C.A., 38 O.G.

2870 July 13, 1938

PEOPLE OF THE PHILIPPINES

VS.

ANASTACIO APOLINAR

HONTIVEROS, J.:

FACTS:

Midnight of December 22, 1936, Anastacio Apolinar was at that time the occupant of a parcel of
land owned by Joaquin Gonzales in Pangasinan. Armed with a shutgon, Apolinar was looking over said
land when he observed that there was a man carrying a bundle on his shoulder. Believing that he was a
thief, Apolinar called his attention but he ignored him. Thereafter, the defendant fired in the air then at
the person, who however managed to flee. The person was identified to be Domingo Petras, was able to
get back to his house and consequently narrated to Angel Natividad, the barrio chief, that he had been
wounded in the back by a shotgun. He then showed two wounds – one in each side of the spinal column
– which wounds were circular in form and a little bigger than a quarter of an inch, according to the
medical report Dr. Mananquil. Petras died from the gunshot wounds he sustained. Apolinar surrendered
the shotgun to the authorities immediately after the incident and gave a sworn statement.

ISSUE:

Whether or not the killing of Petras was justified by defense of property

RULING:

NO, defense of property does not justify the killing of Petras. Evidence shows that upon getting
seriously wounded, he was carrying a sack of palay on his arms coming from the land tilled by the
defendant. However, this is not sufficient for the defendant to be justified in shooting the deceased. The
right to property is not of such importance as right to life, and defense of property is invoked as a
justifying circumstance only when it is coupled with an attack on the person of one entrusted with the
property.