Galan, Alicia Gertrudes B.
Criminal Law I – TBA2
October 5, 2020
CRIMINAL LAW CASE DIGEST – BATCH 2
Article 11 of the Revised Penal Code
Justifying Circumstance
1. Velasquez vs. People, G.R. No. 195021, March 15, 2017 (Self-Defense)
Ponente: Justice Marivic Leonen
Doctrine: Self Defense
Facts: In the evening of May 24, 2003 at Brgy. Palua, Mangaldan, Pangasinan, spouses Jesus
and Ana Del Mundo left their home to sleep in their nipa hut, which was about 100 meters away from
their home. There, they saw Ampong and Nora Castillo in the midst of having sex. Appalled at what he
saw to be a defilement of his property, Jesus cursed at Ampong and Nora, who both ran away. Jesus
then pursued the couple while his wife, Ana, left to fetch their son. Jesus looked for the couple in the
house of Ampong’s aunt, but neither of them was there.
When Jesus was on his way home, he was blocked by Ampong and his companion, and
co-accused, Nicolas. Nicolas, without provocation, hit the left side of Jesus’ forehead with a stone. Victor
also hit Jesus’ eyebrow with stone. Felix hit Jesus’ above his left ear. Sonny struck Jesus with a bamboo,
hitting him at the back. Then, they left him on the ground.
Jesus testified on his own ordeal, which was corroborated by Maria Teresita. The
findings of the medico-legal, issued by Dr. De Guzman, indicated that he suffered skull fracture, among
the other injuries incurred. Furthermore, Dr. De Guzman noted that Jesus’ injuries required medical
attention for four to six weeks, and was advised to undergo surgery.
The defense denied the allegations, and narrated that Jesus, being inebriated, did he
first attacks. The RTC found the petitioners guilty beyond reasonable doubt of attempted murder. CA
found the petitioners only liable for serious physical injuries because the intent to kill was not attendant,
that despite their numbers and strength, left the victim alive, and second, none of the injuries was fatal.
Issue: Whether or not the petitioners are
• Nacnac vs. People, G.R. No. 191913, March 21, 2012 (self-defense)
• People vs. Rubiso, G.R. No. 128871, March 18, 2003 (self-defense)
• Baxinela vs. People, G.R. No. 149652, March 24, 2006 (fulfilment of duty)