GR No.

L-5272

US v. Ah Chong

March 19, 1910

FACTS: The defendant, Ah Chong, was employed as a cook in one of the Officers’ quarters at Fort McKinley,
Rizal Province. Together living with him in the said quarters was the deceased, Pascual Gualberto, who was
employed as a houseboy. There had been several robberies in Fort McKinley prior to the incident thus
prompting the defendant and his roommate to reinforce the flimsy hook used to lock the door of their room by
placing a chair against it. The defendant and the deceased had an understanding that when either returned at
night, he should knock on the door and say his name. On the night of Aug. 14, 1908, Ah Chong, who was alone
in his room, was awakened by someone trying to force open the door of the room. The defendant called out
twice, asking the identity of the person but heard no answer. Fearing that the intruder was a robber or a thief, the
defendant called out that he would kill the intruder if he tried to enter. At that moment, the door was forced open
and the defendant was struck first above the knee by the edge of the chair. Because of the darkness of the room,
the defendant thought he was being hit by the intruder and tried to defend himself by striking wildly at the
intruder using a common kitchen knife which he kept under his pillow. It turned out that the said intruder was
actually the defendant’s roommate, Pascual Gualberto. The roommate was brought to the military hospital
where he died from the effects of the wound the following day.

ISSUE: Whether or not the defendant can be held criminally responsible.

RULING: NO. Defendant was not criminally liable and exonerated, in accordance to article 3, 4 and 6 of the
revised penal code. By reason of a mistake as to facts to be held as a valid defense, there has to be several
requisites. One, that the act done would have been lawful had the facts been as the accused believed them to be.
Two, that the intention of the accused in performing the act should be lawful, and lastly, that the mistake must
be without fault or carelessness on the part of the accused. In the case at bar, had the intruder been a robber as
the defendant believed him to be, then Ah Chong acted in good faith, without malice or criminal intent, and
would have been wholly exempt from criminal liability and that he cannot be said to have been guilty of
negligence or recklessness.