US VS BUMANGLAG

FACTS: Herein defendant Rafael Bumanglag noticed that he lost 40

bundles of Palay which were kept in his granary. Upon his search of the
articles on the following morning, he found them on an inclosed field
100 meters from his granary. He waited near the said field along with 2
other companions to know the person who got hold of his Palay. A man,
Guillermo Ribis arrived and approached the palay and attempted to
carry it but at that instant he was approached by Bumanglag and his
companions who assaulted the presumed thief with sticks and stabbing
weapons and as the result of the struggle, Ribis died.
ISSUE: Whether or not the justifying circumstance of Defense of
Property is present in this case
HELD: No. The Supreme Court held that there is no unlawful
aggression present in this case and there is an absence of other
requisites which would fully or partially exempt the accused from
criminal responsibility. However, the court took into consideration the
presence of the mitigating circumstance No. 7 of Article 9 of RPC
because the defendant acted with loss of reason and self control upon
seeing that Ribis was taking material possession of the palay.