PEOPLE V.

CABUNGCAL

Facts:
Narciso Cabungcal (appellant) invited several persons to a picnic in a
fishery. They spent the day at the fishery and returned in two boats. In the
boat steered by the appellant, the majority were women, among them are
appellants wife and son and a nursing child. Upon reaching a place of great
depth, the deceased rocked the boat. Appellant asked the Juan Loquenario
(deceased) not to rock the boat. The deceased paid no attention. Appellant
struck him in the forehead by an oar. Deceased fell into the water and was
submerged. After a while appeared, saying that he is going to capsize it and
started to move it. Appellant struck him on the neck.

Issue:
Whether or not Narciso Cabungcal is exempt from criminal liability in
defense of wife and child.

Held:
The Appellant was acquitted and was exempted from criminal liability
for he acted in defense of his wife and child and other passengers and the
means employed.

Ratio:
Article 11 (3) : Anyone who acts in defense of the person or rights of a
stranger provided that the first and second requisites mentioned in the first
circumstance of this article are present and that the one defending be not
induce by revenge, resentment or other evil motive.