G.R. No.
L-5272.March 19, 1910.
CARSON, J.
Lesson: mistake of fact
Laws: Article 1 RPC
FACTS:
Ø August 14, 1908 About 10 pm: Ah Chong, a cook was suddenly awakened
by some trying to force open the door of the room. He sat up in bed and called
out twice, "Who is there?" He heard no answer and was convinced by
the noise at the door that it was being pushed open by someone bent upon
forcing his way into the room. The
defendant, fearing that the intruder was a robber or a thief, leaped to his
feet and called out. "If you enter the room, I will kill you." At
that moment he was struck just above the knee by the edge of the chair (thought
to be an unlawful aggression) which had been placed against the door. Seizing a common kitchen knife which he kept
under his pillow, the defendant struck out wildly at the intruder who, it afterwards
turned out, was his roommate, Pascual who is a house boy or muchacho who in the spirit of mischief was playing a
trick on him
Ø Seeing that Pascual was wounded, he called to his employers and ran
back to his room to secure bandages to bind up Pascual's wounds.
Ø There had been several robberies not long prior to the date of the
incident, one of which took place in a house where he was employed as cook so
he kept a knife under his pillow for his personal protection.
Ø trial court held it as simple homicide
ISSUE: W/N defendant can be held
criminally responsible who, by reason of a mistake as to the facts, does an act
for which he would be exempt from criminal liability if the facts were as he
supposed them to be, but which would constitute the crime of homicide or
assassination if the actor had known the true state of the facts at the time
when he committed the act.
HELD: trial court should be reversed, and the
defendant acquitted of the crime
NO.
·
GR: acts constituting the
crime or offense must be committed with malice or with criminal intent in order
that the actor may be held criminally liable
EX: it appears
that he is exempted from liability under one or other of the express provisions
of article 8 of the code
·
Article 1 RPC of the Penal
Code is as follows:
Crimes or misdemeanors are voluntary acts and
ommissions punished by law.
o
A person voluntarily
committing a crime or misdemeanor shall incur criminal liability, even though
the wrongful act committed be different from that which he had intended to commit.
o
voluntary act is a free, intelligent, and intentional act
o
"malice" signifying
the intent
o
Actus non facit reum nisi mens sit rea - "the
act itself does not make man guilty unless his intention were so
o
“ Actus me incito factus non est meus actus” - an act done by me against my will is not my
act
·
GR: courts have recognized the
power of the legislature to forbid, in a limited class of cases, the doing of
certain acts, and to make their commission criminal WITHOUT regard to the
intent of the doer
·
EX: intention of the lawmaker
to make the commission of certain acts criminal without regard to the intent of
the doer is clear and beyond question the statute will not be so construed
·
ignorantia facti excusat applies only when the mistake is committed without fault or
carelessness
·
defendant at the time, he
acted in good faith, without malice, or criminal intent, in the belief that he
was doing no more than exercising his legitimate right of self-defense; that
had the facts been as he believed them to be he would have been wholly exempt
from criminal liability on account of his act; and that he can not be said to
have been guilty of negligence or recklessness or even carelessness in falling
into his mistake as to the facts, or in the means adopted by him to defend
himself from the imminent danger which he believe threatened his person and his
property and the property under his charge.
