Case Summary (G.R. No. 1098)
Background of the Incident
The circumstances leading to the case revolved around a disturbance caused by the deceased, Rufino Dizon. He was reportedly creating a scene outside Guevara's store, prompting Mendoza, as a policeman, to intervene and arrest him. Dizon's refusal to comply with Mendoza's directives escalated into a physical confrontation.
Evidence of Aggression
The court found substantial evidence indicating that Dizon did not merely resist arrest passively; rather, he exhibited unlawful aggression. Testimonies revealed that Dizon attacked Mendoza, which was corroborated by Guevara, who intervened in the altercation. Guevara's involvement is significant, as it demonstrated that the situation warranted a policeman’s intervention, suggesting Dizon's aggressiveness, rather than a mere passive resistance.
Legal Defenses Considered
The defendant argued that his use of lethal force was justified under Article 8, No. 4 of the Penal Code, asserting that he acted in self-defense against Dizon's aggression. However, the court determined that the complete defense under this provision was not established, as the requirement of provocation from the defendant was absent.
Determination of Necessity of Force
Despite acknowledging that Dizon had struck Mendoza with a "calicut" — a blunt instrument — the court opined that the nature of the weapon did not justify the use of deadly force. The court emphasized that Mendoza could not have reasonably perceived that killing Dizon was necessary to repel the attack. Thus, the defendant’s claim of complete self-defense was not validated.
Conclusion and Judgment
While acknowled
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Case Citation
- G.R. No. 1098.
- Date of Decision: April 06, 1903
- Jurisdiction: Philippine Supreme Court
Parties Involved
- Complainant/Appellee: The United States
- Defendant/Appellant: Licerio Mendoza
Background Facts
- The case arises from an incident involving the deceased, Rufino Dizon, who was reportedly creating a disturbance outside Alejandro Guevara's store.
- Licerio Mendoza, a policeman, attempted to arrest Dizon, who resisted the arrest actively rather than passively.
- Dizon not only refused to comply with Mendoza’s request to accompany him to the presidencia, but he also launched an attack against Mendoza.
Testimonies and Evidence
- Mendoza testified that Dizon attacked him, a claim supported by the testimony of Alejandro Guevara.
- Guevara intervened in the altercation, indicating the seriousness of Dizon's aggression, suggesting that a mere passive resistance would not have warranted such intervention.
- The evidence presented indicated that the defendant's revolver was discharged during the confrontation, with Guevara nearly being hit in the process.
Legal Findings
- The court concluded that there was substantial evidence of unlawful agg