CRIM 1 MASIPEQUIÑA Vs CA
CRIM 1 MASIPEQUIÑA Vs CA
51206, 1989-08-25
Facts:
Patrolmen Norberto Masipequiña was a policeman from Bohol. Together with another
policeman, he was charged with the crime of homicide for the death of Leopoldo Potane.
In the afternoon of December 21, 1976, Barangay Capt. Nicolas Potane and his father
Pedro, both from Barrio Abehilan, requested assistance from the Police Sub-station
Commander of San Isidro in apprehending Leopoldo Potane, the elder brother of Nicolas,
who has begun to show signs of recurring insanity.
Since his arrival from Mindanao in 1974, Leopoldo had been acting queerly and at times
violent.
On December 18, 1975, Leopoldo chased the wife of Nicolas with a bolo and almost hacked
her. He always carried a bolo, and had threatened his own family, brothers, and even his
parents with death.
Nicolas Potane and his immediate relatives wanted Leopoldo to be examined and treated
by the Provincial Health Officer for his mental ailment.
Patrolmen Norberto Masipequiña, armed with a .38 cal. revolver and Jovencio Alampayan,
armed with a Thompson submachine gun, were ordered by their commander to arrest
Leopoldo.
Before proceeding to the house where Leopoldo was, the policemen had a conference with
Barrio Captain Nicolas, Pedro, his mother Margarita and others.
During the said conference they signed a joint affidavit authorizing the 'peace officer' of the
San Isidro Police Dept. to apprehend Leopoldo Potane. The document further stated that if
Leopoldo would resist as he is armed with a weapon, the policemen 'have the right to shoot
him but not to kill him but if such does not permit it and he resists arrest, they have the right
to resort to any manner to prevent the fearful outcome from his running amok. If he would
be killed by the police officers on account of his resistance, the parents, brother and sisters,
and wife would take no action if something untoward would occur.
Thereafter, the two policemen, accompanied by several persons, including Nicolas Potane,
went to the house where Leopoldo was staying.
Upon arrival, Pat. Masipequiña called Leopoldo and urged him to come out. He then
informed Leopoldo that his father and brother had reported that he (Leopoldo) had chased
his sister-in-law with a bolo and their officer-in-charge sent him to investigate the report.
Leopoldo instead told him to come up the house. Pat. Masipequiña went up, followed by
Nicolas Potane, who stayed on the door landing. Masipequiña entered the sala and was
about to sit down when Leopoldo suddenly emerged from an adjacent room and rushed at
him swinging a bolo.
Leopoldo hit Masipequiña on the bridge of the nose. He was also hit on the right side of his
face. At this juncture, Masipequiña drew his revolver and fired three shots, with two bullets
hitting Leopoldo on the chest. Leopoldo continued to advance towards him. He ran out of
the house shouting for help. Leopoldo continued to pursue Masipequiña.
As Leopoldo poised to hack Pat. Masipequiña, Pat. Alampayan fired his gun hitting
Leopoldo once at the thigh. Leopoldo Potane died some thirty (30) minutes later while being
brought to the health center for treatment.
Issues:
Whether or not, given the undisputed facts, petitioner Masipequiña had acted in lawful self-
defense.
Ruling:
Yes. The law on self-defense embodied in any penal system in the civilized world finds
justification in man's natural instinct to protect, repel, and save his person and rights from
impending danger and peril. Norberto Masipequiña is ACQUITTED of the crime of
homicide.
Principles:
The law on self-defense embodied in any penal system in the civilized world finds
justification in man's natural instinct to protect, repel, and save his person and rights from
impending danger and peril; it is based on that impulse of self-preservation born to man and
part of his nature as a human being.