Lawren

A person incurs no criminal liability when he acts in the fulfillment of a duty or in the lawful exercise of a right or office. There are 2 requisites to justify this:  (1) the offender acted in the perfomance of a duty or in the lawful exercise of a right or office,  (2) that the injury or offense committed be the necessary consequence of the due performance of such duty or the lawful exercise of such right or office.  In this case, only the first requisite is present.   People vs. Oanis July 27, 1943 (74 Phil 257) PARTIES: Plaintiff and appellee: People of the Philippines Defendants and appellant: Antonio Oanis, Alberto Galanta FACTS: Antonio Oanis and Alberto Galanta were instructed to arrest a notorious criminal and escaped convict, Anselmo Balagtas, and if overpowered, to get him dead or alive. They went to the suspected house then proceeded to the room where they saw the supposedly Balagtas sleeping with his back towards the door. Oanis and Galanta ...

PEOPLE V RICOHERMOSO L – 30527 – 28  | March 29, 1974 | J. Aquino   Avoidance of Greater Evil or Injury    Facts :   Geminiano de Leon, together with his common-law wife, son Marianito de Leon and one Rizal Rosales, chanced upon Pio Ricohermoso. Owning a parcel of land, which Ricohermoso cultivated as kaingin, Geminiano asked about his share of palay harvest and added that she should be allowed to taste the palay harvested from his land. Ricohermoso said Geminiano could collect the palay anytime. Upon returning from his trip to Barrio Bagobasin, Geminiano dropped by Ricohermoso’s house and asked him about the palay, to which the latter answered defiantly that he will not give him the palay, whatever happens. Geminiano remonstrated and that point (as if by prearrangement), Ricohermoso unsheathed his bolo, while his father-in-law Severo Padernal got an axe, and attacked Geminiano. At the same time and place, Ricohermoso’s brother-in-law Juan Padern...

  People v. Ah Chong 15 Phil. 488 G.R. No. L-5272   March 19, 1910 CARSON, J. Lesson: mistake of fact, definition of felony Laws: Article 1 RPC, Art 3 RPC FACTS: •    August 14, 1908 About 10 pm: Ah Chong, a cook was suddenly awakened by some trying to force open the door of the room. He sat up in bed and called out twice, "Who is there?" He heard no answer and was convinced by the noise at the door that it was being pushed open by someone bent upon forcing his way into the room.  The defendant, fearing that the intruder was a robber or a thief, leaped to his feet and called out. "If you enter the room, I will kill you." At that moment he was struck just above the knee by the edge of the chair (thought to be an unlawful aggression) which had been placed against the door.  Seizing a common kitchen knife which he kept under his pillow, the defendant struck out wildly at the intruder who, it afterwards turned out, was his roommate, Pascual who is...

  CRIMINAL LAW DEFINITION OF TERMS 1. CRIMINAL LAW- is that branch or division of law which defines crimes, treats of their nature, and provides for their punishment. 2. CRIME- crime is defined as an act committed or omitted in violation of public law forbidding or commanding it. 3. GENERAL (characteristic of criminal law) - general, in that criminal law is binding on all persons who live or sojourn in Philippine territory. 4. TERRITORIAL (characteristic of criminal law) - in that criminal law undertakes to punish crimes committee within Philippine territory. 5. PROSPECTIVE-(characteristic of criminal law)- in that a penal law cannot make an act punishable in a manner in which it was not punishable when committed. 6. FRENCH RULE- such crimes are not triable in courts of that country, unless their commission affects the peace and security of the territory or the safety of the state is endangered. 7. ENGLISH RULE-such crimes are triable in that country, unless they merely affect thin...