G.R. No. 39630 ; November 13, 1933
THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee, vs. LEONCIO ROXAS, defendant-appellant.

FACTS

The defendant-appellant, Leoncio Roxas, was convicted by the Court of First Instance of Mindoro of the crime of homicide. The information alleged that on February 22, 1933, in Puerto Galera, Mindoro, Roxas, armed with an automatic pocket-knife, willfully assaulted and wounded Felicisimo Garcia, inflicting fatal wounds that caused Garcia’s instantaneous death. He was sentenced to twelve years and one day of reclusion temporal and ordered to indemnify the heirs of the deceased. On appeal, the defense argued that the trial court erred in not appreciating the exempting circumstance of legitimate defense and in imposing reclusion temporal instead of prision mayor. The defense also raised that Roxas was a minor below eighteen at the time of the offense.

ISSUE

1. Whether the exempting circumstance of legitimate defense under Article 11 of the Revised Penal Code is applicable.
2. Whether the penalty imposed was correct, considering the appellant’s claim of minority as a mitigating circumstance.

RULING

1. No, legitimate defense is not applicable. The Supreme Court affirmed the trial court’s findings of fact, which were amply supported by evidence. Even assuming the deceased was the aggressor, the appellant admitted the aggressor was unarmed. There was no rational necessity for the means (use of a knife) employed by the accused to repel the attack. Therefore, Article 11 of the Revised Penal Code on legitimate defense could not be invoked to exempt him from criminal liability.
2. The penalty must be modified due to minority. The Supreme Court found that the appellant was seventeen years and eight months old at the time of the offense, as evidenced by Exhibit A. Under Article 13, paragraph 2, of the Revised Penal Code, minority below eighteen is a mitigating circumstance. Furthermore, the Court found the presence of additional mitigating circumstances: provocation by the deceased, obfuscation, and voluntary surrender. Consequently, the part of the judgment imposing reclusion temporal and indemnity was revoked. Applying Article 80 of the Revised Penal Code, the Court ordered that the appellant be placed in the Philippine Training School for Boys at Welfareville under the custody of the Commissioner of Public Welfare until he attains majority, subject to the provisions of said article. The case was remanded to the trial court for further proceedings.

AI Generated by Armztrong.