People vs.

Narvaez, 121 SCRA 389 (1983) FACTS: Mamerto Narvaez has been convicted of murder (qualified by treachery) of David Fleischer and Flaviano Rubia. On August 22, 1968, Narvaez shot Fleischer and... Rubia during the time the two were constructing a fence that would prevent Narvaez from getting into his house and rice mill. The defendant was taking a nap when he heard sounds of construction and found fence being made. He addressed the group and asked them to stop destroying his house and asking if they could talk things over. Fleischer responded with "No, gadamit, proceed, go ahead." Defendant lost his "equilibrium," and shot Fleisher with his shotgun. He also shot Rubia who was running towards the jeep where the deceased's gun was placed. Prior to the shooting, Fleischer and Co. (the company of Fleischer's family) was involved in a legal battle with the defendant and other land settlers of Cotabato over certain pieces of property. At the time of the shooting, the civil case was still pending for annulment (settlers wanted granting of property to Fleisher and Co. to be annulled). At time of the shooting, defendant had leased his property from Fleisher (though case pending and ownership uncertain) to avoid trouble. On June 25, defendant received letter terminating contract because he allegedly didn't pay rent. He was given 6 months to remove his house from the land. Shooting was barely 2 months after letter. Defendant claims he killed in defense of his person and property. CFI ruled that Narvaez was guilty. Aggravating circumstances of evident premeditation offset by the mitigating circumstance of voluntary surrender. For both murders, CFI sentenced him to reclusion perpetua, to indemnify the heirs, and to pay for moral damages. ISSUES: 1. Whether or not CFI erred in convicting defendant-appellant despite the fact that he acted in defense of his person. No. The courts concurred that the fencing and chiselling of the walls of the house of the defendant was indeed a form of aggression on the part of the victim. However, this aggression was not done on the person of the victim but rather on his rights to property. On the first issue, the courts did not err. However, in consideration of the violation of property rights, the courts referred to Art. 30 of the civil code recognizing the right of owners to close and fence their land. Although is not in dispute, the victim was not in the position to subscribe to the article because his ownership of the land being awarded by the government was still pending, therefore putting ownership into question. It is accepted that the victim was the original aggressor. 2. WON the court erred in convicting defendant-appellant although he acted in defence of his rights. Yes. However, the argument of the justifying circumstance of self-defense is applicable only if the 3 requirements are fulfilled. Art. 11(1) RPC enumerates these requisites: Unlawful aggression. In the case at bar, there was unlawful aggression towards appellant's property rights. Fleisher had given Narvaez 6 months and he should have left him in peace before time was up, instead of chiseling Narvaez's house and putting up fence. Art. 536 of the Civil Code also provides that possession may not be acquired through force or intimidation; while Art. 539 provides that every possessor has the right to be respected in his possession Reasonable necessity of means employed to prevent or repel attack. In the case, killing was disproportionate to the attack. Lack of sufficient provocation on part of person defending himself. Here, there was no provocation at all since he was asleep Since not all requisites present, defendant is credited with the special mitigating circumstance of incomplete defense, pursuant to Art. 13(6) RPC. These mitigating circumstances are: voluntary surrender and passion and obfuscation (read p. 405 explanation) Crime is homicide (2 counts) not murder because treachery is not applicable on account of provocation by the deceased. Also, assault was not deliberately chosen with view to kill since slayer acted instantaneously. There was also no direct evidence of planning or preparation to kill. Art. 249 RPC: Penalty for homicide is reclusion temporal. However, due to mitigating circumstances and incomplete defense, it can be lowered three degrees (Art. 64) to arrestomayor. 3. WON he should be liable for subsidiary imprisonment since he is unable to pay the civil indemnity due to the offended party. No. He is not liable to be subsidiarily imprisoned for nonpayment of civil indemnity. RA 5465 made the provisions of Art. 39 applicable to fines only and not to reparation of damage caused, indemnification of consequential damages and costs of proceedings. Although it was enacted only after its conviction, considering that RA 5465 is favorable to the accused who is not a habitual delinquent, it may be given retroactive effect pursuant to Art. 22 of the RPC. Judgment: Defendant guilty of homicide but w/ mitigating circumstances and extenuating circumstance of incomplete self defense. Penalty is 4 months arresto mayor and to indemnify each group of heirs 4,000 w/o subsidiary imprisonment and w/o award for moral damages. Appellant has already been detained 14 years so his immediate release is ordered. Gutierrez, dissenting. Defense of property can only be invoked when coupled with form of attack on person defending property. In the case at bar, this was not so. Appellant should then be sentenced to prision mayor. However, since he has served more than that, he should be released.

