BULACAN STATE UNIVERSITY

COLLEGE OF CRIMINAL JUSTICE EDUCATION

CRIMINAL LAW 1 - CASE DIGEST

Masepequina v. CA
G.R. No. L-51206 - August 25, 1989
CORTES, J.

FACTS:

Patrolmen Norberto Masipequina and Jovencio Alampayan were ordered by the sub-station
commander to apprehend Leopoldo Potane as the Barangay Captain of Barrio Abehilam, San
Isidro, Bohol requested assistance in getting him as he showed signs of recurring insanity since
his arrival from Mindanao in 1974. He has been acting violently and has actually threatened his
wife, brothers, daughters, and even his parents with death.
The policemen there then proceeded to the house of Petro Potane, where Leopoldo was after
having a conference with the barangay captain and the family of Leopoldo. They also sign a
document authorizing the policemen to apprehend Leopoldo. Together with Leopoldo's
childhood friend, they urged him to come down, but Leopoldo refused. The accused, Pat.
Masipequina, then told Leopoldo about what he heard about the previous incident he had done
to his family, and that is where Leopoldo asked the accused to come upstairs. He then obliged
and went up to the house as he was followed by Nicolas Potane with a petromax lamp.
Leopoldo then emerged from a room and rushed at him with a bolo. Pat Masipequina was hit in
the nose, which caused him to lose balance. The latter drew his revolver and fired shots.
Ampalaya shot him to the tight after the first shot missed and the two shots on his chest, but
Leopoldo continued to chase him and was poised to hack him with the bolo, so Ampalaya shot
him to the tight.

ISSUE:
Whether or not, given the undisputed facts, petitioner Masipequina had acted in lawful self-
defense.

RULLING:
Yes. The elements of defense of stranger are: (1) unlawful aggression; (2) reasonable necessity
of the means employed to prevent or repel it; and (3) lack of sufficient provocation on the part of
the person defending himself.
There was an unlawful aggression on the part of the victim when he rushed towards the
accused with a bolo. The second element is also present because Leopoldo, with his bolo,
causes injuries and could die. And lastly, there is no sufficient provocation. His goal, together
with Ampalaya's, was to apprehend Leopoldo and only do their duties as police officers.