G.R. No.

L-162

April 30, 1947

THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee,

vs.
DIOSCORO ALCONGA and ADOLFO BRACAMONTE, defendants. DIOSCORO
ALCONGA, appellant.
People v. Alconga
Facts:
On the night of May 27, 1943, in Mauricio Jepes' house in San
Dionisio, people were playing prohibited games. The deceased
Silverio Barion, the banker of black jack, was loosing to Maria de
Raposo because the accused Dioscoro Alconga was helping her by
communicating the cards of the deceased. Upon discovery of the
cheating, the deceased became angry and there was an exchange of
words between him and the accused. They almost hit each other if not
for the intervention of the maintainer. The deceased left,
threatening the accused, "tomorrow morning I will give you a
breakfast."
The deceased and the accused did not meet the next day. When the
accused was performing his duties as "home guard", the deceased came
along and, addressing the former, said, "Coroy, this is your
breakfast," then he tried to hit him. The accused avoided the blow
by crawling under the bench with the intention to runaway. He was
also avoided the second blow. The accused then managed to go out of
the guardhouse by crawling on his abdomen. While the deceased was in
the act delivering the third blow, the accused, while still in a
crawling position, fired at him with his revolver, causing him to
stagger and to fall to the ground. The deceased drew his dagger and
directed a blow at the accused, however, was able to dodge it with
his bolo. Then, there was a hand-to-hand fight. Having sustained
several wounds, the deceased ran away but was followed by the
accused. After running a distance of about 200 meters, the deceased
was overtaken, and another fight took place, during which the mortal
bolo blow caused the deceased to fall to the ground. The other
accused, Adolfo Bracamonte, arrived and, being the leader of
the "home guards" of San Dionisio, placed under his custody the
accused Alconga with the contention of surrendering him.
On their way to San Dionisio, the two accused were stopped by Juan
Collado, a guerrilla soldier. Adolfo Bracamonte turned over Alconga

to Collado who in turn took him to the headquarters. In the

afternoon of the same day, Collado delivered Alconga to Gregorio
Barredo, a municipal policeman of San Dionisio, together with the
weapons used in the fight: a revolver, a bolo, and a dagger.
Issue:
Whether or not the accused, Alconga, can invoke self-defense.
Ruling:
Alconga was found guilty of the crime of HOMICIDE.
Reason:
There were two stages in the fight:
First - commenced when the deceased assaulted appellant without
sufficient provocation on the part of the latter There was
unlawful aggression because he was being attacked. There was
employed reasonable necessity of means used to prevent it because,
as a security guard, he has in hand a revolver. There was no
sufficient provocation on his part.
Second stage when the deceased ran and was pursued by the accused.
When the deceased ran, it meant that the unlawful aggression
subsisted.

a
People vs. Alconga
Post under case digests, Criminal Law at Saturday, February 25, 2012 Posted
by Schizophrenic Mind
Facts: On May 27, deceased Silverio Barion, the banker of the card game, was
playing black jack against Maria De Raposo. De Raposo and Alconga
were partners in the game, they had one money. Alconga was seated behind Barion
and he gave signs to De Raposo. Barion, who was suffering losses in the game,
found this out and he expressed his anger at Alconga. The two almost fought
outright this was stopped.

The two met again on May 29. when Alconga was doing his job as a home guard.
While the said accused was seated on a bench in the guardhouse, Barion came
along and said Coroy, this is your breakfast followed by a swing of his pingahan,
a bamboo stick. Alconga avoided the blow by falling to the ground under the bench
with the intention to crawl out of the guardhouse. A second blow was given by
Barion but failed to hit the accused, hitting the bench instead. Alconga managed to
go out of the guardhouse by crawling on his abdomen. While Barion was about to
deliver the 3rd blow, Alconga fired at him with his revolver, causing him to stagger
and hit the ground. The deceased stood up, drew forth his dagger and directed a
blow to the accused who was able to parry the attackusing his bolo. A hand to
handfight ensued. The deceased, looking already beaten and having sustained
several wounds ran away. He was followed by the accused and was overtaken after
200 meters.

A second fight took place and the deceased received a mortal bolo blow, the one
which slasehde the cranium. The deceased fell face downward besides many other
blows delivered. Alconga surrendered.

