The evidence of prosecution establishes that Fredeswindo Eduarte, suspectingthat his wife was having an illicit affair with another man, got a scissor. Upon
seeing his intention, Roberto (Fredeswindo’s brother
-in-law) tried to pacify him.However, instead of being appeased, Fredeswindo thrusted the scissor toRoberto. Thereafter, Roberto drove his jeep to seek the help of policemen. Onthe way back, he saw Fredeswindo lying flat on the road so he stopped andalighted to help. Just when Roberto was in the act of extending assistance,
Florentino Eduarte, Fredeswindo’s brother, shot him, which caused his death.
Not long after, the police authorities arrived and the place and looked for Florentino, but failed to locate him.
On the other hand, the defense, in its counter-statement of facts, relates thatwhen Fredeswindo confronted his wife, Roberto butted in and berated him whichresulted to an exchange of words leading to altercation. Fredeswindo defendedhimself by grasping a scissor from his back and thrusting it against his assailant.
When Roberto’s wife saw this, she sought the help of Roberto’s three brothersand they ganged up on Fredeswindo. Julie Eduarte, Fredewindo’s brother, saw
this and thereafter sought the help of their other brother, Florentino Eduarte.When Florentino arrived at the place of incident, he saw Roberto clubbing hisbrother who was lying, face downward and his shirt soaked with blood.
The accused-appellant maintains that he is innocent of the crime as chargedinvoking the justifying circumstance of defense of relatives. Instead of making anassignment of errors, the accused-appellant states that the trial court wasconfronted with two conflicting versions, one asserting that Roberto Trinidad wasshot while assisting Fredeswindo Eduarte and the other stating that Roberto wasshot while clubbing Fredeswindo. In both cases, the appellant states that defenseof relative should be appreciated.
ISSUE: Whether the defense of relatives under Article II, sub paragraph (2) of theRevised Penal Code can be invoked by the accused-appellant in his favor.RULE:
Article II, subparagraph 2 of the Revised Penal Code provides that:
2. Anyone who acts in defense of the person or rights of his spouse, ascendants,descendants, or legitimate, natural or adopted brothers or sisters, or of his relatives byaffinity in the same degrees and those by consanguinity within the fourth civil degree,provided that the first and second requisites prescribed in the next precedingcircumstances are present, and the further requisite, in case the provocation was givenby the person attacked, that the one making defense had no part therein.