1. US v. Ah Chong, GR No.

L-5272, March 19, 1910

a. Facts:
i. Defendant Ah Chong was employed as a cook at “Officer’s Quarters No. 27” at
Fort McKinley, Rizal.
ii. At the same place, deceased Pascual Gualberto, was employed as a house boy or
muchacho.
iii. No one slept in the house except the two servants, who jointly occupied a small
room toward the rear of the building. There was a narrow porch running along the
side the building. The door of the room had attached a small hook or catch on the
inside of the door, and were in the habit of reinforcing this somewhat insecure
means of fastening the door by placing against it a chair.
iv. On the night of August 14, 1908, at about 10 o'clock, the defendant, who had
received for the night, was suddenly awakened by some trying to force open the
door of the room. He sat up in bed and called out twice, "Who is there?"
v. He heard no answer and was convinced by the noise at the door that someone is
forcing his way into his room.
vi. Due to the heavy growth of vines along the front of the porch, the room was very
dark, and the defendant, fearing that the intruder was a robber or a thief, leaped to
his feet and called out. "If you enter the room, I will kill you."
vii. At that moment he was struck just above the knee by the edge of the chair which
had been placed against the door. In the darkness and confusion the defendant
thought that the blow had been inflicted by a burglar.
viii. 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,
Pascual.
ix. Pascual ran out upon the porch and fell down on the steps in a desperately wounded
condition, followed by the defendant, who immediately recognized him in the
moonlight. Seeing that Pascual was wounded, he called to his employers who slept
in the next house, No. 28, and ran back to his room to secure bandages to bind up
Pascual's wounds.
x. Prior to the incident, the defendant and the deceased were in amicable terms. They
had understanding that when either returned at night, he should knock at the door
and acquaint his companion with his identity. Pascual left the house early in the
evening and walk with his friends, Celestino Quiambao and Mariano Ibañez,
servants at Quarter No. 28. Going home, the two stopped in Quarter No. 28 while
Pascual went to No. 27. A few moments, they heard Pascual crying for assistance,
sitting on the back steps and fatally wounded in the stomach. One of them ran back
to No. 28 and called Lieutenant Jacobs and Healy who immediately went to aid
Pascual.
xi. Defendant Ah Chong admitted that he stabbed his roommate but said that he did it
under the impression that Pascual was a ladron because he forced open the door
despite warnings. Pascual was brought to military hospital where he died the
following day.
xii. Defendant was charged with the crime of assassination, was tried and found guilty
by the trial court of simple homicide with extenuating circumstances. Defendant
admitted the killing but he insisted that he has no intent to do a wrongful act, and
was in his lawful right of self-defense.
b. Issue:
i. Whether Ah Chong is criminally liable, who by reason of mistake of fact, does an
act which would exempt him from criminal liability were the facts were as he
supposed them to be, but which would constitute the crime of assassination or
homicide if defendant known the true state of facts at the time he committed the
act.
c. Ruling:
i. No. There is no criminal liability, provided always that the alleged ignorance or
mistake or fact was not due to negligence or bad faith.
ii. Under Article 8 of Penal Code (Exempt from criminal liability; self-defense) there
can be no doubt that defendant would be entitled to complete exception from
criminal liability for the death of the victim of his fatal blow, if the intruder who
forced open the door of his room had been in fact a dangerous thief or "ladron," as
the defendant believed him to be.
iii. But the evidence clearly discloses that the intruder was not a thief or a "ladron”
and that he was not in real danger, no unlawful aggression and no necessity for the
use of the knife.
iv.