No. 1744 ls 18,1935) PEOPLE OF THE PHILIPPINES. pint and apelee, ns ANASTACIO APOLINAR, Gfendan and appellant PENAL LAW, HOMICIDE, DEFENSE OF PROPERTY AS EXTENUATION FOR CRIMINAL LIABILITY, =the decease, por fovtsng the [al low, wae caring om hi aes a sack of play coming fom the la ile bythe defendant. tis said. That the Tab eeaperty nw of atch ipertance itt i, an dense of property canbe invoked as juaifpng icumstance only ‘When ics coupled wh an stack onthe pron of ono enfased th sad ropes. (rom the Decisions of the Supreme Cou of Sosy APPEAL ffor a jdgimant of he Cour of Fit Insane of Pangisina, Felix “The ties este inte option othe cour HONTIVERS. J Didngh ofDocember 2, 1936 the dfendus and appllint Anataco Apoiar alias Atong as tha time the oceupat ofa patel ‘Mand womnod by feuqun Gonzales in Papas, La Paz, Unga, Purgasoan. Armed with a shoigan, Aton was looking vor id Tan when he observed a there was ata eating a bande on is sbulde. Believing that be was thie of ply) the deere. ‘lle his stntion hat he ignored fim, Thsteter, he defer ied shear and then atte pesen, io however managed is ‘The person, wie woud lace be Mefified ux Dering Patras, was able 1 gt back tis house and conseqety arated to Ange! ‘Nate, the ao cht thn be bad been wounded in th ek y a shotgun fr geting aly om the part of he and lle by the tpvelantAtoos Hethen showed the reo wounds one each side the sping clu - which wounds were cult i fort and Tie bigger than quater of an inch acordng othe wade epot oF Dr Manag, om which it coal be infer that she sho of he defer: was oe with “he defendant sender the authocisimeitly aftr she incidene an wave soon sateen (Exit) beove the ie of Peace of Uimingen on Decenber 23, 1936, He ae iat on tat aig, upon sein & person coming fom the vate, ety & Sick filed with ple. he shouted to ak wo it wes bat singe there aso Jesponse, be Hel in thea ‘Then, he asked agai, and nee the oun eave no response sil and snsend tural round ard cared 0 fe, be fed at fim. ‘he defendant seid netting teen any agora eis) commited ot ateited by sil mun vows dhe bao chit Bonifacio Mexdones, which aggression {Sh thease his defense before the Cur of Fst Instance of Pangsinas when thi iss was ass Said defense, theres Uae Moreover according to the defeat and his iret, te saxession agus Mendoves was cued ct by sid Peres Sith blo la the preset cise no ola has heen rested before tbe Court gua, which would Nave support the defense Tinde=d {he doen hal been red ha right UP Tie ISR RARYBvidence shows that upon sting srousy wounded, he ‘efeca. Howeves, thin snot sien or te defend impontange as ght oi, and defense 0 property can ‘onthe parson of ae ented with said propery was uyng the sek opal on hs ars coming som the an by the tobe iid sori tk deceased. Terie pope is tof ash be ved as justin cucurtance ey when i coupled wih ene ack Although lagimete defense cannot be appreciated in vor ofthe deendant inthe case abr, che extending sireunstunco of hitestion can nonetheless be considered inks favor. (ante of volaray sender tothe eters The meee of nae Sicumunnees withor any aggravating cvcumstance seduces the senenae to the ext lower poaly A le senlonen cone ie. pin mayer. purus 1th provisos of par. $ of Article 6 the Reis Pel Cad Cunideng the ets uth ae dbeie tt julgnent mst be molied. We boieve tha it ms be woifed by migsing on te Sadan tnd ppaog a {edaerinat Peay wih a minimum of year of pri comet anda matimute ef Yet a one day ofrtoon nate With his modiieation, we aim ll thes reapets fe aprlce decison wih cone aga pian: Socrdeed Hortons Pres. Pasa imperat and Abr, MA, neu deat me a ao ae