Case Digest (G.R. No. 17650)
Facts:
- The case is People vs. Mojica, G.R. No. 17650, decided on February 15, 1922.
- Defendant Artemio Mojica served as a police officer in Manila.
- He was charged with homicide for the shooting of Crispin Macasinag, a Constabulary soldier.
- The incident took place on December 14, 1920, during heightened tensions between the police and the Constabulary.
- On December 13, Mojica and a colleague faced threats from three armed Constabulary soldiers.
- The following day, Mojica sought refuge in a restaurant.
- On December 14, he encountered aggressive Constabulary soldiers, including Macasinag.
- Macasinag violently resisted arrest and attacked Mojica with a knife.
- In response to the immediate threat, Mojica shot Macasinag, who later succumbed to his injuries.
- The lower court convicted Mojica of homicide, sentencing him to fourteen years, eight months, and one day of reclusion temporal, along with accessory penalties and an order to indemnify Macasinag's heirs.
Issue:
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Ruling:
- The Supreme Court reversed the lower court's decision.
- Mojica was acquitted of the homicide charge.
- The court determined that Mojica acted in legitimate self-defense against Macasinag's unlawful aggression. ...(Unlock)
Ratio:
- The ruling was grounded in self-defense principles outlined in the Penal Code, which require unlawful aggression, reasonable necessity of means, and absence of provocation.
- Macasinag's knife attack was identified as unlawful aggression, with no provocation from Mojica.
- Police officers are expected to confront aggression rather than r...continue reading
Case Digest (G.R. No. 17650)
Facts:
In the case of People vs. Mojica, G.R. No. 17650, decided on February 15, 1922, the defendant, Artemio Mojica, was a police officer stationed in Manila. He faced charges of homicide for the fatal shooting of Crispin Macasinag, a soldier in the Constabulary. The incident occurred on December 14, 1920, amidst heightened tensions between the police and the Constabulary, stemming from a prior investigation involving a Constabulary soldier and a woman. On the evening of December 13, Mojica and a fellow officer were threatened by three armed Constabulary soldiers, which led Mojica to seek refuge in a nearby restaurant the following day. On December 14, while on patrol, Mojica encountered a group of aggressive Constabulary soldiers, including Macasinag. During an attempt to arrest Macasinag, he violently resisted and attacked Mojica with a knife. In response to this immediate threat, Mojica drew his revolver and shot Macasinag, who succumbed to his injuries shortly after. The lower court found Mojica guilty of homicide, sentencing him to fourteen years, eight months, and one day of reclusion temporal, along with accessory penalties and an order to...