Saturday, February 25, 2012

People vs. Alconga

Facts: On May 27, deceased Silverio Barion, the banker of the card game, was playing black jack against Maria De Raposo. De Raposo and Alconga were partners in the game, they had one money. Alconga was seated behind Barion and he gave signs to De Raposo. Barion, who was suffering losses in the game, found this out and he expressed his anger at Alconga. The two almost fought outright this was stopped. 

The two met again on May 29. when Alconga was doing his job as a home guard. While the said accused was seated on a bench in the guardhouse, Barion came along and said “Coroy, this is your breakfast” followed by a swing of his “pingahan”, a bamboo stick. Alconga avoided the blow by falling to the ground under the bench with the intention to crawl out of the guardhouse. A second blow was given by Barion but failed to hit the accused, hitting the bench instead. Alconga managed to go out of the guardhouse by crawling on his abdomen. While Barion was about to deliver the 3rd blow, Alconga fired at him with his revolver, causing him to stagger and hit the ground. The deceased stood up, drew forth his dagger and directed a blow to the accused who was able to parry the attack using his bolo. A hand to handfight ensued. The deceased, looking already beaten and having sustained several wounds ran away. He was followed by the accused and was overtaken after 200 meters. 

A second fight took place and the deceased received a mortal bolo blow, the one which slasehde the cranium. The deceased fell face downward besides many other blows delivered. Alconga surrendered. 

Issue: Whether or not self-defense can be used as a defense by Alconga

Held: No. Self-defense cannot be sustained. Alconga guilty of Homicide 

The deceased ran and fled w/o having to inflicted so much a scratch to Alconga, but after, upon the other hand, having been wounded with one revolver shot and several bolo slashes the right of Alconga to inflict injury upon him has ceased absolutely/ Alconga had no right to pursue, no right to kill or injure. He could have only attacked if there was reason to believe that he is still not safe. In the case at bar, it is apparent that it is Alconga who is the superior fighter and his safety was already secured after the first fight ended. There was no more reason for him to further chase Barion. The second fight will be treated differently and independently. Under the first fight, self-defense would have been valid, but that is not the case in the second fight. In the second fight, there was illegal aggression on the part of Alconga and as a result, he is found guilty of Homicide with no mitigating circumstance (MC) of Provocation 

Note – Provocation in order to be an MC must be sufficient and immediately preceding the act. “It should be proportionate to the act committed and adequate to stir one to its commission” 

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