The United States (plaintiff-appellee) VS Ah Chong (defendant-appellant)

G.R. No. L-5272

Ah Chong
- employed as a cook at Fort McKinley.
Pascual Gilberto (victim)
- employed as houseboy. During the night of the incident, went out for a walk with his friends.
Officer’s quarters No. 27
- detached house 40 meters from the nearest building. No one slept here but Ah Chong and Pascual.
- the door had no permanent lock or bolt. To make it more secure, the two attached a hook inside and reinforced the door by
placing a chair against it. Aside from a door and window, there were no other openings in the room.

August 14, 1908 (10pm)

- the defendant was awakened by someone trying to force open the door. He called out twice “Who’s there?” Heard no answer
and was convinced it was a robber or thief. “If you enter the room, I will kill you.”
- his knee was struck by the chair against the door. He thought the blow was by the intruder, so he seized the kitchen knife
under his pillow and struck wildly.
- Intruder: Pascual (wounded and the following day died due to the effects of the wound)
- Ah Chong recognized him under moonlight and called for his employers in the next house, and ran back to his room to secure
bandages.

Defendant
- had friendly relationship with victim.
- prior to the incident, there had been several robberies in the area. Thus, he hides a knife under his pillow for protection.
- He had an agreement with Pascual that if either returned late, he should knock at the door to inform his roommate with his
identity. However, during the night of the incident, Pascual wanted to play a trick on his Chinese roommate and pretended to
be an intruder.
- Thus, Ah Chong admits to stabbing his roommate because he thought he was “a ladron” who forced his door open despite his
warnings.

Trial Court
Defendant charged with the crime of assassination, tried, and found guilty of simple homicide with extenuating circumstances.
Sentence: six years and one day presidio mayor, minimum penalty prescribed by law.

Article 8 of the Penal Code:

Not delinquent and therefore exempt from criminal liability: He who acts in defense of his persons or rights, provided there are
following attendant circumstances 1) illegal aggression, 2) reasonable necessity of means employed to prevent or repel it, 3)
lack of sufficient provocation on the part of the person defending himself.

- If the intruder had been in fact a dangerous thief as the defendant believed him to be, then under these provisions, there can
be no doubt that the defendant would be entitled to complete criminal liability from the death of the victim.

-However, evidence shows that the intruder was not a thief. The defendant nor his property in real danger and that there was
no “unlawful aggression” as he believed. There was also no real “necessity” to use a knife for defense.

Issue: Whether Ah Chong can be held criminally responsible who by reasons of mistake of facts and without criminal intent.

Held:
NO. After an examination of facts, the defendant struck the fatal blow in the firm belief that the intruder that forced the door
open was a thief. That he was in imminent peril, both life and property. He acted in good faith, without malice, or criminal
intent, and exercised his legitimate right of self-defense.

The judgment and conviction and the sentence imposed by the trial court should be reversed, and the defendant acquitted.