GR 30764; (July, 1929) (Digest)
G.R. No. 30764, July 16, 1929
PEOPLE OF THE PHILIPPINE ISLANDS vs. FLORENCIO MANGANTILAO
FACTS
On the night of November 5, 1926, in Dulag, Leyte, the appellant, Florencio Mangantilao, returned home to find his wife and children terrified. An unknown assailant (later identified as Severino Amarilla), who was drunk and had no right to be there, was outside their home, making bolo thrusts through the coconut leaf wall of the house and threatening the family. The assailant challenged Mangantilao to come out and fight, threatening to enter if he did not. In the darkness, and believing the assailant was armed, Mangantilao stabbed the assailant’s forearm as it was thrust through the wall for the third time. The assailant died from the wound. The following day, Mangantilao voluntarily reported the incident to the police. He was charged with murder, convicted of homicide by the trial court, and sentenced to ten years and one day of prision mayor.
ISSUE
Whether the appellant is criminally liable for the death of Severino Amarilla, considering the circumstances under which he acted in defense of his home and family.
RULING
No. The Supreme Court REVERSED the trial court’s judgment and ACQUITTED the appellant. The Court, agreeing with the recommendation of the Solicitor-General, held that Mangantilao acted in the lawful defense of his person, his home, and his family. A person has the right to act on the appearances of a situation. The deceased, while drunk, unlawfully terrorized Mangantilao’s wife and children in their own home and, upon Mangantilao’s return, repeatedly thrust a bolo through the wall in a violent and threatening manner while issuing challenges. Under these circumstances, any man loving his family would naturally act to repel such an aggressive intrusion. The reasons applied in the analogous cases of U.S. vs. Paras and U.S. vs. Ah Chong were deemed applicable. The appellant was ordered released immediately.
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