US Vs AH Chong Digested

US vs AH Chong
G.R. No. L-5272 March 19, 1910

CARSON, J.: with dissenting opinion
Mistake of facts is excusable.
Facts:
The defendant, Ah Chong, was employed as a cook at "Officers' quarters, No. 27," Fort
Mc Kinley, Rizal Province, and at the same place Pascual Gualberto, deceased, was
employed as a house boy or muchacho.
One night, Ah chong was awakened by a noise coming from a knock on the door. He asked the
persons Identity but he never had a response.
Due to the heavy growth of vines along the front of the porch, the room was very dark, and the
defendant, fearing that the intruder was a robber or a thief, leaped to his feet and called out. "If
you enter the room, I will kill you." At that moment he was struck just above the knee by the
edge of the chair which had been placed against the door. In the darkness and confusion the
defendant thought that the blow had been inflicted by the person who had forced the door open,
whom he supposed to be a burglar, though in the light of after events, it is probable that the chair
was merely thrown back into the room by the sudden opening of the door against which it rested.
Seizing a common kitchen knife which he kept under his pillow, the defendant struck out wildly
at the intruder who, it afterwards turned out, was his roommate, Pascual. Pascual ran out upon
the porch and fell down on the steps in a desperately wounded condition, followed by the
defendant, who immediately recognized him in the moonlight. Seeing that Pascual was wounded,
he called to his employers who slept in the next house, No. 28, and ran back to his room to
secure bandages to bind up Pascual's wounds.
The deceased and the accused, who roomed together and who appear to have on
friendly and amicable terms prior to the fatal incident, had an understanding that when
either returned at night, he should knock at the door and acquiant his companion with
his identity.
Defendant was placed under arrest forthwith, and Pascual was conveyed to the military
hospital, where he died from the effects of the wound on the following day.
Accused defense : Mistake of facts:
At the trial in the court below the defendant admitted that he killed his roommate,
Pascual Gualberto, but insisted that he struck the fatal blow without any intent to do a
wrongful act, in the exercise of his lawful right of self-defense.
Prosecutions argument:
The evidence clearly discloses that the intruder was not a thief or a "ladron." That
neither the defendant nor his property nor any of the property under his charge was in
real danger at the time when he struck the fatal blow. That there was no such "unlawful
aggression" on the part of a thief or "ladron" as defendant believed he was repelling
and resisting, and that there was no real "necessity" for the use of the knife to defend
his person or his property or the property under his charge.
Issue: WON mistake of facts excuses criminal liability.
Held:
Yes, a mistake of facts excuses criminal liability. Since evil intent is in general an inseparable
element in every crime, any such mistake of fact as shows the act committed to have proceeded
from no sort of evil in the mind necessarily relieves the actor from criminal liability provided
always there is no fault or negligence on his part. Viada, while insisting that the absence of
intention to commit the crime can only be said to exempt 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, nevertheless admits and recognizes in his discussion of the provisions
of this article of the code that in general without intention there can be no crime. (Viada, vol. 1,
p. 16.)
Dispositive judgment:
A careful examination of the facts as disclosed in the case at bar convinces us that the defendant
Chinaman struck the fatal blow alleged in the information in the firm belief that the intruder who
forced open the door of his sleeping room was a thief, from whose assault he was in imminent
peril, both of his life and of his property and of the property committed to his charge; that in
view of all the circumstances, as they must have presented themselves to the defendant at the
time, he acted in good faith, without malice, or criminal intent, in the belief that he was doing no
more than exercising his legitimate right of self-defense; that had the facts been as he believed
them to be he would have been wholly exempt from criminal liability on account of his act; and
that he can not be said to have been guilty of negligence or recklessness or even carelessness in
falling into his mistake as to the facts, or in the means adopted by him to defend himself from the
imminent danger which he believe threatened his person and his property and the property under
his charge.
The judgment of conviction and the sentence imposed by the trial court should be reversed, and
the defendant acquitted of the crime with which he is charged and his bail bond exonerated, with
the costs of both instance de oficio.
Legal etc.
The ancient wisdom of the law, equally with the modern, is distinct on this subject. It
consequently has supplied to us such maxims as Actus non facit reum nisi mens sit rea, "the act
itself does not make man guilty unless his intention were so;" Actus me incito factus non est
meus actus, "an act done by me against my will is not my act;" and others of the like sort.

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US vs AH Chong

G.R. No. L-5272 March 19, 1910

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