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the noise at the door that it was being pushed open by someone bent upon forcing his way into the room. The defendant, fearing that the intruder was a robber or a thief, leaped to his feet and called out: If yo u enter the room, I will kill you. He was struck just above the knee by the edge of the chair and he thought that the blow had been inflicted by the person who had forced the door open, whom he supposed to be a burglar. Seizing a common kitchen knife which he kept under his pillow, the defendant struck out wildly at the intruder who, it afterwards turned out, was his roommate. The roommate eventually died. ISSUE: Whether or not Ah Chong is liable for the death of his roommate. HELD: NO. Ah Chong was acquitted. RATIO: The decision of the lower court was reversed. The case was a mistake of fact resulting to self -defense justified under Article 11(1) of the Revised Penal Code where there is (1) unlawful aggression, (2) reasonable necessity of the means employed to prevent or repel it, and (3) lack of sufficient provocation on the part of the person defending himself. Had the deceased be a robber as he thought, his actions would not be criminally liable. Some maxims cited: Actus non facit reum nisi mens sit rea, the act itself does not make man guilty unless his intention were so; Actus me incito factus non est meus actus, an act done by me against my will is not my act;
People v Oanis
Facts: Chief of Police Oanis and his co-accused Corporal Galanta were under instructions to arrest one Balagtas, a notorious criminal and escaped convict, and if overpowered, to get hi dead or alive. Proceeding to the suspected house, they went into a room and on seeing a man sleeping with his back toward the door, simultaneously fired at him with their revolvers, without first making any reasonable inquiry as to his identity. The victim turned out to be an innocent man, Tecson, and not the wanted criminal.. Held: Both accused are guilty of murder Ratio: Even if it were true that the victim was the notorious criminal, the accused would not be justified in killing him while the latter was sleeping. In apprehending even the most notorious criminal, the law does not permit the captor to kill him. It is only when the fugitive from justice is determined to fight the officers of law who are trying to capture him that killing him would be justified.
Facts:
Chief of Police Antonio Oanis and Corporal Alberto Galanta were instructed by the Constabulary Provincial Inspector to arrest the escaped convict, Anselmo Balagtas, with bailarina named Irene, and if overpowered, to get him dead or alive. Upon arrival at the place where Irene could be found, Oanis approached and asked Brigada Mallare where Irene's room was. Brigada indicated the room and said that Irene was sleeping with her paramour. Oanis and Galanta then went to the room and upon seeing a man sleeping with his back towards the door, they simultaneously fired at him. Shocked by the entire scene, Irene fainted. It turned out later that the man shot and killed was not Balagtas but an innocent man named Serapio Tecson, Irene's paramour. Issue: Whether or not Oanis and Galanta can be held responsible for Tecson's death. Held: Yes Ratio: No unnecessary or unreasonable force shall be used in making an arrest, and the person arrested shall not be subject to any greater restraint than is necessary for his detention. A peace officer cannot claim exemption from criminal liability if he uses unnecessary or unreasonable force in making an arrest. Through impatience of desire to take chances, Oanis and Galanta have exceeded in the fulfillment of their duty by killing the person whom they believed to be Balagtas without any resistance from him and without making any previous inquiry as to his identity.
CASE DIGEST ON INTOD V. CA [215 SCRA 52 (1992)] Facts: Intod and company were tasked to kill Palang-pangan due to land dispute. They fired at her room. However, she was in another city then thus they hit no one. Issue: WON he is liable for attempted murder? Held: No. Only impossible crime. In the Philippines, Article 4(2) provides and punishes an impossible crimean act which, were it not aimed at something quite impossible or carried out with means which prove inadequate would constitute a felony against person or family. Its purpose is to punish criminal tendencies. There must either be (1) legal responsibility, or (2) physical impossibility of accomplishing the intended act in order to qualify the act as an impossible crime. Legal impossibility occurs where the intended acts even if completed, would not amount to a crime. Thus: Legal impossibility would apply to those circumstances where: (1) The motive, desire and expectation is to perform an act in violation of the law; (2) There is no intention to perform the physical act; (3) There is a performance of the intended physical act; and (4) The consequence resulting from the intended act does not amount to a crime. Factual impossibility occurs when extraneous circumstances unknown to actor or beyond control prevent consummation of intended crime.
