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L-5272,
March 19, 1910
Facts: The defendant, Ah Chong, was
employed as a cook in one of the
Officers quarters at Fort McKinley,
Rizal Province. Together living with him
in the said quarters was the deceased,
Pascual Gualberto, who was employed
as a houseboy. There had been several
robberies in Fort McKinley prior to the
incident thus prompting the defendant
and his roommate to reinforce the
flimsy hook used to lock the door of
their room by placing a chair against
it. The defendant and the deceased
had an understanding that when
either returned at night, he should
knock on the door and say his name.
On the night of Aug. 14, 1908, Ah
Chong, who was alone in his room,
was awakened by someone trying to
force open the door of the room. The
defendant called out twice, asking the
identity of the person but heard no
answer. Fearing that the intruder was
a robber or a thief, the defendant
called out that he would kill the
intruder if he tried to enter. At that
moment, the door was forced open
and the defendant was struck first
above the knee by the edge of the
chair. Because of the darkness of the
room, the defendant thought he was
being hit by the intruder and tried to
defend himself by striking wildly at the
intruder using a common kitchen knife
which he kept under his pillow. It
turned out that the said intruder was
actually the defendants roommate,
Pascual Gualberto. The roommate was
brought to the military hospital where
he died from the effects of the wound
the following day.
No.
extrabased