Issue: Whether or not self-defense can be used as a defense by Alconga

Held: No. Self-defense cannot be sustained. Alconga guilty of Homicide

The deceased ran and fled w/o having to inflicted so much a scratch to Alconga, but
after, upon the other hand, having been wounded with one revolver shot and

several bolo slashes the right of Alconga to inflict injury upon him has ceased
absolutely/ Alconga had no right to pursue, no right to kill or injure. He could have
only attacked if there was reason to believe that he is still not safe. In the case at
bar, it is apparent that it is Alconga who is the superior fighter and his safety was
already secured after the first fight ended. There was no more reason for him to
further chase Barion. The second fight will be treated differently and independently.
Under the first fight, self-defense would have been valid, but that is not the case in
the second fight. In the second fight, there was illegal aggression on the part of
Alconga and as a result, he is found guilty of Homicide with no mitigating
circumstance (MC) of Provocation

Note Provocation in order to be an MC must be sufficient and immediately

preceding the act. It should be proportionate to the act committed and adequate to
stir one to its commission
EN BANC
[G.R. No. 129433. March 30, 2000]
PEOPLE OF THE PHILIPPINES, plaintiff, vs. PRIMO CAMPUHAN Y
BELLO, accused.
DECISION
Campuhan
G.R. No. 129433

March 30, 2000

Lessons Applicable: Attempted rape

Laws Applicable:
FACTS:
April 25, 1996 4 pm: Ma. Corazon P. Pamintuan, mother of 4-year old Crysthel
Pamintuan, went to the ground floor of their house to prepare Milo chocolate drinks
for her 2 children. There she met Primo Campuhan, helper of Conrado Plata Jr.,
brother of Corazon, who was then busy filling small plastic bags with water to be
frozen into ice in the freezer located at the second floor.
Then she heard Crysthel cry, "Ayo'ko, ayo'ko!" so she went upstairs and saw
Primo Campuhan inside her children's room kneeling before Crysthel whose
pajamas or "jogging pants" and panty were already removed, while his short pants
were down to his knees and his hands holding his penis with his right hand
Horrified, she cursed "P - t - ng ina mo, anak ko iyan!" and boxed him several
times. He evaded her blows and pulled up his pants. He pushed Corazon aside who

she tried to block his path. Corazon then ran out and shouted for help thus
prompting Vicente, her brother, a cousin and an uncle who were living within their
compound, to chase the Campuhan who was apprehended. They called the
barangay officials who detained.
Physical examination yielded negative results as Crysthel s hymen was intact
Campuhan: Crysthel was in a playing mood and wanted to ride on his back when
she suddenly pulled him down causing both of them to fall down on the floor.
RTC: guilty of statutory rape, sentenced him to the extreme penalty of death
Thus, subject to automatic review
ISSUE: W/N it was a consummated statutory rape
HELD: NO. MODIFIED. guilty of ATTEMPTED RAPE and sentenced to an indeterminate
prison term of eight (8) years four (4) months and ten (10) days of prision mayor
medium as minimum, to fourteen (14) years ten (10) months and twenty (20) days
of reclusion temporal medium as maximum. Costs de oficio.
People v. De la Pea: labia majora must be entered for rape to be consummated
Primo's kneeling position rendered an unbridled observation impossible
Crysthel made a categorical statement denying penetration but her vocabulary
is yet as underdeveloped
Corazon narrated that Primo had to hold his penis with his right hand, thus
showing that he had yet to attain an erection to be able to penetrate his victim
the possibility of Primo's penis having breached Crysthel's vagina is belied by
the child's own assertion that she resisted Primo's advances by putting her legs
close together and that she did not feel any intense pain but just felt "not happy"
about what Primo did to her. Thus, she only shouted "Ayo'ko, ayo'ko!" not "Aray ko,
aray ko!
no medical basis to hold that there was sexual contact between the accused and
the victim

PEOPLE OF THE PHILIPPINES,

G.R. No. 180914

Plaintiff-Appellee,
Present:

CORONA, C.J.,
Chairperson,
- versus -

VELASCO, JR.,

LEONARDO-DE CASTRO,
PERALTA,* and
PEREZ, JJ.

DOMINGO DOMINGUEZ, JR., alias

SANDY,
Accused-Appellant.

Promulgated:

November 24, 2010