G.R. No.

127755 April 14, 1999

People of the Philippines vs. Joselito del Rosario y Pascual

FACTS:

Accused Joselito del Rosario, a tricycle driver, had an arrangement with the suspect named ‘Boy’ Santo
to transport him to the Cockpit at the Blas Edward Coliseum. However, despite the arrangement, the
suspect ordered him to fetch the two other suspects in front of the parking lot of Merced Drugstore.
This is the moment where Virginia Bernas, the victim, was robbed and assaulted by one of the suspects.
Upon seeing this, Joselita attempted to escape and seek help however, he was stopped by ‘Boy’ Santos
and ordered him around by pointing his gun at him. Thereafter, the assailants also threatened that if
ever he told to the authorities what happened, they will also kill his family.

ISSUE:

Whether or not Joselito del Rosario y Pascual can invoke an exempting circumstance under Article 12
(6).

RULING:

Yes. Provided that he was then unarmed and unable to protect himself when he was prevented at the
gunpoint by his co-accused from leaving the crime scene during the perpetration of the crime, being
only forced to help them escape after the commission establishes the fact that he was not able to act
with freedom. At that time, the fear was also present and his fear of body harm that could be inflicted to
him is also greater or at least equal to that committed. Therefore, he acted under the compulsion of an
irresistible force pursuant to Article 12(6) of the Revised Penal Code making him exempted from
criminal liability.