People vs. Sumicad, 56 Phil. 643 (1932)
Article 11 (Self Defense)
FACTS:
On the 23rd of February, 1931, Sumicad
along with his fellow workers saw Segundo Cubol passing along their place.
Sumicad demanded that his five and on half days service should be paid. Cubol
in shout asked for clarification as to what Sumicad asked then hit Sumicad with
his fist. Sumicad rose from the log trying to escape, but Cubol pursued him and
continued striking him with his fists. Sumicad continued to recede then found
himself cornered by a pile of logs.
Cubol lunged at Sumicad with evident intention of
wrestling the bolo of Sumicad. Sumicad struck Cubol and delivered a blow on his
right shoulder and two deep cuts on his forehead. This was witnessed by
Francisco Villegeas. Villegeas turned to Sumicad and told to put up his bolo
and go to the poblacion. Sumicad testified that Cubol attempted to draw a knife
from his pocket when he struck him with his bolo.
ISSUE:
Whether
or not Sumicad acted on self-defense.
Held:
Yes.
Ratio:
It is evident that the quarrel which resulted in the
death of Segundo Cubol was of his own making, and that Julian Sumicad was not
materially to blame in bringing about the trouble. Two of the elements of
self-defense were therefore clearly present, namely, that the deceased was the
aggressor and that there was lack of sufficient provocation on the part of the
accused.
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