Case Digest (G.R. No. L-162)
Facts:
- On May 27, 1943, a gambling game occurred at Mauricio Jepes' house in San Dionisio, Iloilo.
- Silverio Barion was the banker in a blackjack game, and Maria de Raposo was a player.
- Dioscoro Alconga partnered with Maria, each contributing P5, and acted as a spotter, signaling her about Barion's cards.
- Barion confronted Alconga after realizing the cheating, leading to a heated argument.
- Barion left, threatening Alconga with violence the next morning.
- On May 29, Barion approached Alconga while he was on guard duty, swinging a bamboo stick at him.
- Alconga dodged the attack, but Barion attempted to strike again, missing and hitting a bench.
- As Barion prepared for a third blow, Alconga shot him, leading to a physical altercation.
- Barion, despite being wounded, attacked Alconga with a dagger.
- Alconga pursued Barion, inflicting further injuries, including a fatal blow to Barion's head.
- Alconga was later taken into custody by Adolfo Bracamonte, the leader of the home guards.
- Various weapons were found at the scene, including a revolver, bolo, and dagger.
- The trial court convicted Alconga of homicide, considering mitigating circumstances of voluntary surrender and provocation.
Issue:
- (Unlock)
Ruling:
- The court ruled that Alconga was justified in claiming self-defense during the initial encounter.
- However, Alconga's self-defense claim could not be sustained during the second stage of the fight, as Barion was fleeing and no longer posed a threat.
- The court affirmed the trial court's recognition of voluntary surre...(Unlock)
Ratio:
- The Supreme Court held that Alconga's initial response to Barion's aggression was justified as self-defense when Barion attacked him with a bamboo stick.
- Self-defense is valid only when there is unlawful aggression; once Barion fled, the aggression ceased, and Alconga...continue reading
Case Digest (G.R. No. L-162)
Facts:
On the night of May 27, 1943, in the municipality of San Dionisio, Province of Iloilo, a gambling game was taking place at the house of Mauricio Jepes. The deceased, Silverio Barion, was the banker in a game of blackjack, and Maria de Raposo was one of the players. Dioscoro Alconga, the appellant, joined Maria as a partner, each contributing P5 to the common fund. Alconga acted as a spotter for Maria, signaling her about Barion's cards, which led to Barion's losses. Upon realizing the cheating, Barion confronted Alconga, resulting in a heated exchange that almost escalated into a physical fight, but was interrupted by the game's maintainer. Barion left the house, threatening Alconga with the words, "tomorrow morning I will give you a breakfast," implying a threat of violence.
On May 29, 1943, Alconga was on duty in a guard house when Barion approached him, declaring, "Coroy, this is your breakfast," and swung a bamboo stick (pingahan) at him. Alconga dodged the blow and fell to the ground. Barion attempted to strike again but missed, hitting the bench instead. As Barion prepared to deliver a third blow, Alconga shot him with a revolver, causing Barion to stagger. Afterward, Barion drew a dagger and attacked Alconga, leading to a hand-to-hand fight. Despite sustaining multiple wounds, Barion fled but was pursued by Alconga, who inflicted further injuries, including a fatal blow to Barion's head. Adolfo Bracamonte, the co...