Case Crim
Case Crim
Case Crim
Decena
G.R. No. 107874, 235 SCRA 67
August 4, 1994
Facts:
Issue:
Facts:
Issue:
Held:
Held:
The court found George Decena y Rocaberte guilty of homicide and
sentencing him indeterminate of eight years of prison mayor as a
minimum, to a maximum of fourteen years and eight months of
reclusion temporal.
Held:
Facts:
Issue:
Held:
February 2, 2007
Facts:
The petitioner seeks for reversal of the decision of the
Sandiganbayan. The petitioner PO2 Rufino Mamangun filed a
petition for review when he was convicted by the Sandiganbayan
with the crime of homicide for firing shots to the suspected robber
Gener Contreras the night when the petitioner along with PO2
Carlito Cruz and PO2 Hobert O. Diaz are responding to a robberyholdup incident at Brgy. Calvario, Meycauayan, Bulacan.
Contreras told them Hindi ako twice but the petitioner fatally shot
Contreras. The petitioner insisted that the shooting was done in
performance of fulfilment of duty or in lawful exercise of a right or
office and that Contreras was about to strike him on the head with a
steel pipe. The petitioner argued that the testimony made by Ayson
was incredible and riddled with inconsistencies.
Issue:
WON the shooting was justified by self-defense.
WON the killing was done in the performance of a duty.
Held:
The court ruled that decision made by the Sandiganbayan is
affirmed and the petition made by Mamangun is denied. Ayson was
afraid that the policemen would detain him and made him not to not
leave his house. Self-defense was absent in this case which was an
essential and primary element of unlawful aggression. Gunshots
made by the petitioner were not needed and there was no rational
necessity for killing Contreras. Moreover, there can only be
incomplete in the absence of a necessary justifying
circumstance that the injury or offense committed was caused
by necessary consequence of due performance of duty.