US vs Ah Chong

G.R. No. L-5272

15 Phil 488

March 19, 1910

Petitioner: The United States

Respondent: Ah Chong

FACTS: Ah Chong was a cook in Ft. McKinley. He was afraid of bad elements. One evening, before going to bed, he locked himself in his room by placing a chair against the door. After having gone to bed, he was awakened by someone trying to open the door. He called out twice "Who is there?", but received no answer. Fearing that the intruder was a robber, he leaped from his bed and called out again, "If you enter the room, I will kill you." But at that precise moment, he was struck by the chair that had been placed the door and believing that he was being attacked he seized a kitchen knife, struck and fatally wounded the intruder who turned out to be his roommate. Thereupon, he called to his employers and rushed back int the room to secure the bandages to bind up the wound. Defendant was charged with murder.

ISSUE: Whether or not Ah Chong may be held criminally responsible for murder in the case at bar.

HELD: The Court held that Ah Chong must be acquitted. 

Had the facts been as Ah Chong believed them to be, he would have been justified in killing the intrude. Par. 1, Art XI of the Revised Penal Code (RPC) provides that in order for the act to be justified, the requisites must be present.

Requisites (Honest Mistake of Fact): 

1) Unlawful agression on the part of the victim

2) Reasonable necessity of the means employed to prevent or repel the unlawful aggression

3) Lack of sufficient provocation on the part of the person defending himself

If the victim was really a robber, forcing his way into the room of Ah Chong, there would have been unlawful aggression, there would have been a necessity on the part of Ah Chong to defend himself and/or his home and the knife would have been a reasonable means to prevent or repel such aggression. 

The act done by Ah Chong was merely an act done due to Honest Mistake of Fact. The Court acquits Ah Chong.

• Criminal Law 1: Honest Mistake of Fact (Textbook: Reyes - Book 1, Professor: Atty. Amurao)

♥ Reese Corpuz