Article 8 of the Penal Code

United States v. Ah Chong Article 568 of the Penal Code

The following are not delinquent and
Felonies and Criminal Liability>A. Felonies>2. How Committed>a. Dolo>(v) Mistake of fact areHe who shall
therefore execute
exempt through
from reckless
criminal
Date: March 19, 1910 negligence an act that, if done with
liability:
Ponente: Carson, J. malice, would constitute a grave crime,
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shall be punished with the penalty of
4. He
arresto
who acts
mayor
in defense
in its maximum
of his person
degree,
ISSUES: or rights,
to prision
provided
correccional
there are
in its
theminimum
following
degree,attendant
and with circumstances:
arresto mayor in its
1. WoN a person, by a mistake of fact, who does a criminal act is exempt from criminal liability, provided minimum and medium degrees if it
(1) Illegal aggression.
that (1) had he known the true facts, he would have acted differently, and (2) his mistake of fact was not shall constitute a less grave crime.
due to negligence or bad faith. (2) Reasonable necessity of the means
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employed to prevent or repel it.
FACTS: (3) Lack of sufficient provocation on the
part of the person defending himself.
1. Ah Chong was a cook at Fort McKinley, Rizal Province. He lived in a quarter near his workplace with his
roommate, Pascual Gualberto, a houseboy where Ah Chong also works.
Article 1 of the Penal Code
2. Their quarter was isolated with some 40 meters distance from the next building. They were the only
ones living in that house. Their room only had two openings: one window and one door, both on the Crimes or misdemeanors are voluntary acts
and omissions punished by law.
same side. Right outside their room, on the other side of the wall with the door and window, was a
porch cladded heavily with vines which makes the room very dark at night. The door did not have a lock Acts and omissions punished by law are
so they improvised with a makeshift lock using a hook, and they usually place a chair as counterforce for always presumed to be voluntary unless the
added security. contrary shall appear.

Any person voluntarily committing a crime

3. Their neighbourhood was not a safe place. Numerous robberies had been reported in the area. The
or misdemeanor shall incur criminal liability,
two roommates had an agreement that whenever one enters the room, he would knock and
even though the wrongful act committed be
introduce himself. different from that which he had intended
to commit.
4. On that fateful night, at around 10, Ah Chong was awakened by the sound of the door being forced open.
He called out twice, “Who is there?” but received no answer. Fearing that the unknown person was a
robber, he warned, “If you enter the room, I will kill you.”
 5. He already stood up and walked near the door when the chair suddenly hit his leg. He quickly took the Article 568 of the Penal Code
kitchen knife he stashed under his pillow and stabbed the intruder in the stomach. He went out to the
He who shall execute through reckless
porch illuminated by moonlight only to find to his horror that he stabbed his roommate. negligence an act that, if done with
malice, would constitute a grave crime,
6. Pascual died the next day.
shall be punished with the penalty of
arresto mayor in its maximum degree,
7. In his trial, Ah Chiong invoked self defense under Article 8 of the Penal Code to no avail. He was
to prision correccional in its minimum
sentenced with presido mayor (six years and one day).
degree, and with arresto mayor in its
minimum and medium degrees if it
8. He appealed to the Court his case.
shall constitute a less grave crime.
HOLDING: [UGH. Sobrang daming sinabing conflicting perspectives nung justice. I’ll try my best to write a [xxx]
brief but detailed summary.]

1. YES, the act is exempt from criminal liablity. “Under such circumstances, there is no criminal liability,
provided always that the alleged ignorance or mistake was not due to negligence or bad faith.”

2. According to Spanish jurist Pacheco, “voluntary” as used in Article 1 of the Penal Code means that,
“without intention, there can be no crime.” (For simplicity, “voluntary,” “intent,” “wilful,” and “malice,”
are more or less the same).

3. The above reasoning is confirmed by the legal maxims (“ancient wisdom of the law”): (1) facit reum nisi
mens sit rea (“the act itself does not make a man guilty unless his intention were so”), and (2) Actus me
invite factus non est meus actus (“an act done by me against my will is not my act”).

4. ON THE OTHER HAND, there is the doctrine Ignorantia juris non excusat (“Ignorance of the law excuses
no man”). “The courts have recognized the power of the legislature to forbid, in limited class of cases,
the doing of certain acts, and to make their commission criminal without regard to the intent of the
doer.”

5. WITH ALL THE LATIN PHRASES MENTIONED, THE COURT HELD THAT IT WILL FOLLOW THIS ONE:
Ignorantia facti excusat (“Ignorance or mistake in point of fact is, in all cases of supposed offense, a
sufficient excuse”).
 The judgment of conviction and the sentence imposed by the trial court should be reversed, Article 568 of the Penal Code
and the defendant acquitted of the crime with which he is charged and his bail bond He who shall execute through reckless
exonerated, with the cost of both instances de oficio. negligence an act that, if done with
malice, would constitute a grave crime,
So ordered. shall be punished with the penalty of
arresto mayor in its maximum degree,
DISSENTING OPINION: (I think this is worthy of mentioning because the court could have really held to prision correccional in its minimum
otherwise and could still justify just as well as they did with their original order) degree, and with arresto mayor in its
minimum and medium degrees if it
Torres, J. HELD THAT: shall constitute a less grave crime.
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1. The defendant was guilty of negligence and the act done by the deceased could not have warranted the
act done to him by the defendant despite the defendant’s belief that the deceased was a malefactor.
2. In accordance to Penal Code Article 568, the defendant must have a penalty of prision correccional.