Case Digest (G.R. No. 24014)
Case Digest (G.R. No. 24014)
Facts:
The People of the Philippine Islands v. Gregorio Lara, G.R. No. 24014, October 16, 1925, the Supreme Court En Banc, Street, J., writing for the Court.The accused-appellant, Gregorio Lara, was convicted by the Court of First Instance of the Province of Abra for homicide in connection with the death of Cayetano Querido and sentenced to reclusion temporal for fourteen years, eight months and one day, ordered to indemnify the heirs P1,000, and to pay costs. The instant appeal seeks reversal of that judgment.
On the night of September 25, 1924, Querido and four companions gathered at a crossing in front of Lara’s house and loudly insulted Lara, taunting him about a concubine (using slang expressions such as “they are eating your chow” and “they are burning your clothes”). Lara, angered, took down a revolver kept by a guest, Bureau of Lands employee Rufino Roque, loaded two cartridges, and went into the street; Querido and his companions scattered. Querido and a youth, Artemio Casel, hid; Querido then jumped out and grappled Lara in an apparent effort to seize the pistol. A struggle ensued; the revolver discharged, the bullet passing through Querido’s abdomen. Querido continued to struggle, thereafter threw an arm about Lara’s neck and called for aid; Roque also became entangled and was later held by Querido. Mariano Dolor arrived, took the pistol, and all went to the municipal building for investigation. Querido died about three days later, after signing two written statements that did not describe the precise circumstances of the discharge but admitted Lara did the shooting and that Lara had rancor toward Querido.
At trial Lara argued the shooting occurred during a continuous struggle for the pistol and thus constituted self-defense under paragraph 4 of Article 8 of the Penal Code. The trial court nevertheless convicted him of homicide. On appeal to the Supreme Court (by appeal from the Court of First Instance), the Court reviewed witness testimony, Lara’s own statements, and the circumstances (nighttime, ambush, surprise, struggle over weapon) and reversed the conviction, finding self-defense. Justice Romualdez filed a dissent contesting the Court’s finding that the deceased had superior strength or that the danger persisted after the wound.
Issues:
- Did the evidence establish that Gregorio Lara acted in lawful self-defense under paragraph 4 of Article 8 of the Penal Code?
- Were the means employed by Lara — firing the revolver during the struggle — reasonably necessary to repel the assault?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)