G.R. No. 181626. May 30, 2011
SANTIAGO PAERA, Petitioner,
vs
PERALTA PEOPLE OF THE PHILIPPINES, Promulgated: Respondent.
FACTS: As punong barangay of Mampas, Bacong, Negros Oriental, petitioner Santiago Paera (petitioner) allocated his constituents use of communal water coming from a communal tank by limiting distribution to the residents of Mampas, Bacong. The tank sits on a land located in the neighboring barangay of Mampas, Valencia and owned by complainant Vicente Darong (Vicente), father of complainant Indalecio Darong (Indalecio). Despite petitioners scheme, Indalecio continued drawing water from the tank. On 7 April 1999, petitioner reminded Indalecio of the water distribution scheme and cut Indalecios access. The following day, petitioner inspected the tank after constituents complained of water supply interruption. Petitioner discovered a tap from the main line which he promptly disconnected. To stem the flow of water from the ensuing leak, petitioner, using a borrowed bolo. It was at this point when Indalecio arrived. What happened next is contested by the parties.
According to the prosecution, petitioner, without any warning, picked-up his bolo and charged towards Indalecio, shouting Patyon tikaw! (I will kill you!). Indalecio ran for safety, passing along the way his wife, Diosetea Darong (Diosetea) who had followed him to the water tank. Upon seeing petitioner, Diosetea inquired what was the matter. Instead of replying, petitioner shouted Wala koy gipili, bisag babaye ka, patyon tikaw! (I dont spare anyone, even if you are a woman, I will kill you!). Diosetea similarly scampered and sought refuge in the nearby house of a relative. Unable to pursue Diosetea, petitioner turned his attention back to Indalecio. As petitioner chased Indalecio, he passed Vicente, and, recognizing the latter, repeatedly thrust his bolo towards him, shouting Bisag gulang ka, buk-on nako imo ulo! (Even if you are old, I will crack open your skull!).
According to petitioner, however, it was Indalecio who threatened him with a bolo, angrily inquiring why petitioner had severed his water connection. This left petitioner with no choice but to take a defensive stance using the borrowed bolo, prompting Indalecio to scamper.
According to the prosecution, petitioner, without any warning, picked-up his bolo and charged towards Indalecio, shouting Patyon tikaw! (I will kill you!). Indalecio ran for safety, passing along the way his wife, Diosetea Darong (Diosetea) who had followed him to the water tank. Upon seeing petitioner, Diosetea inquired what was the matter. Instead of replying, petitioner shouted Wala koy gipili, bisag babaye ka, patyon tikaw! (I dont spare anyone, even if you are a woman, I will kill you!). Diosetea similarly scampered and sought refuge in the nearby house of a relative. Unable to pursue Diosetea, petitioner turned his attention back to Indalecio. As petitioner chased Indalecio, he passed Vicente, and, recognizing the latter, repeatedly thrust his bolo towards him, shouting Bisag gulang ka, buk-on nako imo ulo! (Even if you are old, I will crack open your skull!).
According to petitioner, however, it was Indalecio who threatened him with a bolo, angrily inquiring why petitioner had severed his water connection. This left petitioner with no choice but to take a defensive stance using the borrowed bolo, prompting Indalecio to scamper.
ISSUES
1. WON the petitioner is guilty of three counts of Grave Threats.
2. WON the defense of property of stangers applicable
HELD:
1. YES, we see no reason to extensively pass upon his use of the notion of complex crime to avail of its liberal penalty scheme. It suffices to state that under Article 48 of the RPC, complex crimes encompass either (1) an act which constitutes two or more grave or less grave offenses; or (2) an offense which is a necessary means for committing another and petitioner neither performed a single act resulting in less or less grave crimes nor committed an offense as a means of consummating another.
2. NO, here is likewise no merit in petitioners claim of having acted to defend and protect the water rights of his constituents in the lawful exercise of his office as punong barangay. The defense of stranger rule under paragraph 3, Article 11 of the RPC, which negates criminal liability of;
"anyone who acts in the defense of the person or rights of a stranger, provided that the first and second requisites mentioned in the first circumstance of this article are present and that the person defending be not induced by revenge, resentment or other evil motive."
Requires proof of (1) unlawful aggression on the part of the victim; (2) reasonable necessity of the means employed to prevent or repel it; and (3) absence of evil motives such as revenge and resentment. None of these requisites obtain here. Not one of the Darongs committed acts of aggression against third parties rights when petitioner successively threatened them with bodily harm. Indeed, all of them were performing ordinary, peaceful acts Indalecio was standing near the water tank, Diosetea was walking towards Indalecio and Vicente was standing in the vegetable garden a few meters away. With the element of unlawful aggression absent, inquiry on the reasonableness of the means petitioner used to prevent or repel it is rendered irrelevant. As for the third requisite, the records more than support the conclusion that petitioner acted with resentment, borne out of the Darongs repeated refusal to follow his water distribution scheme, causing him to lose perspective and angrily threaten the Darongs with bodily harm.
2. NO, here is likewise no merit in petitioners claim of having acted to defend and protect the water rights of his constituents in the lawful exercise of his office as punong barangay. The defense of stranger rule under paragraph 3, Article 11 of the RPC, which negates criminal liability of;
"anyone who acts in the defense of the person or rights of a stranger, provided that the first and second requisites mentioned in the first circumstance of this article are present and that the person defending be not induced by revenge, resentment or other evil motive."
Requires proof of (1) unlawful aggression on the part of the victim; (2) reasonable necessity of the means employed to prevent or repel it; and (3) absence of evil motives such as revenge and resentment. None of these requisites obtain here. Not one of the Darongs committed acts of aggression against third parties rights when petitioner successively threatened them with bodily harm. Indeed, all of them were performing ordinary, peaceful acts Indalecio was standing near the water tank, Diosetea was walking towards Indalecio and Vicente was standing in the vegetable garden a few meters away. With the element of unlawful aggression absent, inquiry on the reasonableness of the means petitioner used to prevent or repel it is rendered irrelevant. As for the third requisite, the records more than support the conclusion that petitioner acted with resentment, borne out of the Darongs repeated refusal to follow his water distribution scheme, causing him to lose perspective and angrily threaten the Darongs with bodily harm.
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