Primary Holding
One who acts in defense of the person of a stranger is exempt from criminal responsibility under Article 11, paragraph 3, Revised Penal Code, when the conditions of paragraph 1 are present, including reasonable necessity of the means employed; such necessity is satisfied if the defender had well-founded reasons to believe, under the attendant circumstances, that the means employed were necessary to prevent or repel the illegal aggression.
Background
Silvino Valdez was a barber who operated a shop on the ground floor of a house; Egmidio Pangilinan and his wife Maria Aragon had a troubled marriage, and Maria had left the conjugal home and later returned. Valdez’s wife, Rosita Otero, and his children were also in the house. The case is governed by Article 11, paragraph 3, Revised Penal Code, which exempts from criminal responsibility one who acts in defense of the person or rights of a stranger under the conditions recited in paragraph 1.
History
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Court of First Instance of Nueva Vizcaya, second judicial district — convicted Silvino Valdez of homicide and sentenced him to fourteen years, eight months and one day of reclusion temporal and to indemnify the heirs of Egmidio Pangilinan in the sum of P1,000.
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Valdez appealed to the Supreme Court, assigning as error the trial court’s failure to find that Egmidio Pangilinan died from self-inflicted wounds and its conviction and sentence for homicide.
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Supreme Court, En Banc, March 4, 1933 — reversed the judgment, holding Valdez entitled to acquittal under Article 11, paragraph 3, Revised Penal Code, for defense of a stranger.
Facts
Silvino Valdez was a barber working in his shop on the ground floor of a house. Egmidio Pangilinan and his wife Maria Aragon had a troubled marriage; Maria had left and gone to her cousin Jose Nicolas, but returned when Egmidio went away. On the day in question, Valdez was cutting the hair of Porfirio Tabilangan when he and Porfirio heard screams and cries for help from Maria Aragon and Valdez’s wife, Rosita Otero. Valdez ran upstairs, followed by Porfirio; neither was armed.
According to the prosecution evidence, Egmidio was attacking Maria with a dagger when Valdez entered the room. Maria had received five wounds, though it was not clear whether all were inflicted before Valdez appeared. Valdez’s wife was in the room and his children in the next room. Valdez struggled with Egmidio for possession of the dagger and, in the course of the struggle, inflicted the three wounds that caused Egmidio’s death fourteen days later.
The defense theory was that Egmidio died from self-inflicted wounds. The trial court did not so find. The prosecution presented four witnesses: Hilario Aliac, municipal police, and Mariano de Fiesta, municipal president of Solano, who testified to circumstances showing Valdez inflicted the wounds; Hipolito Lazam, justice of the peace, who identified the ante mortem declaration; and Dr. Jose P. Castro, physician, who testified on the nature and effect of Egmidio’s wounds.
The most important prosecution evidence was Exhibit D, Egmidio’s ante mortem declaration. In it, Egmidio stated that “Apo Valdez” wounded him; that the instrument used was the one being held; that he felt the wounds serious and had no hope to live; and that the reason he was wounded was that Valdez was preventing him from stabbing his wife. He explained that he had gone to tell his wife he would take her away, that she refused, and that he told her to make an instrument of separation before a notary public. He stated that when he stabbed his wife, only Valdez’s wife was present, and when Valdez stabbed him, no other person saw except Valdez’s wife.
The trial court convicted Valdez of homicide and sentenced him to fourteen years, eight months and one day of reclusion temporal and to indemnify Egmidio’s heirs in the sum of P1,000. Valdez appealed, assigning as error the trial court’s failure to find that Egmidio died from self-inflicted wounds and its conviction and sentence.
Arguments of the Petitioners
- Self-Inflicted Wounds: Appellant maintained that Egmidio Pangilinan died from self-inflicted wounds and assigned as error the trial court’s failure to so find.
- Erroneous Conviction and Sentence: Appellant assigned as error the trial court’s conviction for homicide and the penalties imposed in the judgment appealed from.
Arguments of the Respondents
- Reasonable Necessity Lacking: Respondent, through the Attorney-General, conceded that appellant was not actuated by revenge, resentment, or other illegal motive and that he intervened in defense of Maria Aragon to prevent Egmidio from wounding or killing his wife, but argued that the third requisite—reasonable necessity of the means employed to prevent or repel the illegal aggression—was lacking.
Issues
- Defense of a Stranger: Whether the trial court erred in convicting appellant of homicide, or whether he is entitled to acquittal under Article 11, paragraph 3, Revised Penal Code, for acting in defense of the person of a stranger.
- Reasonable Necessity of the Means Employed: Whether the means employed by appellant in repelling Egmidio Pangilinan’s attack were reasonably necessary under Article 11, paragraph 1, as incorporated by paragraph 3.
- Fact of Stabbing and Cause of Death: Whether the evidence established that appellant inflicted the wounds that caused Egmidio Pangilinan’s death.
Ruling
- Defense of a Stranger: Yes. Appellant is entitled to acquittal under Article 11, paragraph 3, Revised Penal Code, which exempts one who acts in defense of the person or rights of a stranger under the conditions recited in paragraph 1.
- Reasonable Necessity of the Means Employed: Yes. The means employed were reasonably necessary; appellant had well-founded reasons to believe they were necessary under the attendant circumstances to prevent or repel the aggression and render the aggressor harmless.
