G.R. No. 38435; September 19, 1933
THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee, vs. EMILIO ORONGAN and PEDRO JEREZ, defendants. EMILIO ORONGAN, appellant.

FACTS

Emilio Orongan and Pedro Jerez were charged with homicide. The incident occurred during a gambling game (hantak). Orongan was the banker. A rural policeman, Carlos Caparoso, arrived to break up the game and accidentally stepped on Jerez’s foot. Jerez pushed or struck Caparoso. Orongan then stabbed Caparoso in the abdomen with a knife, causing fatal injuries. The trial court convicted Orongan of homicide and sentenced him to reclusion temporal. Orongan appealed, claiming self-defense and the presence of mitigating circumstances.

ISSUE

Whether the trial court erred in not appreciating the justifying circumstance of self-defense and mitigating circumstances in favor of appellant Orongan.

RULING

No. The Supreme Court found no merit in Orongan’s claim of self-defense. The evidence, including the testimony of eyewitnesses from the gambling game, showed the assault was unprovoked. Caparoso was performing his duty as a policeman. Orongan’s version, alleging the deceased attacked him, was deemed a fabrication, especially as he did not mention such an attack in his initial statement. The act of stabbing the victim in the abdomen with a long knife indicated an intent to cause grave injury. Considering the victim was a peace officer discharging his duty, the Court increased Orongan’s penalty to seventeen years of reclusion temporal. The conviction was affirmed with modification as to the penalty.

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