Facts:
The victim, Geminiano de Leon (Geminian), owned a parcel of land which Pio Ricohermoso (Ricohermoso) cultivated. Geminiano asked For his share of the palay harvest. Ricohermoso answered that he could go to his house anytime and would give him the palay. At about 2 PM of January 30, 1965, Geminiano together with his son, Marianito, went to Ricohermoso’s house to claim his share of the palay, the latter refused. Thereupon, Ricohermoso unsheathed his bolo and approached from Geminiano’s left side while Severo Padernal (Severo), the father-in-law of Ricohermoso, was on the right side of the victim. While the victim was pleading for his dear life, Ricohermoso stabbed him at the neck causing him to fall face down on the ground. While in that helpless position, he was hacked on the back with an axe by Severo Padernal.
While all these were going on, Juan Padernal (Juan), brother-in-law of Ricohermoso and son of Severo, lunged at Marianito from behind which disabled him from using his .22 caliber rifle to help his father. The duo rolled downhill on a patch and Marianito passed out. Upon awakening, Marianito’s rifle was gone and he walked uphill and saw his father dying. He carried his father for a short distance but Geminiano died at about 2PM of the same day.
Defendants, Severo and Juan Padernal, countered that it was the de Leons who attacked them and that they were merely defending themselves. The defendants later on recanted their statement.
The trial court found that Severo conspired with Ricohermoso and his son, Juan, to kill Geminiano de Leon.
Issue:
Whether or Not Art. 11, Par. 4 of the Revised Penal Code is applicable to Juan.
Held:
No, Art. 11, Para. 4 of the RPC is not applicable to Juan. The act of Juan in preventing Marianito from shooting Ricohermoso and Severo, who were the aggressors, was designed to insure the killing of Geminiano without any risk to his assailants. Juan was not avoiding any evil when he sought to disable Marianito. Juan’s malicious intention was to forestall any interference in the felonious assault made by his father and brother-in-law on Geminiano.
Art. 11, Para. 4 states:
Art. 11. Justifying circumstances. – The following do not incur any criminal liability:
xxx
4. Any person who, in order to avoid an evil or injury, does not act which causes damage to another, provided that the following requisites are present;
First. The evil sought to be avoided actually exists;
Second. That the injury feared be greater than that done to avoid it;
Third. That there be no other practical and less harmful means of preventing it.
The decision of the lower courts were affirmed by the SC.