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    7 People vs. Dela Cruz

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    ihnasan
    Remedios De La Cruz stabbed Francisco Rivera after he grabbed her from behind in a dark area, held her tightly, kissed her, and touched her private parts without consent. She could not free herself from his stronger grip. At trial, she argued she stabbed him in self-defense and defense of her honor. The court found that while Rivera's intent to rape was not proven, the circumstances justified Remedios believing her honor was under attack. As she could not escape through her own strength, stabbing Rivera with her knife to repel what she saw as an attack on her honor was justified, and she was granted acquittal.

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    7 People vs. Dela Cruz

    Uploaded by

    ihnasan
    270 views1 page
    Remedios De La Cruz stabbed Francisco Rivera after he grabbed her from behind in a dark area, held her tightly, kissed her, and touched her private parts without consent. She could not free herself from his stronger grip. At trial, she argued she stabbed him in self-defense and defense of her honor. The court found that while Rivera's intent to rape was not proven, the circumstances justified Remedios believing her honor was under attack. As she could not escape through her own strength, stabbing Rivera with her knife to repel what she saw as an attack on her honor was justified, and she was granted acquittal.

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    Remedios De La Cruz stabbed Francisco Rivera after he grabbed her from behind in a dark area, held her tightly, kissed her, and touched her private parts without consent. She could not free herself from his stronger grip. At trial, she argued she stabbed him in self-defense and defense of her honor. The court found that while Rivera's intent to rape was not proven, the circumstances justified Remedios believing her honor was under attack. As she could not escape through her own strength, stabbing Rivera with her knife to repel what she saw as an attack on her honor was justified, and she was granted acquittal.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    270 views1 page

    7 People vs. Dela Cruz

    Uploaded by

    ihnasan
    Remedios De La Cruz stabbed Francisco Rivera after he grabbed her from behind in a dark area, held her tightly, kissed her, and touched her private parts without consent. She could not free herself from his stronger grip. At trial, she argued she stabbed him in self-defense and defense of her honor. The court found that while Rivera's intent to rape was not proven, the circumstances justified Remedios believing her honor was under attack. As she could not escape through her own strength, stabbing Rivera with her knife to repel what she saw as an attack on her honor was justified, and she was granted acquittal.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    Topic: Defense of honour

    People vs. Dela Cruz


    G.R. No.

    Date of Promulgation: March 30 1935
    Ponente: Vickers, J.
    Petition: Appeal from judgment of CFI finding defendant guilty of homicide
    Petitioners: People
    Respondents: Remedios De La Cruz

    Facts:
    Remedios Dela Cruz is engaged in selling fruit. One evening, she was invited by her friends to
    go to a wake in honor of someone named Sion. So she went off with her friends without having
    an opportunity of changing her clothes. She failed to remove the fan knife she had in the pocket
    of her overcoat she was wearing that day. (proof that she had no intention to kill)

    After the wake, at about 9pm, Remedies and her friends started home. They were followed by
    the deceased Francisco Rivera and someone named Enrique Bautista.

    When they reached a narrow part, a man suddenly threw his arms around her from behind,
    caught hold of her breasts and kissed her, and seized her in her private parts. She tried to free
    herself, but he held her and tried to throw her down. Because of the strength of the man, she got
    the knife from her pocket and stabbed him in defence of her honor.

    She then went back towards the house of mourning, and told everyone that she stabbed Fran-
    cisco Rivera because he stabbed her (proof that he really did)

    An officer of the Constabulary went to see Rivera at 11pm in the hospital, but Rivera didnt say
    anything about the circumstances why he was stabbed. (proof that he did something wrong)

    She said that the man who attacked her didnt say anything and when she asked him who he
    was (it was dark) he didnt answer.

    Issues/Held:
    1. W/N Rivera is entitled to a justifying circumstanceYES

    Ratio:
    1. Even though Riveras intent to rape the defendant wasnt established, the Court took into
    consideration the circumstances that attended the stabbing.
    1. It was a dark night
    2. The deceased grabbed Remedies from behind without warning and without making
    himself known.
    3. In the struggle that followed, Rivera touched Remedios private parts
    The fact that Remedies wasnt able to free herself by means of her own strength, justified her in
    using the knife in repelling what SHE believed to be an attack upon her honor.




    Decision:
    Petition granted.


    Notes:
    Remedios is an illiterate barrio girl, unable to write her name, and scarcely 18 yrs old.

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