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REVISED PENAL CODE

Article 11: Justifying Circumstances


Cases Summarized

TITLE CHARACTERS FACTS RULING
SELF-DEFENSE
Exequiel Senoja vs. People
Callejo, Sr., J.
19 October 2004
Leon Lumasac died
Miguel Lumasac
brother of the
deceased
Hut
Two-phased event; drunk; Senoja sided
with Miguel instead of Leon; kolonyal
knife
RTC Homicide
CA Homicide
SC Homicide
*Unlawful aggression had
ceased after the aggressor
walked away in the first phase
People vs. Victoriano M.
Abesamis
Corona, J.
28 August 2007
Ramon Villo spotter
Rodel Abesamis
brother of the accused
Rogelio Mercado
opponent of Victoriano
Rotation/ Billiards
Spotter scored the last ball to the wrong
player which resulted to fist-fight then to
stabbing in the chest using a butchers
knife; Ford Fiera; Andoks; Villo died.

RTC Homicide
CA Murder (qualified by
treachery because the victim
was unarmed and defenseless)
SC Murder; Parole denied
*No unlawful aggression
*Nature of the wounds inflicted
= intent to kill
People vs. Hever Paulino
Ynares-Santiago, J.
18 November 2003
Leonarda Paulino
aunt of the accused
Mylene and Joy
daughters of Leonarda
Rock/ Glass of water
Leonarda gave Hever water then asked
him to go home because his father
might be looking for him; Leonarda and
Joy fetched Mylene in grannys house;
Hever two meters behind threw stone at
Leonardas head causing
unconsciousness; brought to two
hospitals; fatal, no surgical intervention
could save her; died due to heart attack
and traumatic injury.
RTC Murder (qualified by
treachery because the victim
was unarmed and
defenseless); reclusion
perpetua
SC Affirmed in toto
*Testimony of the daughter was
credible
*No unlawful aggression on the
part of the victim
People vs. Clemente Casta
Brion, J.
16 September 2008
Danilo Camba died
*They were four
(including Camba)
walking when the
stabbing happened

Pangasinan
Out of nowhere, Casta stabbed Camba
near the heart with a double-bladed
knife. (Castas version: he was boxed
by a person he did not know, who
happened to be Camba, and walked
away after noticing that his knife is
already coated with blood)
RTC Murder (qualified by
treachery because the victim
was unarmed and defenseless)
CA Murder
SC Murder; modified the
award of damages
*Prosecutions witnesses were
credible; no motive to falsely
testify
*No unlawful aggression. In
fact, Casta was the aggressor
*Sudden and surprise attack
Peter Tarapen vs. People
Chico-Nazaro, J.
28 August 2008
James Pangoden
flower vendor; died
Virginia Costales
eggplant vendor
Jimmy Pugoy driver
Edmond Ferrer
garbage picker
Dump Truck/ Shovel
Hilltop Market; overran-eggplants thrown
to Pangodens flowers = angered him;
altercation; Tarapen hit Pangoden twice
in the head with a steel shovel from
Ferrer then ran away; brought to two
hospitals; after operation, brought home
no chance to live; (Tarapens version:
he was helping an old woman carry the
sack when all of sudden Pangoden
punch him on the right ear which
resulted to hearing loss [med: could
have started years before])
Initially charged with frustrated
homicide but Pangoden died
later after filing a complaint with
RTC
RTC Homicide
CA Homicide
SC Homicide

Nemrod Gotis vs. People
Velasco, Jr., J.
14 September 2007
Serafin Gotis died
Nahom Gotis
Nemrods brother,
owner of the house
Coco Plantation
Used bolo; two-phased event; not a
continuing circumstance because
Serafin ran away
RTC Homicide
CA Homicide; provocation
denied as mitigating
circumstance (mc)
SC Homicide; provocation
granted as mc
Noel Guillermo vs. People
Brion, J.
30 June 2008
Winnie Alon died
Vicente Alon was hit
by two beer bottles
Arnel Socias
challenged by Winnie
Joemar Palma
conspirator
Chainsaw/ Bar-resto
Alon challenged Arnel Socias in cutting
of woods; altercation; Guillermo hugged
Winnie and stabbed him 3x on the neck
with balisong (Batangas knife), Joemar
helped in stabbing once

