Case Digest (G.R. No. 17650)
Facts:
The United States v. Artemio Mojica, G.R. No. 17650, February 15, 1922, the Supreme Court En Banc, Ostrand, J., writing for the Court.
The appellant, Artemio Mojica, a city policeman in Manila, was indicted for homicide for the killing of Crispin Macasinag, a Constabulary soldier, alleged to have occurred on or about December 14, 1920, in Manila. The lower court found Mojica guilty and sentenced him to fourteen years, eight months, and one day of reclusion temporal, the accessory penalties of the law, costs, and ordered indemnity of P1,000 to the heirs of the deceased. The case reached the Supreme Court on appeal from that conviction and sentence.
The underlying events began the evening of December 13, 1920, when a Constabulary soldier and a woman were found on the City Wall under suspicious circumstances and were taken in charge by the police. This incident angered Constabulary troops at Santa Lucia Barracks. Later that evening the appellant and another policeman, Evangelista, were stopped on the street by three armed Constabulary soldiers who ordered them to produce the arrested soldier and woman and threatened them. A patrol wagon's timely arrival prevented further violence.
On December 14, 1920, Mojica was detailed to patrol Calle Real. A large number of Constabulary men gathered on that street displaying hostility toward him; some pushed him off the sidewalk, and several kept a hand in their pockets in a manner that revealed the tips of knives. Mojica telephoned the Luneta police station repeatedly and, alarmed, took refuge in a restaurant, where he again summoned assistance; police reserves from Luneta arrived before he left the restaurant.
After the reserves arrived they attempted to disperse the Constabulary men, who in parts resisted. During this clearing one Constabulary soldier, Crispin Macasinag, was placed under arrest by an American police officer; Macasinag resisted, struck policeman Duque, was clubbed by Duque, and—apparently dazed—drew his mess kit knife and advanced upon Mojica. Mojica retreated a step or two, drew his revolver, and shot Macasinag, who later died of the wound.
Most witnesses corroborated this sequence. The Constabulary witnesses Bactoctoy and Odazco gave testimony partly at odds with others, attempting to portray peaceful intentions, but their carriage of knives...(Subscriber-Only)
Issues:
- Was the appellant's killing of Crispin Macasinag excused by self-defense under paragraph 4 of Article 8 of the Penal Code?
- If so, was the use of deadly force (a revolver) by a police officer reasonably necessary under the circumstances, considering the duties and permissible force of a l...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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