THE UNITED STATES vs. AH CHONG G.R. No. L-5272, March 19, 191 !

ACTS" The defendant, Ah Chong and Pascual Gualberto were employed as a cook and the latter as a muchacho. The two occupied the same room and no one else occupied the same building. On the night of August 1 , 1!"#, Gualberto had gone out for a walk lea$ing Ah Chong alone in the room. About 1" o%clock on that night Ah Chong was suddenly awakened by some one trying to force open the door of the room. &e called out, '(ho is there)* +ecei$ing no reply, he said, '-f you enter the room - will kill you.* &e then sei.ed a knife and went to the door, which was suddenly pushed open, and Gualberto entered. -t was $ery dark in the room. Ah Chong struct out our wildly at the intruder, and inflicted blows upon Gualberto which $ery shortly thereafter resulted in his death. Ah Chong thought the intruder was a ladron. &e was tried for the killing of Gualberto and found guilty of homicide and sentenced to si/ years and one day of presidio mayor. Iss#$" (hether or not Accused0appelant Ah Chong be held criminally liable for the death of his roommates) H$%&" -n broader terms, ignorance or mistake of fact, if such ignorance or mistake of fact is sufficient to negati$e a particular intent which under the law is a necessary ingredient of the offense charged 'cancels the presumption of intent* and works an ac1uittal2 e/cept in those cases where the circumstances demand a con$iction under the penal pro$isions touching criminal negligence2 and in

cases where, under the pro$isions of article 1 of the Penal Code one $oluntarily committing a crime or misdemeanor incurs criminal liability for any wrongful act committed by him, e$en though it be different from that which he intended to commit. (hile insisting that the absence of intention to commit the crime can only be said to e/empt from criminal responsibility when the act which was actually intended to be done was in itself a lawful one, and in the absence of negligence or imprudence, ne$ertheless admits and recogni.es in his discussion of the pro$ision of this article of the code that in general without intention there can be no crime. There can be no crime, large or small, without an e$il mind. Actus non facit reum nisi mens sit rea, The act itself does not make man guilty unless his intention were so. The 3udgment of con$iction was re$ersed, and the defendant ac1uitted of the crime with which he is charged and his bail bond e/onerated, with the costs of both instances de oficio.