RTC Homicide
CA Homicide
SC Homicide
*Incomplete self-defense
(unreasonable necessity of
means)
Rodel Urbano vs. People
Velasco, Jr., J.
20 January 2009
Brigido Tomelden
died
Lucky Punch
Drunk beer in a restaurant; Urbano
reacted on Tomeldens insults; fistfight
where Urbano landed a lucky punch
which causes Tomeldens nose to bleed;
back and forth to the hospital due to
dizziness and vomiting, etc then died
RTC Homicide
CA Homicide
SC Homicide
*Lucky punch established as
the proximate cause of death
*Provocation as mitigating
circumstance
US vs. Jose Laurel

Exequiel Castillo
alive
Concepcion Lat
Lucio Villa caught
Laurel
Kiss
Nakaw na halik; Laurel asked about
his letters to Concepcion; Laurel struck
Castillo twice with a knife, one in the
chest; Castillo used his cane as
defense; (Laurels version: Laurel with
cousins; Laurel was informed that
Castillo wanted to talk to him; met and
Laurel was asked about the kiss;
Concepcion was fickle and prodigal;
Castillo hit Laurel with his cane; Laurel
knifed back and run but was caught)
CFI Frustrated Murder
SC Acquitted
*Self-defense because Castillo
instigated the fight using his
cane
People vs. Narciso
Cabungcal
Juan Loquenario
died
Anastasia Penaojas
steering the other boat
Boat
Picnic; boat steered by Cabungcal
includes 9 persons (with his wife and
son); rocked the boat do not do it;
rocked the boat 2 struck the ear with
an oar fell onto the water; rocked the
boat struck the neck with the same oar
submerged but never surfaced again
CFI Homicide
SC Acquitted
*Defense of relatives and
strangers
People vs. Dioscoro Alconga
- guard
Silverio Barion died
Maria Raposo
opponent
Blackjack/ Breakfast
Teamwork happened between Barion
and Raposo; Heres your brekky! with
a swing of pingahan; bang1 avoided,
bang2 failed, bang3 fired back;
Barion got his dagger and directed a
blow but was blocked by Alconga with
his bolo; fistfight; Barions flight but
Alconga followed and struck a mortal
bolo blow on Barions headdied.
CFI Homicide
SC Homicide
*Two-phased event
*Flight of adversary
*Provocation as mitigating
circumstance
People vs. Remedios Dela
Cruz
Francisco Rivera
fianc, died
Wake
Dark; stabbed Rivera in the chest right
to honor using a pocket knife;
(Bautistas version: sudden blow under
the guava tree due to jealousy as
against Felicisima Sincaban)
CFI Homicide
SC Acquitted
*Self-defense as the right to
honor
*Mistake of fact (US vs Ah
Chong)
People vs. Avelina and
Nicolas Jaurigue
De Joya, J.
21 February 1946
Amado Capina died
Lieutenant Lozada
Church
Fan knife
CFI Murder
SC Homicide
*Self-defense as the right to
honor debunked
*Mitigating circumstances:
surrendered, admitted the
killing, and no intention to kill
People vs. Jose Encomienda
Makasiar, J.
18 August 1972
Severino Cabral
died
No witnesses
Wooden Box
Cabral revolver
Encomienda Bolo
CFI Murder
SC Acquitted
*Self-defense
People vs. Cunigunda
Boholst-Caballero
Munoz Palma, J.
25 November 1974
Francisco Caballero
husband of the
accused, died
Carolling
Canigunda thrust the aggressor
husband with a hunting knife from the
latters pocket
Position of the wound: husbands left
side above the thigh NOT at the back
CFI Parricide
SC Acquitted
*Self-defense

