G.R. No.

1352 March 29, 1905

The United States vs. Apolonio Caballeros, et al.

FACTS:

Robert Baculi and Apolinario Caballeros were both convicted as accessories to the crime of assassination
of four American teachers by taking part in the burial of the corpses of the victims in order to conceal the
crime. However, Robert Baculi confessed that he indeed assisted in the burial of the corpses, but he
claimed that this is because he was seen by the two armed leaders of the band and was forced by them
to bury the corpses. Furthermore, Caballeros claimed that he did not partake in the burial of corpses nor
he was in the place of the occurrence, but his confession was only made through the promise made to
them that nothing would be done to them.

ISSUE:

Whether or not Article 12(5) is applicable as a defense to the accused Robert Baculi.

RULING:

Yes. According to Article (6) of the revised Penal Code, any person who performs the act by reason of
irresistible force is exempted from criminal liability. Provided the fact that Baculi only acted by burying
the corpses because of the fear that he will be harmed by the two armed band leaders, the provision of
Article 12(6) would be applicable to him. It should be noted that the elements of uncontrollable fear is
present in the case at bar, there is existence of an uncontrollable fear in the side of the accused, the fear
is real and imminent, and that the fear of the injury is greater than or at least equal to that committed.
The claim of the accused was also supported by a witness named Sabate. Thus, the act of Robert Baculi is
not punishable by the Revised Penal Code and he was exempted from incurring criminal liability.