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Olbinar vs. CA - CASE DIGEST

The petitioner, Procerfina Olbinar, witnessed her husband being attacked and bloodied by Fernando Jimenez and Romeo Cahilog. When she tried to intervene without success, she retrieved a bolo from her home. When Fernando Jimenez tried to grab the bolo from her, she brandished it wildly and hit him in order to stop the attack on her husband. The Court ruled that Procerfina acted in justifiable defense of her husband as she found him the victim of an unlawful aggression and used means that were not unreasonable given the circumstances to protect him from the two assailants.

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Ella Kriziana Cruz
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451 views1 page

Olbinar vs. CA - CASE DIGEST

The petitioner, Procerfina Olbinar, witnessed her husband being attacked and bloodied by Fernando Jimenez and Romeo Cahilog. When she tried to intervene without success, she retrieved a bolo from her home. When Fernando Jimenez tried to grab the bolo from her, she brandished it wildly and hit him in order to stop the attack on her husband. The Court ruled that Procerfina acted in justifiable defense of her husband as she found him the victim of an unlawful aggression and used means that were not unreasonable given the circumstances to protect him from the two assailants.

Uploaded by

Ella Kriziana Cruz
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Olbinar vs.

CA

Facts:
The petitioner, Procerfina Olbinar, filed a petition to review the decision of CA.

On June 8, 1980 in Brgy Caliclic, Babak, Davao. The petitioner heard her husband shouting, asking for
help. She ran to the scene and saw Fernando Jimenez and Romeo Cahilog mauling
her husband who, bloodied, was down on the ground.She she tried to
stop the assailants; but not succeeding, she had swiftly run back to
her home, taken a bolo and returned to the scene. Fernando Jimenez
intercepted her and tried to grab the bolo from her.To avoid being
disarmed, she wildly brandished the bolo and in the process hit
Jimenez, and thus succeeded in stopping the attack on her husband.

Issue:
WON the petitioner is guilty beyond reasonable doubt of the felony of Serious Physical Injuries.

Ruling:

NO. TheCourt is therefore satisfied that Procerfina had acted in


justifiable defense of her husband. In the situation in which she had
found herself, she was justified in believing that her husband was
the victim of an unlawful aggression by two (2) men, who had gotten
the better of him and had already succeeded in bloodying his face and
dropping him to the ground; she had no way of knowing if her husband
had given provocation for the attack; she herself had not given any
such provocation; and the means employed by her were not in the
premises unreasonable considering that without any weapon, she was no
match for either of the assailants, much less both of them.

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