Factual impossibility of the commission of the crime is not a defense. If the crime could have been committed had the circumstances been as the defendant believed them to be, it is no defense that in reality, the crime was impossible of commission. Legal impossibility on the other hand is a defense which can be invoked to avoid criminal liability for an attempt. The factual situation in the case at bar presents a physical impossibility which rendered the intended crime impossible of accomplishment. And under Article 4, paragraph 2 of the Revised Penal Code, such is sufficient to make the act an impossible crime.
People v. Kalalo GR Nos. L-39303-39305 March 17, 2009 FACTS: On November 10, 1932, the appellants, namely, Felipe Kalalo, Marcelo Kalalo, Juan Kalalo and Gregorio Ramos, were tried in the Court of First Instance of Batangas, together with Alejandro Garcia, Fausta Abrenica and Alipia Abrenica in criminal cases Nos. 6858, 6859 and 6860, the first two for murder, and the last for frustrated murder. Upon agreement of the parties said three cases were tried together and after the presentation of their respective evidence, the said court acquitted Alejandro Garcia, Fausta Abrenica and Alipia Abrenica, and sentenced the other appellants. Prior to the commission of the three crimes, the appellant Marcelo Kalalo and Isabel Holgado, the latter being the sister of one of the deceased, had a litigation over a parcel of land situated in the barrio of Calumpang in the municipality of San Luis, Batangas. Kalalo filed two complaints against the said woman in the Court of First Instance of Batangas, alleging that he, Kalalo cultivated the land in question during 1931 and 1932 but that, when harvest time came Isabela Holgado reaped all that had been planted thereon. Both complaints were dismissed. On October 1, 1932, Isabela Holgado and her brother Arcadio Holgado, one of the deceased, ordered the plowing of the disputed land and employed several laborers for that purpose. Marcelo Kalalo, upon learning about it, went to the place accompanied by his brothers and Felipa and Juan, his brotherin-law Gregorio Ramos and by Alejandro Garcia. They were all armed with bolos and upon arriving at the place, they ordered the workers to stop. Having been informed of the cause of the suspension of the work, Marcelino Panaligan, one of the deceased, ordered the laborers to continue the work. At this point, Marcelo Kalalo approached Arcadio and the other appellants approached Marcelino Panaligan and they all simultaneously struck with their bolos. Arcadio Holgado and Marcelino Panaligan died instantly from the wounds received. After the two had fallen, Marcelo Kalalo took the revolver that Marcelino Panaligan carried, and fired four shots at Hilario Holgado who was then fleeing from the scene in order to save his own life. ISSUE: WON the appellants are guilty of murder or of simple homicide in each of the cases. HELD: It is true that under article 248 of the Revised Penal Code, which defines murder, the circumstance of abuse of superior strength, if proven to have been presented, raises homicide to the category of murder;but it is also to be borne in mind that the deceased were also armed, one of them with a bolo, and the other with a revolver. The risk was even for the contending parties and their strength was almost balanced because there is no doubt but that, under circumstances similar to those of the present case, a revolver is as effective as, if not more than three bolos. For this reason, this court is of the opinion that the acts established in cases Nos. 6858 and 6859 (G.R. Nos. L-39303 and 39304, respectively), merely constitute two homicides.
As to the third case, the evidence shows that Marcelo Kalalo fired four successive shots at Hilarion Holgado while the latter was fleeing from the scene of the crime in order to be out of reach of the appellants and their companions and save his own life. The fact that the said appellant, not having contended himself with firing only once, fired said successive shots at Hilarion Holgado, added to the circumstance that immediately before doing so he and his co-appellants had already killed Arcadio Holgado and Marcelino Panaligan, cousin and brother-in-law, respectively, of the former, shows that he was then bent on killing said Hilarion Holgado. He performed everything necessary on his pat to commit the crime that he determined to commit but he failed by reason of causes independent of his will, either because of his poor aim or because his intended victim succeeded in dodging the shots, none of which found its mark. The acts thus committed by the said appellant Marcelo Kalalo constitute attempted homicide. Valenzuela vs. People G.R. No. 160188. June 21, 2007 Petitioner: Aristotel Valenzuela Respondents: People of the Philippines and Hon. Court of Appeals Ponente: J. Tinga
freely dispose the property stolen since he has already committed all the acts of execution and the deprivation from the owner has already ensued from such acts. Therefore, theft cannot have a frustrated stage, and can only be attempted or consummated.