67 (G.R. No. 1352) U.S. v.

Caballero (Reyes)
March 29, 1905 | Mapa | Compulsion of Irresistible fear

Petitioner: The United States

Respondents: Apolonio Caballero

SUMMARY: Too short to summarize

DOCTRINE:

Par 5. Art. 12 Revised Penal Code

The following are exempt from criminal liability:

5. Any person who acts under the compulsion of irresistible force.

FACTS:
1. Roberto Baculi was charged with accessory of a crime of assassination of
four American teachers.
2. Roberto confessed to his participation in the burial of the victims, but
according to him, he was compelled to do so by the murderers.
3. His account was corroborated by a witness who saw the killing and said that
Roberto was not part of the group that murdered the americans.

ISSUE/S:
1. WON Roberto is criminally liable NO
RATIO:

Par. 9, Art. 8 of the P.C (Par 5. Art. 12 of R.P.C) provides any person who
performs the act by reason of irresistible force are exempted from criminal liability.
Baculi assisted the murderers in the burial due to the injury and threats committed to
him by the group.

The Court said that there is no conclusive proof that Caballero participated in the
crime charged against him, his alleged confession was inadmissible as it was not
made voluntarily, without force, intimidation, or promise of pardon.

DISPOSITION:
Roberto Baculi and Apolonio Caballeros are acquitted.