live; (Tarapen’s version: he was helping an old woman carry the sack when all of sudden Pangoden punch him on the right ear which resulted to hearing loss [med: could have started years before])

RULING RTC – Homicide CA – Homicide SC – Homicide *Unlawful aggression had ceased after the aggressor walked away in the first phase RTC – Homicide CA – Murder (qualified by treachery because the victim was unarmed and defenseless) SC – Murder; Parole denied *No unlawful aggression *Nature of the wounds inflicted = intent to kill RTC – Murder (qualified by treachery because the victim was unarmed and defenseless); reclusion perpetua SC – Affirmed in toto *Testimony of the daughter was credible *No unlawful aggression on the part of the victim RTC – Murder (qualified by treachery because the victim was unarmed and defenseless) CA – Murder SC – Murder; modified the award of damages *Prosecution’s witnesses were credible; no motive to falsely testify *No unlawful aggression. In fact, Casta was the aggressor *Sudden and surprise attack Initially charged with frustrated homicide but Pangoden died later after filing a complaint with RTC RTC – Homicide CA – Homicide SC – Homicide

Nemrod Gotis vs. People Velasco, Jr., J. 14 September 2007

Serafin Gotis – died Nahom Gotis – Nemrod’s brother, owner of the house

Coco Plantation Used bolo; two-phased event; not a continuing circumstance because Serafin ran away

Noel Guillermo vs. People Brion, J. 30 June 2008

Winnie Alon – died Vicente Alon – was hit by two beer bottles Arnel Socias – challenged by Winnie Joemar Palma – conspirator Brigido Tomelden – died

Chainsaw/ Bar-resto Alon challenged Arnel Socias in cutting of woods; altercation; Guillermo hugged Winnie and stabbed him 3x on the neck with balisong (Batangas knife), Joemar helped in stabbing once

Rodel Urbano vs. People Velasco, Jr., J. 20 January 2009

US vs. Jose Laurel

People vs. Narciso Cabungcal

People vs. Dioscoro Alconga - guard

People vs. Remedios Dela Cruz

Lucky Punch Drunk beer in a restaurant; Urbano reacted on Tomelden’s insults; fistfight where Urbano landed a “lucky punch” which causes Tomelden’s nose to bleed; back and forth to the hospital due to dizziness and vomiting, etc… then died Exequiel Castillo – Kiss alive “Nakaw na halik”; Laurel asked about Concepcion Lat – his letters to Concepcion; Laurel struck Lucio Villa – caught Castillo twice with a knife, one in the Laurel chest; Castillo used his cane as defense; (Laurel’s version: Laurel with cousins; Laurel was informed that Castillo wanted to talk to him; met and Laurel was asked about the kiss; Concepcion was “fickle and prodigal”; Castillo hit Laurel with his cane; Laurel knifed back and run but was caught) Juan Loquenario – Boat died Picnic; boat steered by Cabungcal Anastasia Penaojas – includes 9 persons (with his wife and steering the other boat son); rocked the boat – do not do it; rocked the boat 2 – struck the ear with an oar – fell onto the water; rocked the boat – struck the neck with the same oar – submerged but never surfaced again Silverio Barion – died Blackjack/ Breakfast Maria Raposo – Teamwork happened between Barion opponent and Raposo; “Here’s your brekky!” with a swing of pingahan; bang1 – avoided, bang2 – failed, bang3 – fired back; Barion got his dagger and directed a blow but was blocked by Alconga with his bolo; fistfight; Barion’s flight but Alconga followed and struck a mortal bolo blow on Barion’s head…died. Francisco Rivera – Wake fiancé, died Dark; stabbed Rivera in the chest – right to honor – using a pocket knife; (Bautista’s version: sudden blow under the guava tree due to jealousy as against Felicisima Sincaban)

RTC – Homicide CA – Homicide; provocation denied as mitigating circumstance (mc) SC – Homicide; provocation granted as mc RTC – Homicide CA – Homicide SC – Homicide *Incomplete self-defense (unreasonable necessity of means) RTC – Homicide CA – Homicide SC – Homicide *Lucky punch established as the proximate cause of death *Provocation as mitigating circumstance CFI – Frustrated Murder SC – Acquitted *Self-defense because Castillo instigated the fight using his cane

CFI – Homicide SC – Acquitted *Defense of relatives and strangers

CFI – Homicide SC – Homicide *Two-phased event *Flight of adversary *Provocation as mitigating circumstance

CFI – Homicide SC – Acquitted *Self-defense as the right to honor *Mistake of fact (US vs Ah Chong)

