Case Summary (G.R. No. 1523)
Case Background
The defendant, Jacinto Sosa, was charged with homicide following an incident where he fatally injured the deceased during a physical altercation. The established facts reveal that the deceased aggressively attacked Sosa, initiating the confrontation without any provocation on Sosa's part. The fight escalated to the point where the deceased attempted to choke Sosa, leading to a hand-to-hand struggle. In defense of his life, Sosa, armed with a club due to his position as a municipal policeman, struck the deceased in the head, causing a skull fracture that ultimately led to the deceased's death three days later.
Judicial Findings and Lower Court Decision
The lower court adjudicated the case under the provisions of the Penal Code, specifically subsection 1 of Article 9, determining that although Sosa did not provoke the assault, the means of defense he employed—the club—was not deemed reasonably necessary. Consequently, Sosa was sentenced to three years of correctional imprisonment and ordered to indemnify the heirs of the deceased with a sum of one thousand pesos. The ruling implied a finding of criminal liability despite recognizing the illegitimate assault by the deceased.
Public Prosecution's Argument
The public prosecution contended for Sosa's acquittal, arguing that all legal circumstances under subsection 4 of Article 8 of the Penal Code, which outlines conditions for self-defense that exempt an individual from criminal liability, were present in this case. They stressed that Sosa acted in the heat of the moment, believing he was defending himself from an unprovoked and violent attack.
Appellate Review and Ruling
Upon review, the appellate court concurred with the prosecution’s argument. The court noted that the deceased had gained physical control over Sosa, having engaged in violent behavior which justified Sosa's response. Although Sosa was armed with both a club and a knife, he opted for the club, suggesting his intent was primarily to repel the aggression rather than to kill
...continue readingCase Syllabus (G.R. No. 1523)
Case Overview
- The case involves the defendant, Jacinto Sosa, who is charged with homicide.
- The incident occurred in Cabugao, Ilocos Sur, where Sosa was a municipal policeman.
- The deceased attacked Sosa without provocation, leading to a physical confrontation.
Facts of the Case
- The deceased initiated the attack on Sosa, striking him with fists, kicking, and attempting to choke him.
- Sosa, feeling threatened and unable to escape, engaged in a hand-to-hand fight.
- Armed with a club due to his position as a policeman, Sosa struck the deceased on the head, resulting in a skull fracture.
- The deceased succumbed to his injuries three days post-incident.
Lower Court Findings
- The lower court acknowledged the lack of provocation on Sosa's part and recognized the assault against him.
- The court, however, concluded that Sosa's response was not reasonably necessary under the circumstances.
- Consequently, Sosa was sentenc