GR 45344; (November, 1938) (Digest)
G.R. No. 45344 ; November 29, 1938
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. VICENTE P. ANCHETA, ET AL., defendants. VICENTE P. ANCHETA, ISIDORO DEL ROSARIO, and BENITO GASPI, appellants.
FACTS
Appellants, all members of the Philippine Constabulary stationed in Balabac, Palawan, were charged with the murder of Justice of the Peace Guillermo Salazar. The incident stemmed from a prior altercation where appellant Lt. Vicente Ancheta was assaulted by the Sanson brothers. During that assault, Salazar took Ancheta’s pistol. Later, a detachment of soldiers, led by Sgt. Isidoro del Rosario and including Pvt. Benito Gaspi, was sent to arrest the Sanson brothers and Salazar. During the arrest, Del Rosario struck Salazar, and as Salazar fell, Gaspi shot and killed him. The trial court convicted Del Rosario and Gaspi as principals and Ancheta as an accomplice.
ISSUE
Whether the appellants are criminally liable for the killing of Guillermo Salazar.
RULING
No. The Supreme Court reversed the trial court’s judgment and acquitted all appellants. The Court found that the evidence established Gaspi shot Salazar in defense of Del Rosario’s life, as Salazar was allegedly about to shoot Del Rosario with Ancheta’s pistol. Therefore, Gaspi acted in lawful defense of a stranger under Article 11(3) of the Revised Penal Code and is exempt from criminal liability. Consequently, Del Rosario and Ancheta must also be acquitted. The Court noted the trial court may have been unduly influenced by local sentiment against the appellants.
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