- Fact of Stabbing and Cause of Death: Yes. The prosecution evidence, particularly the ante mortem declaration, established that appellant inflicted the wounds that caused Egmidio Pangilinan’s death fourteen days later.
Ruling Rationale
- Defense of a Stranger: Article 11, paragraph 3, Revised Penal Code exempts from criminal responsibility one who acts in defense of the person or rights of a stranger, under the conditions recited in paragraph 1. The Court disregarded the defense theory as manufactured and false, confined itself to prosecution evidence, and found that appellant stabbed the deceased. The Attorney-General admitted two requisites: appellant was not actuated by revenge, resentment, or other illegal motive; and he intervened in defense of Maria Aragon and to prevent Egmidio from wounding or killing his wife. The remaining question was reasonable necessity. Because the Court found that requisite satisfied, appellant was entitled to acquittal.
- Reasonable Necessity of the Means Employed: The Court quoted United States vs. Batungbacal, 37 Phil. 382, 387, for the rule that lawful defense exists if the defendant had well-founded reasons to believe that, under the attendant circumstances, the means employed to prevent or repel the aggression were necessary. In Batungbacal, the deceased was pursuing children with a bolo in hand and his arm raised as if ready to strike when he was shot dead; the act was reasonably necessary to render the aggressor harmless. In this case, the suddenness of the disturbance, the screams of appellant’s wife calling for help, and appellant’s coming without previous knowledge upon an armed man engaged in a murderous attack in his own house in the presence of his wife led the Court to conclude that he might reasonably have assumed he had to deal with a desperate or possibly insane person who had to be rendered harmless. The means employed were therefore reasonably necessary.
- Fact of Stabbing and Cause of Death: The Court accepted the prosecution evidence that appellant inflicted the wounds that caused Egmidio’s death fourteen days later. The testimony of Hilario Aliac, municipal police, and Mariano de Fiesta, municipal president of Solano, established this fact through circumstances, although they were not eyewitnesses. Hipolito Lazam identified the ante mortem declaration, and Dr. Jose P. Castro testified on the nature and effect of the wounds. Exhibit D, the ante mortem declaration, was the only direct and most important evidence; in it Egmidio identified “Apo Valdez” as the person who wounded him and stated that the reason was that Valdez was preventing him from stabbing his wife. The Court rejected the defense theory that the wounds were self-inflicted.
Doctrines
- Defense of a Stranger — Article 11, paragraph 3, Revised Penal Code, exempts from criminal responsibility one who acts in defense of the person or rights of a stranger, under the conditions recited in paragraph 1. The Court applied this to appellant, who intervened when Egmidio Pangilinan attacked his wife with a dagger. The requisites discussed were: (1) the defender was not actuated by revenge, resentment, or other illegal motive; (2) he intervened in defense of the stranger and to prevent the aggression; and (3) the means employed were reasonably necessary to prevent or repel the illegal aggression. The first two were admitted by the Attorney-General; the third was found present.
- Reasonable Necessity of the Means Employed — The means employed in repelling an aggression need not be absolutely necessary; it is sufficient that the defender had well-founded reasons to believe, under the attendant circumstances, that the means employed were necessary. The Court applied this rule in light of the suddenness of the disturbance, the screams for help, and the armed attack in appellant’s own house, concluding that he could reasonably assume the aggressor had to be rendered harmless. This formulation was drawn from United States vs. Batungbacal.
Key Excerpts
- "If, in order to consider that a defendant acted in lawful defense, it is sufficient that he had well-founded reasons to believe that, under the attendant circumstances, the means employed by him to prevent or to repel the aggression, was necessary, then the defendant in this cause undoubtedly acted in lawful defense of Hilaria Tianko and his two children." — This is the Court’s quotation from United States vs. Batungbacal, articulating the reasonable-necessity standard in lawful defense.
- "In the instant case, considering the suddenness of the disturbance and the startling and disturbing effect upon the appellant's mind which must have resulted from hearing the screams of his wife calling for help; and coming, as he did without previous knowledge, upon an armed man engaged in a murderous attack in his own house in the presence of his wife, he might reasonably have assumed that he had to deal with a desperate or possibly an insane person who had to be rendered harmless." — This passage applies the reasonable-necessity doctrine to the facts and is the core ratio for the acquittal.
- "We have come to the conclusion that it would be unjust to affirm the judgment in this case in spite of the fact that we are convinced that the appellant believed his cause would prosper more if he lied instead of telling the simple truth about what happened." — This passage explains why the Court reversed despite appellant’s false testimony.
Precedents Cited
- United States vs. Batungbacal, 37 Phil. 382, 387 — cited and quoted as the controlling precedent on reasonable necessity in lawful defense; the Court relied on it to hold that a defender’s well-founded belief that the means employed were necessary suffices, and that shooting an armed pursuer was reasonably necessary to render the aggressor harmless.
Provisions
- Article 11, paragraph 3, Revised Penal Code — exempts from criminal responsibility one who acts in defense of the person or rights of a stranger, under the conditions recited in paragraph 1. The Court applied this provision to reverse appellant’s homicide conviction.
- Article 11, paragraph 1, Revised Penal Code — referred to for the conditions of lawful defense, including reasonable necessity of the means employed to prevent or repel the illegal aggression. The Court found this condition satisfied.
Notable Concurring Opinions
Avanceña, C.J.; Street, Ostrand, and Abad Santos, JJ., concurred. No separate concurring opinions are summarized in the text.