People of the Philippines v.

Del Rosario • The court found Del Rosario guilty as charged and sentenced him to death.
April 14, 1999 | Belosillo, J. | Elements of a Felony - Freedom • Del Rosario contended that the court erred in their ruling, arguing, among
others, that:
o The court did not consider the presence of threat and irrepressible force
PETITIONER: People of the Philippines
employed upon him
RESPONDENTS: Joselito Del Rosario

ISSUE/s:
SUMMARY: At gunpoint, Del Rosario was threatened and forced to help his co-
WoN Del Rosario is exempt from criminal liability - YES
accused in escaping the crime scene. Because of this, he and his co-accused are all
equally charged of the crime of Robbery with Homicide. Del Rosario contended
RULING: SC reversed and set aside the ruling of the court.
that he should be exempt from criminal liability because he has done his action
due to fear.
RATIO:
• A person who acts under the compulsion of an irresistible force, like one who
DOCTRINE: A person who acts under the compulsion of an irresistible force,
acts under the impulse of an uncontrollable fear of equal or greater injury, is
like one who acts under the impulse of an uncontrollable fear of equal or greater
exempt from criminal liability because he does not act with freedom.
injury, is exempt from criminal liability because he does not act with freedom.
• Del Rosario was threatened with a gun. He could not therefore be expected to
flee nor risk his life to help a stranger
FACTS: • The fear entertained by Del Rosario because of the gun directly pointed at him
• Tricycle driver Paul Alonzo witnessed a crime unfold in front of him: was real and imminent. Such fear rendered him immobile and subject to the
o Alonzo saw 2 men and a woman grappling for possession of a bag will of Santos. In effect, he could not be any more than an instrument acting
o The armed man chased a man trying to help, the other man kicked the against his will.
woman to the ground. • He is therefore exempt from criminal liability since by reason of bodily harm he
o The armed man returned and shot the woman on the head was compelled against his will to transport his co-accused away from the crime
o The bag was brought to the tricycle of the accused Del Rosario and scene
someone inside received it
o The armed man sat behind the driver and the other entered the sidecar.
The tricycle then left.
• Del Rosario narrated his version of the incident:
o He was hired by Boy Santos to drive him to the Blas Edward Coliseum
o However, Santos made him proceed to the market place to fetch Jun
Marquez and Dodong Bisaya.
o He was asked to stop at the scene of the crime at the pretest of buying a
cigarette.
o Bisaya then grappled the victim for her bag
o Del Rosario tried to leave and seek for help but Santos prevented him
and threatened to shoot him.
o Bisaya managed to get the bag. Marquez shot the victim on the head.
o Bisaya and Marquez boarded the tricycle and ordered Del Rosario to
drive towards Dicarma.
o Upon arriving at Dicarma, the three men warned and threatened Del
Rosario not to inform the authorities. Otherwise, he and his family will
be harmed.
• Del Rosario, Marquez, Santos, and Bisaya were charged with the special complex
crime of Robbery with Homicide.