Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
He was found guilty as co-principal in the crime, sentencing him to death and
payment for actual, moral and exemplary damages.
ISSUE/HELD/RATIO:
He contends that the RTC did not acknowledge the presence of threat and
irresistible force employed upon him by his co-accused;
o WON he can claim exemption from criminal liability under Art.
12, par. 5 of the RPC (Exempting circumstance: acted under the
compulsion of an irresistible force): YES.
o SC said he was unarmed and unable to protect himself when he was
prevented at gunpoint from leaving the crime scene during the
commission of the crime. He was also only forced to help them escape.
o A person who acted under this circumstance acted without freedom.
Actus me invito factus non est meus actus (An act done by me against
my will is not my act)
o The duress, force, fear or intimidation must be present,
imminent and impending as to induce well-grounded apprehension
of death or serious bodily harm. It leaves no opportunity for escape or
self-defense in equal combat. It is so formidable that the person is
reduced to a mere instrument who not only acts without will but also
against his will.
o The RTC was wrong in saying his fear was merely speculative, fanciful
and remote since a gun pointed at him could not be constitute
irresistible force because it did not pass the test required by the law
and jurisprudence.
It is natural that a person threatened with weapons will
normally, usually and probably do what an armed man asks
them to do, nothing more, nothing less.
A person in his situation would be more concerned with his
personal welfare and security rather than the safety of a person
whom he only saw for the first time that day.
Upon cross-examination, he said that Santos gun was pointed at
him and he (Santos) threatened to kill even his family.
o He is then exempt from criminal liability since by reason of fear of
bodily harm he was compelled against his will to transport his coaccused away from the crime scene.
RTC did not consider his defense that he was not part of the
conspiracy; WON he was part of the conspiracy: Like, of course
not. Duh. Conspiracy is planned in utmost secrecy. It is when two or
more persons aim their acts towards the accomplishment of the same
unlawful object, each doing a part so that their combined acts, though
apparently independent, were in fact connected and cooperative,
indicating a closeness of personal association and a concurrence odd