U.S. v.

Mojica
Case No. 17650 February 15, 1922 Ostrand
Petitioners Respondents
The United States Artemio Mojica
SYNOPSIS:
See below.

PROCEDURAL HISTORY:
Appeal from a judgment of the Court of First Instance of Manila

FACTS OF THE CASE:

In a brawl between Constabulary officers and the Manila Police, Artemio Mojica, a police officer, killed Crispin Macasinag,
Constabulary solider, by firing a revolver, inflicting a fatal wound in the latter’s chest. Witnesses attest that Macasinag attacked
Mojica with a knife before Mojica drew his revolver and shot him.

Petitioner’s claims
Mojica admits having killed Macasinag but maintains that he did so in self-defense and that he, therefore, is exempt from criminal
liability.

ISSUES: Ruling
1. Whether aggression on Macasinag’s part justifies Mojica’s act of self-defense Yes

RULING/RATIONALE:
1. Yes, aggression on Macasinag’s part justifies Mojica’s act of self-defense. Considering the threatening attitude of Macasinag,
Mojica had the best of reasons for believing that his life was in imminent danger. SC believes that the means he employed for
his defense were, in the circumstances, reasonably necessary. Macasinag’s unlawful aggression is undisputed as it does not
appear that Mojica, who according to evidence took no part in the brawl, provoked him. As to the use of the revolver that killed
Macasinag, SC maintains that Mojica could hardly be expected to take deliberate and careful aim so as to strike a less
vulnerable point in Macasinag’s body. Duty forbade him to run away and using a club would be ineffective against the knife
Macasinag was wielding.

LAWS, STATUTES, CODES INVOLVED:

Penal Code Article 8(4)
The following are exempt from criminal liability:
4. Anyone who acts in defense of his person or rights, provided that the following circumstances concur:
(1) Unlawful aggression;
(2) Reasonable necessity for the means employed to prevent or repel it;
(3) Lack of sufficient provocation on the part of the person defending himself.

DISPOSITION:
Decision of the trial court is reversed. Mojica is acquitted of the crime.

DICTA RELATING TO DOCTRINE:

N/A

SEPARATE RULINGS:
N/A

CASES CITED IN CASE:

N/A

Made by: Borja, Francesca Tanya