Midnight of December 22, 1936, the defendant and appellant Anastacio Apolinar alias
Atong was at that time the occupant of a parcel of land owned by Joaquin Gonzales in
Papallasen, La Paz, Umingan, Pangasinan. Armed with a shotgun, Atong was looking
over said land when he observed that there was a man carrying a bundle on his
shoulder. Believing that he was a thief (of palay), the defendant called his attention but
he ignored him.The defendant fired in the air and then at the person. The man,
identified as Domingo Petras, was able to get back to his house and consequently
narrated to Angel Natividad, the barrio chief, that he had been wounded in the back by a
shotgun. He then showed the two wounds - one in each side of the spinal column which wounds were circular in formand a little bigger than a quarter of an inch,
according to the medical report of Dr. Mananquil. Petras died of the wounds he
sustained.The defendant surrendered to the authorities immediately after the incident
and gave a sworn statement (Exhibit F) before the Justice of Peace of Umingan on
December 23, 1936.
Issue
Whether or not, the killing of Petras was justified by defense of property
Held/Ruling:
No; the right to property is not of such importance as right to life, and defense of
property can be invoked as a justifying circumstance only when it is coupled with an
attack on the person of one entrusted with said property.