People v. Estrada [GR 130487, 19 June 2000] En Banc, Puno (J): 13 concur, 1 on official leave Facts: On 27 December 27, 1994, Roberto Estrada y Lopez sat at the bishops chair while the sacrament of confirmation was being performed at the St. Johns Cathedral, Dagupan City. Rogelio Mararac, the security guard at the cathedral, was summoned by some churchgoers. Mararac went near Estrada and told him to vacate the Bishops chair. Mararac twice tapped Estradas hand with his nightstick. When Mararac was about to strike again, Estrada drew a knife from his back, lunged at Mararac and stabbed him, hitting him below his left throat. Mararac fell. Wounded and bleeding, Mararac slowly dragged himself down the altar. SP01 Conrado Francisco received a report of the commotion inside the cathedral, went inside the cathedral, approached Estrada who was sitting on the chair, and advised the latter to drop his knife. Estrada obeyed. However, when Chief Inspector Wendy Rosario, Deputy Police Chief, who was also at the confirmation rites, went near Estrada, Estrada embraced Rosario and two wrestled with each other. Rosario was able to subdue Estrada. Estrada was brought to the police station and placed in jail. Maranac expired a few minutes after arrival at the hospital. On 29 December 1994, Estrada was charged with the crime of murder for the killing of Mararac. On 6 January 1995, at the arraignment, the Public Attorneys Office, filed an Urgent Motion to Suspend Arraignment and to Commit Accused to Psychiatric Ward at Baguio General Hospital. It was alleged that Estrada could not properly and intelligently enter a plea because he was suffering from a mental defect; that before the commission of the crime, he was confined at the psychiatric ward of the Baguio General Hospital in Baguio City. The motion was opposed by the City Prosecutor. The trial court, motu proprio, propounded several questions on Estrada. Finding that the questions were understood and answered by him intelligently, the court denied the motion that same day. The arraignment proceeded and a plea of not guilty was entered by the court on Estradas behalf. On 23 June 1997, the trial court (RTC Dagupan City, Branch 44, Criminal Case 94-00860-D) rendered a decision upholding the prosecution evidence and found Estrada guilty of the crime charged and thereby sentenced him to death, and ordered him to pay P50,000 for indemnity, P18,870 for actual expenses, and P100,000 as moral damages. Estradas counsel appealed.

Issue: Whether a mental examination of the accused should be made before the accused may be subjected to trial.

Held: The rule barring trial or sentence of an insane person is for the protection of the accused, rather than of the public. It has been held that it is inhuman to require an accused disabled by act of God to make a just defense for his life or liberty. To put a legally incompetent person on trial or to convict and sentence him is a violation of the constitutional rights to a fair trial and due process of law. Section 12, Rule 116 of the 1985 Rules on Criminal Procedure speaks of a mental examination. An intelligent determination of an accuseds capacity for rational understanding ought to rest on a deeper and more comprehensive diagnosis of his mental condition than laymen can make through observation of his overt behavior. Once a medical or psychiatric diagnosis is made, then can the legal question of incompetency be determined by the trial court. By depriving appellant of a mental examination, the trial court effectively deprived appellant of a fair trial. The trial courts negligence was a violation of the basic requirements of due process; and for this reason, the proceedings before the said court must be nullified.

