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  • CRIM 1 MASIPEQUIÑA Vs CA

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    Patrolmen Norberto Masipequiña and Jovencio Alampayan were ordered to arrest Leopoldo Potane, who had been exhibiting signs of recurring insanity and threatening violence against his family with a bolo. When they went to his house to arrest him, Leopoldo attacked Masipequiña with a bolo, hitting him on the face and nose. Masipequiña fired three shots at Leopoldo with his revolver, hitting him twice in the chest, but Leopoldo continued advancing. Alampayan then fired once at Leopoldo's thigh, and Leopoldo died thirty minutes later while being brought for treatment. The court found that Masipequiña acted in lawful self

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    NORBERTO MASIPEQUIÑA v. CA, GR No. 51206, 1989-08-25

    Original Title

    CRIM 1 MASIPEQUIÑA vs CA

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    Patrolmen Norberto Masipequiña and Jovencio Alampayan were ordered to arrest Leopoldo Potane, who had been exhibiting signs of recurring insanity and threatening violence against his family with a bolo. When they went to his house to arrest him, Leopoldo attacked Masipequiña with a bolo, hitting him on the face and nose. Masipequiña fired three shots at Leopoldo with his revolver, hitting him twice in the chest, but Leopoldo continued advancing. Alampayan then fired once at Leopoldo's thigh, and Leopoldo died thirty minutes later while being brought for treatment. The court found that Masipequiña acted in lawful self

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    89 views2 pages

    CRIM 1 MASIPEQUIÑA Vs CA

    Uploaded by

    Bug Rancher
    Patrolmen Norberto Masipequiña and Jovencio Alampayan were ordered to arrest Leopoldo Potane, who had been exhibiting signs of recurring insanity and threatening violence against his family with a bolo. When they went to his house to arrest him, Leopoldo attacked Masipequiña with a bolo, hitting him on the face and nose. Masipequiña fired three shots at Leopoldo with his revolver, hitting him twice in the chest, but Leopoldo continued advancing. Alampayan then fired once at Leopoldo's thigh, and Leopoldo died thirty minutes later while being brought for treatment. The court found that Masipequiña acted in lawful self

    Copyright:

    © All Rights Reserved
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    of 2

    NORBERTO MASIPEQUIÑA v. CA, GR No.

    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.

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