Beruflich Dokumente
Kultur Dokumente
L-30527-28
PEOPLE v RICOHERMOSO
FACTS:
Geminiano de Leon, together common-law wife Fabiana Rosales, son Marianito de Leon and one
Rizal Rosales, encountered Pio Ricohermoso. Geminiano owned a parcel of land in that barrio
which Ricohermoso cultivated as kaingin. Geminiano asked Ricohermoso about his share of the
palay harvest. Ricohermoso answered that Geminiano could go to his house anytime and he would
give the latter palay.
Upon returning from his trip, Germiniano stopped at Ricohermoso's place and asked him about the
palay, to which the latter answered in a defiant tone: "Whatever happens, I will not give you palay”.
Severo Padernal and Juan Padernal appealed from the decision of the Circuit Criminal Court at
Lucena City, convicting them of murder, sentencing each of them to reclusion perpetua and
ordering them to pay solidarily the sum of twelve thousand pesos to the heirs of Geminiano de
Leon and to pay the costs
ISSUE:
Whether or not appellant Juan Padernal can invoke the justifying circumstance of avoidance of a
greater evil or injury.
DECISION:
NO. Juan Padernal’s reliance on the justifying circumstance is erroneous because his act in
preventing Marianito from shooting Ricohermoso and Severo Padernal, the aggressors in this case,
was designed to insure the killing of Geminiano de Leon without any risk to the assailants
and not an act to prevent infliction of greater evil or injury. His intention was to forestall any
interference in the assault. Judgment of the lower court as to appellant Juan Padernal is affirmed
with costs against him.