Scribd
Upload
103 views2 pages

Self-Defense Case: Sumicad Acquitted

1) Julian Sumicad was engaged in gratuitous labor hauling logs when Segundo Cubol insulted and physically attacked him. Cubol continued striking Sumicad as he tried to escape and cornered him against a pile of logs. 2) Sumicad then struck Cubol with a bolo, inflicting wounds that caused his death. Sumicad was found guilty of homicide by the Court of First Instance. 3) However, the Supreme Court ruled Sumicad acted in self-defense as Cubol's aggression was unlawful, Sumicad reasonably defended himself, and Sumicad did not provoke Cubol. The Supreme Court reversed the lower court's decision and absolved

Uploaded by

ces erese
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
103 views2 pages

Self-Defense Case: Sumicad Acquitted

1) Julian Sumicad was engaged in gratuitous labor hauling logs when Segundo Cubol insulted and physically attacked him. Cubol continued striking Sumicad as he tried to escape and cornered him against a pile of logs. 2) Sumicad then struck Cubol with a bolo, inflicting wounds that caused his death. Sumicad was found guilty of homicide by the Court of First Instance. 3) However, the Supreme Court ruled Sumicad acted in self-defense as Cubol's aggression was unlawful, Sumicad reasonably defended himself, and Sumicad did not provoke Cubol. The Supreme Court reversed the lower court's decision and absolved

Uploaded by

ces erese
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

People of the Philippines, plaintiff-appellee

Vs.

Julian Sumicad, defendant=appellant.

G.R. No. L-35524, March 18, 1932

Street, J.:

Facts:

The accused Julian Sumicad was engaged in the gratuitous labor of hauling logs in the
Municipality of Plaridel, Misamis Occidental. At around 5:30 in the afternoon of February 23,
1931, Segundo Cubol passed along the place where the accused and his fellow workers are
resting. Sumicad demanded that his five and a half days service should be paid. But, Cubol
shouted to ask for clarification as to what Sumicad talked about, followed with insulting
expression. The former hit the latter with his fist. The accused 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. As the victim pressed upon him, Sumicad
struck Cubol and delivered a blow on his right shoulder and two deep cuts on his forehead. The
incident was witnessed by Francisco Villegas, he advised Sumicad to put up his bolo and turn
himself to the authorities. The Court of First Instance found Julian Sumicad guilty of the offense
of Homicide.

Issue:

Whether or not the accused acted on self-defense?

Ruling:

Yes. All the elements necessary to constitute justifiable self-defense were present in this case.

As stated in Article 11, paragraph 1 of the Revised Penal Code, (1) Anyone who acts in defense
of his person or rights provided that the following circumstances concur: First, Unlawful
aggression; Second, Reasonable necessity of the means employed to prevent or repel it; Third,
Lack of sufficient provocation on the part of the person defending himself.

The Supreme Court reversed the decision of lower court and the appellant absolved from the
information, with costs of both instances de oficio.

You might also like