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.
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