Criminal Law- People vs. Genosa THIS CASE IS WITH REGARD TO ART. 11 (1), AND ART 14 (16) OF THE R.P.C Case of People of the R.P. vs. Genosa G.R.No. 135981 15January2004 FACTS OF THE CASE: That Marivic Genosa, the Appellant on the 15November1995, attacked and wounded his husband, which ultimately led to his death. According to the appellant she did not provoke her husband when she got home that night it was her husband who began the provocation. The Appellant said she was frightened that her husband would hurt her and she wanted to make sure she would deliver her baby safely. In fact, The Appelant had to be admitted later at the Rizal Medical Centre as she was suffering from eclampsia and hypertension, and the baby was born prematurely on December 1, 1995. The Appellant testified that during her marriage she had tried to leave her husband at least five (5) times, but that Ben would always follow her and they would reconcile. The Apellant said that the reason why Ben was violent and abusive towards her that night was because 'he was crazy about his recent girlfriend, Lulu Rubillos. The Appellant after being interviewed by specialists, has been shown to be suffering from Battered Woman Syndrome. The appellant with a plea of self defense admitted the killing of her husband, she was then found guilty of Parricide, with the aggravating circumstance of treachery, for the husband was attacked while asleep. ISSUES OF THE CASE: Can Marivic Genosa be granted the Justifying circumstance of Self-defense, and can she be held liable for the aggravating circumstance of treachery? No, Since self- defense since the existence of Battered woman syndrome, which the appellant has been shown to be suffering in the relationship does not in itself establish the legal right of the woman to kill her abusive partner. Evidence must still be considered in the context of self-defense. In the present case, however, according to the testimony of the appellant there was a sufficient time interval between the unlawful aggression of the husband and her fatal attack upon him. She had already been able to withdraw from his violent behavior and escape to their children's bedroom. During that time, he apparently ceased his attack and went to bed. The reality or even the imminence of the danger he posed had ended altogether. He was no longer in a position that presented an actual threat on her life or safety. Without continuous aggression there can be no self-defense. And absence of aggression does not warrant complete or incomplete self-defense. No, There is treachery when one commits any of the crimes against persons by employing means, methods or forms in the execution thereof without risk to oneself arising from the defense that the offended party might make. The circumstances must be shown as indubitably as the killing itself; they cannot be deduced from mere inferences, or conjectures, which have no place in the appreciation of evidence. Besides, equally axiomatic is the rule that when a killing is preceded by an argument or a quarrel, treachery cannot be appreciated as a qualifying circumstance, because the deceased may be said to have been forewarned and to have anticipated aggression from the assailant. In the present case, however it was not conclusively shown, that the appellant intentionally chose a specific means of successfully attacking her husband without any risk to herself from any retaliatory act that he might make. To the contrary, it appears that the thought of using the gun occurred to her only at about the same moment when she decided to kill her spouse. In the absence of any convincing proof that she consciously and deliberately employed the method by which she committed the crime in order to ensure its execution, the doubt should be resolved in her favor. HELD: The conviction of Appellant Marivic Genosa for parricide is hereby AFFIRMED. However, there being two (2) mitigating circumstances and no aggravating circumstance attending her commission of the offense, her penalty is REDUCED to six (6) years and one (1) day of prision mayor as minimum; to 14 years, 8 months and 1 day of reclusion temporal as maximum. ADDENDUM: When can BWS (Battered Woman Syndrome) as self defense be appreciated? Where the brutalized person is already suffering from BWS, further evidence of actual physical assault at the time of the killing is not required. Incidents of domestic battery usually have a predictable pattern. To require the battered person to await an obvious, deadly attack before she can defend her life "would amount to sentencing her to 'murder by installment.' Still, impending danger (based on the conduct of the victim in previous battering episodes) prior to the defendant's use of deadly force must be shown. Threatening behavior or communication can satisfy the required imminence of danger. Considering such circumstances and the existence of BWS, self-defense may be appreciated.