Case Summary (G.R. No. L-35645)
Petitioner and Respondent
• Petitioner: People of the Philippines (Plaintiff-Appellee)
• Respondent: Rodolfo Olarbe y Balihango (Accused-Appellant)
Key Dates
• Incident: Night of May 7–8, 2006
• RTC Judgment: August 13, 2014 (Branch 27, Santa Cruz, Laguna)
• CA Decision: March 22, 2016 (CA-G.R. CR-HC No. 07112)
• Supreme Court Decision: July 23, 2018 (G.R. No. 227421)
Applicable Law
• 1987 Philippine Constitution (post-1990 decision)
• Revised Penal Code, Article 11 (Justifying Circumstances: self-defense and defense of a stranger)
Procedural History
• RTC convicted Olarbe of murder with evident premeditation and treachery; sentenced to 20 years & 1 day to reclusion perpetua, with civil damages.
• CA affirmed the conviction but reduced damages to temperate damages of ₱25,000.
• Olarbe elevated the case to the Supreme Court, invoking self-defense and defense of a stranger.
Facts of the Case
• Around midnight Olarbe and his wife were sleeping when Arca, armed with a converted airgun (.22) and a bolo, fired a shot outside their home and shouted death threats.
• Arca forcibly entered, aimed his rifle at them, and Olarbe wrested the gun away and shot him, causing Arca to lean.
• Despite the head wound, Arca drew his bolo and attacked Juliet; Olarbe struggled for the bolo and hacked Arca to death.
• Immediately thereafter, Olarbe surrendered to police and reported the killing.
Issue
Whether Olarbe successfully proved by clear and convincing evidence the justifying circumstances of (1) self-defense and (2) defense of a stranger under Article 11, Revised Penal Code.
Elements of Self-Defense and Defense of a Stranger
Under Article 11, Revised Penal Code, the accused must establish:
- Unlawful aggression by the victim;
- Reasonable necessity of the means employed to prevent or repel the aggression;
- Lack of sufficient provocation (self-defense) or absence of revenge or other evil motive (defense of a stranger).
Supreme Court’s Analysis
• Unlawful Aggression: Arca’s midnight intrusion, threats, brandishing of a converted rifle, and continued assault with a bolo constituted actual and imminent unlawful aggression.
• Reasonable Necessity: The fight for both gun and bolo at point-blank range created a genuine perception of deadly peril. In emergencies, the law requires only a rational—not perfect—equivalence between attack and defense. Olarbe’s use of the victim’s weapons was proportionate to the ongoing threat.
• Lack of Provocation/Evil Motive: Nothing in the record suggested Olarbe provoked the attack or acted out of revenge; he acted to protect himself and his spouse. His immediate surrender further corroborated his innocence.
• Speculation by Lower Courts: The RTC and CA erred in spe
Case Syllabus (G.R. No. L-35645)
Background
- G.R. No. 227421 decided on July 23, 2018 by the Supreme Court Third Division.
- Plaintiff-Appellee: People of the Philippines; Accused-Appellant: Rodolfo Olarbe y Balihango.
- Subject matter: killing of Romeo Arca and plea of self-defense and defense of a stranger.
Procedural History
- August 13, 2014: RTC Branch 27, Santa Cruz, Laguna, convicts Olarbe of murder in Criminal Case No. SC-12274.
- March 22, 2016: Court of Appeals affirms RTC decision, modifies damages.
- Appeal to the Supreme Court on grounds of rejected justifying circumstances.
Facts of the Case
- Date and place: May 7, 2006, around midnight in Sitio Pananim, Barangay San Antonio, Municipality of Luisiana, Laguna.
- Victim: Romeo Arca armed with an airgun converted to .22 caliber rifle and a bolo; appeared drunk.
- Incident sequence:
- Arca fires the rifle outside Olarbe’s house and shouts threats to kill.
- Arca forcibly enters, aims the rifle at Olarbe and his wife.
- A struggle for the rifle ensues; Olarbe wrests the gun and fires, striking Arca in the head.
- Arca, despite the wound, draws his bolo and charges at Olarbe’s common-law wife.
- Olarbe seizes the bolo in a second struggle and hacks Arca, inflicting multiple lacerations and hacking wounds.
- Aftermath: Olarbe voluntarily surrenders to police hours after the killing.
Charge
- Murder under Revised Penal Code with evident premeditation, treachery, and use of deadly weapons (converted rifle and bolo).
- Information alleges instantaneous death from gunshot and hacking wounds, to the