DEFENSE OF RELATIVE
People vs. Virgilio Caabay
Callejo, Sr., J.
25 August 2003
Paulino and Aliguer
Urbano father and
son, died
Adelina Urbano
mother
Caabay Brothers:
Esteban, Rodrigo,
Valentino, Isidro
Land dispute
Bolo
Piece of wood
RTC Two counts of murder;
death
CA Affirmed
SC Two counts of murder;
reclusion perpetua (qualifying
circumstance of abuse of
superior strength)
*Defense of a relative
debunked
People vs. Salva (Brothers)
Quisumbing, J.
10 January 2002
Palmero Milanes
driver, died
SPO1 Mariano Cura
stabbed in the
stomach, alive
Ferdinand strangle
Alexander shoot
Rolitono participation
Jeepney
Knife
Revolver
RTC (A) Murder, (F)
Homicide, (R) Acquitted
SC (A) Homicide, (F)
Frustrated Homicide
*RTC (A) Frustrated
Homicide, (F&R) Acquitted
*SC (A) Frustrated
Homicide
DEFENSE OF STRANGER
Jovito Cabuslay vs. People

Paquito Umas-as
vendor of jacket, etc.
Regencia
checkpoint, asked for
the ID
Canay, Cabuslay,
Montebon, and Cane
Hammer
Motorcycle Rider
M-16
Sandiganbayan Homicide
SC Homicide
*No reasonable necessity and
unlawful aggression
Doroteo Tobes vs. People
Pardo, J.
05 October 2001
Joel Escareal died
Wilfredo Pollentes
flight, first aggressor
AM Disco House
Two-phased event: (1) Pollentes vs
Escareal aggressor Pollentes shot by
Escareal after he boxed the latter then
ran away; (2) Escareal vs Tobes
Tobes shot Escareal when there was no
more aggression on the part of the latter
RTC Homicide
CA Homicide
SC Homicide

STATE OF NECESSITY
People vs. Jesus G.
Retubado
Emmanuel Canon Jr.
pulled the prank
Emmanuel Sr. died
Norberta Canon wife
Edwin Retubado
mentally-illed brother
Pedicab/ Special Child
Revolver
RTC Murder
SC Homicide (no treachery)
FULFILLMENT OF DUTY
Pat. Edgardo Herrera and
Pat. Redentor Mariano
vs. Sandiganbayan
Shi Shu Yang and
George Go
Cristina Winterhalter
witness, binoculars
Mariano driver, note
Herrera passengers
seat, sure shot,
brought the cadaver
back in the car
Barrera banger,
brought the victims out
Alcalde brought the
victims out
Solicitation/ Binoculars
Twenty Pesos and two shirts
Timothy Street, Muntinational Village,
Paranaque
Sandiganbayan Two counts
of Murder
(Herrera and Mariano appealed
invoking self-defense)
SC Two counts of Murder
*Unlawful aggression wasnt
established; thus, the other
requisites cannot stand

Rufino Mamangun vs. People Diaz and Cruz other
policemen whom
Mamangun were with
during the search
Contreras died
Ayson witness
Rooftop
Steel bar
Hindi ako, hindi ako!
Sandiganbayan Homicide
SC Homicide

People vs. Rolando Dagani
and Santiano
Ernesto Javier died PNR
Santiano shot Javier
RTC Murder
CA Murder
SC (S) Homicide; (D)
Acquitted (no conspiracy)
COMPLIANCE WITH SUPERIOR ORDER
Luis Tabuena and Adolfo
Peralta vs. People
Francisco, J.
17 February 1997
Manila International
Airport Authority
Tabuena general
manager
Peralta acting
finance services
manager
Gerardo Dabao
assistant general
manager
Philippine National
Construction
Corporation (PNCC)
President Marcos
superior
Mrs. Gimenez
secretary of PMarcos
Tabuena + Dabao = 25M
Tabuena + Dabao = 25M
Tabuena + Peralta = 5M
Memorandum
MIAAs obligation to PNCC
Sandiganbayan
Malversation of Funds
SC Acquitted
*Order by a superior
*Mistake of fact committed in
good faith
*Liability should only be
administrative or civil in nature
NOT of criminal