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    PP Vs Cabungcal

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    The appellant invited several people on a picnic by boat. One passenger, Juan, began rocking the boat dangerously with the appellant's wife and child aboard. When Juan refused to stop, the appellant struck him twice with an oar to make him stop endangering the boat. The second blow caused the boat to capsize. The appellant was able to save all the passengers except Juan, whose body was later recovered. The court ruled the appellant was not guilty of homicide because he acted in lawful defense of the lives of the passengers, including his wife and child, using means reasonably necessary given the emergency situation.

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    PP Vs Cabungcal

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    Name Toom
    49 views1 page
    The appellant invited several people on a picnic by boat. One passenger, Juan, began rocking the boat dangerously with the appellant's wife and child aboard. When Juan refused to stop, the appellant struck him twice with an oar to make him stop endangering the boat. The second blow caused the boat to capsize. The appellant was able to save all the passengers except Juan, whose body was later recovered. The court ruled the appellant was not guilty of homicide because he acted in lawful defense of the lives of the passengers, including his wife and child, using means reasonably necessary given the emergency situation.

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    Crim law

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    pp vs Cabungcal

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    The appellant invited several people on a picnic by boat. One passenger, Juan, began rocking the boat dangerously with the appellant's wife and child aboard. When Juan refused to stop, the appellant struck him twice with an oar to make him stop endangering the boat. The second blow caused the boat to capsize. The appellant was able to save all the passengers except Juan, whose body was later recovered. The court ruled the appellant was not guilty of homicide because he acted in lawful defense of the lives of the passengers, including his wife and child, using means reasonably necessary given the emergency situation.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    49 views1 page

    PP Vs Cabungcal

    Uploaded by

    Name Toom
    The appellant invited several people on a picnic by boat. One passenger, Juan, began rocking the boat dangerously with the appellant's wife and child aboard. When Juan refused to stop, the appellant struck him twice with an oar to make him stop endangering the boat. The second blow caused the boat to capsize. The appellant was able to save all the passengers except Juan, whose body was later recovered. The court ruled the appellant was not guilty of homicide because he acted in lawful defense of the lives of the passengers, including his wife and child, using means reasonably necessary given the emergency situation.

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    PEOPLE v. NARCISO CABUNGCAL, GR No.

    28451, 1928-08-01
    Facts:
    On March 21, 1926 the appellant invited several persons to a picnic in a fishery on
    his property in Infanta, Province of Tayabas.
    They spent the day at the fishery, and in the afternoon returned in two boats, one
    steered by the appellant and the other by an old woman named Anastasia Peñaojas.
    Nine persons were in the boat steered by the appellant, among them the appellant's
    wife and son and a nursing child.
    Juan Loquenario was another passenger in the appellant’s boat. Upon reaching a
    place of great depth, the deceased rocked the boat, and it started to take water. The
    appellant asked the deceased not to do it but the deceased paid no attention and
    continued rocking the boat, so the appellant struck him on the forehead with an
    oar.
    The deceased fell into the water and was submerged, but after a little while appeared
    on the surface, grasping the side of the boat. Juan said that he was going to capsize
    it and started to move it with this end in view. The women began to cry, whereupon
    the appellant struck him on the neck with the same oar, which submerged the
    deceased again.
    With the movement that the appellant made in giving him the second blow, the boat
    upset and the appellant proceeded to save his passengers. Anastasia Penaojas, who
    steered the other boat, and who at that time was about 200 or 300 meters away,
    having heard the cries of the wrecked persons, quickened its speed, repaired to and
    arrived in time to pick up the passengers who are clinging to the side of the capsized
    boat. The appellant, after having thus saved his passengers, proceeded to search for
    the deceased but was unable to find him and his body was recovered later.
    Issues:
    WON the appellant is guilty of the crime of homicide
    Ruling:
    In view of all the circumstances of the case, in doing what the appellant did was in
    lawful defense of the lives of the passengers of the boat, two of whom were his wife
    and child. The recourse of taking the boat to the shore was not adequate in those
    circumstances, because that would require sometime, whereas the deceased might
    in an instant cause the boat to capsize without giving time to arrive at the shore.
    The appellant having acted in defense of his wife and child and the other passengers
    in the boat and the means employed having been reasonably necessary in this
    defense, while it was at the cost of the life of the deceased, he is completely exempt
    from criminal liability

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