People vs. Avelina and Nicolas Jaurigue De Joya, J. 21 February 1946

Amado Capina – died Lieutenant Lozada

People vs. Jose Encomienda Makasiar, J. 18 August 1972 People vs. Cunigunda Boholst-Caballero Munoz Palma, J. 25 November 1974

Severino Cabral – died No witnesses Francisco Caballero – husband of the accused, died

People vs. Virgilio Caabay Callejo, Sr., J. 25 August 2003

People vs. Salva (Brothers) Quisumbing, J. 10 January 2002

Jovito Cabuslay vs. People

Doroteo Tobes vs. People Pardo, J. 05 October 2001

People vs. Jesus G. Retubado

Church Fan knife

Wooden Box Cabral – revolver Encomienda – Bolo Carolling Canigunda thrust the aggressor husband with a hunting knife from the latter’s pocket Position of the wound: husband’s left side above the thigh NOT at the back DEFENSE OF RELATIVE Paulino and Aliguer Land dispute Urbano – father and Bolo son, died Piece of wood Adelina Urbano – mother Caabay Brothers: Esteban, Rodrigo, Valentino, Isidro Palmero Milanes – Jeepney driver, died Knife SPO1 Mariano Cura Revolver – stabbed in the stomach, alive Ferdinand – strangle Alexander – shoot Rolito–no participation DEFENSE OF STRANGER Paquito Umas-as – Hammer vendor of jacket, etc. Motorcycle Rider Regencia – M-16 checkpoint, asked for the ID Canay, Cabuslay, Montebon, and Cane Joel Escareal – died AM Disco House Wilfredo Pollentes – Two-phased event: (1) Pollentes vs flight, first aggressor Escareal – aggressor Pollentes shot by Escareal after he boxed the latter then ran away; (2) Escareal vs Tobes – Tobes shot Escareal when there was no more aggression on the part of the latter STATE OF NECESSITY Emmanuel Canon Jr. Pedicab/ Special Child – pulled the prank Revolver Emmanuel Sr. – died Norberta Canon – wife Edwin Retubado – mentally-illed brother

CFI – Murder SC – Homicide *Self-defense as the right to honor – debunked *Mitigating circumstances: surrendered, admitted the killing, and no intention to kill CFI – Murder SC – Acquitted *Self-defense CFI – Parricide SC – Acquitted *Self-defense

RTC – Two counts of murder; death CA – Affirmed SC – Two counts of murder; reclusion perpetua (qualifying circumstance of abuse of superior strength) *Defense of a relative – debunked RTC – (A) Murder, (F) Homicide, (R) Acquitted SC – (A) Homicide, (F) Frustrated Homicide *RTC – (A) Frustrated Homicide, (F&R) Acquitted *SC – (A) Frustrated Homicide Sandiganbayan – Homicide SC – Homicide *No reasonable necessity and unlawful aggression

RTC – Homicide CA – Homicide SC – Homicide

RTC – Murder SC – Homicide (no treachery)

Pat. Edgardo Herrera and Pat. Redentor Mariano vs. Sandiganbayan

Rufino Mamangun vs. People

People vs. Rolando Dagani and Santiano

Luis Tabuena and Adolfo Peralta vs. People Francisco, J. 17 February 1997

FULFILLMENT OF DUTY Shi Shu Yang and Solicitation/ Binoculars George Go Twenty Pesos and two shirts Cristina Winterhalter – Timothy Street, Muntinational Village, witness, binoculars Paranaque Mariano – driver, note Herrera – passenger’s seat, sure shot, brought the cadaver back in the car Barrera – banger, brought the victims out Alcalde – brought the victims out Diaz and Cruz – other Rooftop policemen whom Steel bar Mamangun were with “Hindi ako, hindi ako!” during the search Contreras – died Ayson – witness Ernesto Javier – died PNR Santiano shot Javier COMPLIANCE WITH SUPERIOR ORDER Manila International Tabuena + Dabao = 25M Airport Authority Tabuena + Dabao = 25M Tabuena – general Tabuena + Peralta = 5M manager Memorandum Peralta – acting MIAA’s obligation to PNCC finance services manager Gerardo Dabao – assistant general manager Philippine National Construction Corporation (PNCC) President Marcos – superior Mrs. Gimenez – secretary of PMarcos

Sandiganbayan – Two counts of Murder (Herrera and Mariano appealed invoking self-defense) SC – Two counts of Murder *Unlawful aggression wasn’t established; thus, the other requisites cannot stand

Sandiganbayan – Homicide SC – Homicide

RTC – Murder CA – Murder SC – (S) Homicide; (D) Acquitted (no conspiracy) Sandiganbayan – Malversation of Funds SC – Acquitted *Order by a superior *Mistake of fact committed in good faith *Liability should only be administrative or civil in nature NOT of criminal