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The United States vs. Mariano Pescador

G.R. No. L-4346 February 29, 1908

Republic of the Philippines
Supreme Court
Manila

En Banc

[ G.R. No. L-4346, February 29, 1908 ]

THE UNITED STATES, plaintiff-appellee,

vs.

MARIANO PESCADOR, defendant-appellant.

Arcadio del Rosario for appellant.

Attorney-General Araneta for appellee.

Willard, J.:

That a fight took place between Mariano Pescador, the defendant, and Brigido Ribad, a municipal policeman is undisputed. The only question is, Who commenced the fight?

After an examination of the evidence we agree with the Attorney-General that it is not proven beyond a reasonable doubt that the defendant was the aggressor. If the policeman attacked him he was justified in defending himself, and such defense can not constitute the crime of atentado contra los agentes de la autoridad, defined in article 249 of the Penal Code.

The judgment of the court below is reversed ant the defendant is acquitted, with the costs of both instances de oficio. So ordered.

Arellano, C.J., Torres, Mapa, Johnson, Carson, and Tracey, JJ., concur.

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