Persons and Family Relations: Case Digest 1

US vs Ah Chong
The evidence in this case is limited to the testimony of the accused himself,
because from the very nature of these facts and from the circumstances
surrounding the incident upon which these proceedings rest, no other
evidence as to these facts was available either to the prosecution or to the
defense.
Facts:
Ah Chong was employed as a cook at Officers quarters, No. 2, at Fort
McKinley, Rizal Province, while Pascual Gualberto was employed as a
house boy. They solely occupied the Officers quarters as it is being
occupied only for officers mess or club. The two jointly occupied a small
room toward the rear of the building.
On the night of 14 August 1908, at about 10 oclock, Ah Chong stabbed
Gualberto thinking that he is a burglar/intruder.
Before the incident:
Ah Chong called out twice, Who is there?
Warned the alleged intruder: If you enter the room, I will kill
you.
Ah Chong thought that he was struck by the person who had
forced the door open because of the darkness (due to heavy
growth of vines) and confusion.
He seized a common knife which he kept under his pillow and
struck out wildly at the intruder.
There have been several robberies in Fort McKinley not long prior to the
date of the incident, one of which took place in a house in which Ah Chong
was employed as cook. He alleged that because of the repeated robberies
why he kept a knife under his pillow for his personal protection.
Ah Chong and Gualberto had an understanding that when either returned at
night he should knock at the door and acquaint his companion with his
identity.
Ah Chong admitted instantly that he had stabbed his roommate.
Ah Chong was charged with the crime of assassination and found guilty by
the trial court of simple homicide, with extenuating circumstances and
sentenced to six years and one day presidio mayor, the minimum penalty
prescribed by law.
Issue: Whether or not the defendant can be held criminally liable.
Ruling:
Court thinks that there can be no doubt that Ah Chong would be entitled to
complete exception from criminal liability for the death of Gualberto under
Art. 8 of the Penal Code which provides:
The following are not delinquent and are therefore exempt from criminal
liability:
xxx xxx xxx
4. He who acts in defense of his person or rights, provided there are
following attendant circumstances:
(1) Illegal aggression.
(2) Reasonable necessity of the means employed to prevent or repel it.
(3) Lack of sufficient provocation on the part of the person defending
himself.
The Court believed that under the circumstances such as the thrice-repeated
warning to desist, Ah Chongs threat that he would kill the intruder if he
persisted in his attempt, the darkness of the night, the small room with no
means to escape, and with the thief advancing upon him despite his
warnings, Ah Chongs act would have been wholly justified in using any
available weapon to defend himself from such assault. However, the Court
further contends that the evidence clearly discloses that the intruder was not
a thief.
The Court holds that there is no criminal liability for an act done in grounds
of mistake of fact, that the accused would be exempted from criminal
liability if the facts were as he supposed them to be. Provided, that the
alleged ignorance or mistake of fact was not due to negligence or bad
faith.
Art. 1 of the Penal Code- any person voluntarily committing an act shall
incur criminal liability even if he committed it different from which he had
intended to commit.
- However, some circumstances (see the case p. 7) overcomes
this provision as well as of malice and criminal intent.
Persons and Family Relations: Case Digest 2

The Court holds that Ah Chong acted in good faith, without malice or
criminal intent in the belief that he was doing no more exercising his
legitimate right of self-defence; 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.
The Court ruled that the sentence imposed by the trial court should be
reversed and the defendant acquitted of the crime with which he is charged
and his bail bond exonerated.