lula
rt. 11: Defense of propertyPeople vs. Apolinar
Facts:
Midnight of December 22, 1936, the defendant andappellant Anastacio Apolinar alias Atong was at thattime the occupant of a parcel of land owned by JoaquinGonzales in Papallasen, La Paz, Umingan, Pangasinan.Armed with a shotgun, Atong was looking over said landwhen he observed that there was a man carrying abundle on his shoulder.Believing that he was a thief (of palay), the defendantcalled his attention but he ignored him.The defendant fired in the air and then at the person.The man, identified as Domingo Petras, was able to getback to his house and consequently narrated to AngelNatividad, the barrio chief, that he had been woundedin the back by a shotgun.He then showed the two wounds - one in each side of the spinal column - which wounds were circular in formand a little bigger than a quarter of an inch, according tothe medical report of Dr. Mananquil.Petras died of the wounds he sustained.The defendant surrendered to the authoritiesimmediately after the incident and gave a swornstatement (Exhibit F) before the Justice of Peace of Umingan on December 23, 1936.
Issue
: WON the killing of Petras was justified by defenseof property
Held:
No; the right to property is not of suchimportance as right to life, and defense of property canbe invoked as a justifying circumstance only when it iscoupled with an attack on the person of one entrustedwith said property.
People vs. Narvaez, 121 SCRA 389 (1983) FACTS:
Mamerto Narvaez has been convicted of murder(qualified by treachery) of David Fleischer and FlavianoRubia. On August 22, 1968, Narvaez shot Fleischer andRubia duringthe time the two were constructing a fence that wouldprevent Narvaez from getting into his house and ricemill. The defendant was taking a nap when he heardsounds of construction andfound fence being made. He addressed the group andasked them to stop destroying his house and asking if they could talk things over. Fleischer responded
Facts:
Midnight of December 22, 1936, the defendant andappellant Anastacio Apolinar alias Atong was at thattime the occupant of a parcel of land owned by JoaquinGonzales in Papallasen, La Paz, Umingan, Pangasinan.Armed with a shotgun, Atong was looking over said landwhen he observed that there was a man carrying abundle on his shoulder.Believing that he was a thief (of palay), the defendantcalled his attention but he ignored him.The defendant fired in the air and then at the person.The man, identified as Domingo Petras, was able to getback to his house and consequently narrated to AngelNatividad, the barrio chief, that he had been woundedin the back by a shotgun.He then showed the two wounds - one in each side of the spinal column - which wounds were circular in formand a little bigger than a quarter of an inch, according tothe medical report of Dr. Mananquil.Petras died of the wounds he sustained.The defendant surrendered to the authoritiesimmediately after the incident and gave a swornstatement (Exhibit F) before the Justice of Peace of Umingan on December 23, 1936.
Issue
: WON the killing of Petras was justified by defenseof property
Held:
No; the right to property is not of suchimportance as right to life, and defense of property canbe invoked as a justifying circumstance only when it iscoupled with an attack on the person of one entrustedwith said property.
People vs. Narvaez, 121 SCRA 389 (1983) FACTS:
Mamerto Narvaez has been convicted of murder(qualified by treachery) of David Fleischer and FlavianoRubia. On August 22, 1968, Narvaez shot Fleischer andRubia duringthe time the two were constructing a fence that wouldprevent Narvaez from getting into his house and ricemill. The defendant was taking a nap when he heardsounds of construction andfound fence being made. He addressed the group andasked them to stop destroying his house and asking if they could talk things over. Fleischer responded