University

of the Philippines College of Law

Topic Irresistible Force or Uncontrollable Fear of Greater Injury

Case No. GR 127755
Case Name People vs Del Rosario
Ponente Bellosillo, j.

DOCTRINE
A person who acts under the compulsion of an irresistible force is exempt from criminal liability.

RELEVANT FACTS

[May 13, 1996] Alonzo (a tricycle driver) saw two men and a woman grappling for possession of a bag.

After successfully getting the bag from the woman, the two ran for a tricycle standing by and sped away.

Alonzo gave chase and was able to get the plate number.

Accused Del Rosario (driver of the getaway tricycle) argued that he tried to leave and seek help but Boy
Santos (who stayed inside the tricycle) threatened him with a gun. After escaping, the three men
warned Del Rosario not to inform the authorities otherwise his family would be harmed.

Before automatic review of SC, Del Rosario was found guilty as co-principal in the crime of Robbery with
Homicide and sentencing him to death, and to pay the heirs of victim actual and moral damages.

ISSUE

W/N there was the presence of threat and irresistible force upon him by the three co-accused pursuant.
W/N Del Rosario was part of the conspiracy in committing the crime of Robbery with Homicide.
W/N there was a violation of Del Rosarios constitutional rights.
W/N the warrantless arrest was lawful pursuant to Rule 113, Section 5 of the Rules of Court.

RATIO DECIDENDI

Issue Ratio
W/N there was the presence YES. Consequently, a person who acts under the compulsion of an
of threat and irresistible irresistible force is exempt from criminal liability.
force upon him by the three
co-accused (the only relevant 1. Alonzo testified that there were two people in the tricycle at the time of
issue for our purposes) the struggle for the womans bag. If both Boy Santos and Del Rosario were
conspirators, then either of them could have just left the tricycle and helped
in the commission of the crime. Gives credence to Del Rosarios claim that
Boy Santos pre-ordained role was threaten Del Rosario and insuring that he
would not escape and leave them behind.

2. Such fear instilled by the pointing of the gun rendered him immobile and

 University of the Philippines College of Law


subject to the will of Boy Santos, without a will of his own.

W/N Del Rosario was part of NO.
the conspiracy in committing
the crime of Robbery with 1. Mere knowledge is not enough to constitute one part to a conspiracy.
Homicide There must be intentional participation. The only incriminating evidence
against him is that he was at the scene of the crime but he has amply
explained the reason for his presence.


W/N there was a violation of YES.
Del Rosarios constitutional
rights 1. Violations of right to remain silent, right to have counsel, right to be
informed of these rights as enshrined in the Bill of Rights; at the time he was
invited for questioning at the house of the barangay captain, he was
already under custodial investigation but not apprised thereof by the officers.


W/N the warrantless arrest NO.
was lawful pursuant to Rule
113, Section 5 of the Rules of 1. The arrest came a day after the consummation of the crime and not
Court immediately thereafter. As such, the crime had not been just committed at
the time of the arrest.

RULING

WHEREFORE, the decision of the Regional Trial Court of Cabanatuan City convicting accused JOSELITO DEL
ROSARIO Y PASCUAL of Robbery with homicide and sentencing him to death, is REVERSED and SET ASIDE, and
the accused is ACQUITTED of the crime charged. His immediate RELEASE from confinement is ordered unless
held for some other lawful cause. In this regard, the director of Prisons is directed to report to the Court his
compliance herewith within 5 days from receipt hereof.

SEPARATE OPINIONS

NOTES

Rules of Court Rule 113, Section 5. Arrest without warrant; when lawful A peace officer or a private person
may, without a warrant, arrest a person: (a) When, in his presence, the person to be arrested has committed, is
actually committing, or is attempting to commit an offense; (b) When an offense has in fact been committed
and he has personal knowledge of facts indicating that the person to be arrested has committed to it; and (c)
When the person to be arrested is a prisoner who has escaped from penal establishment or place where he is
serving final judgment or temporarily confined while his case is pending, or has escaped while being transferred
from one confinement to another.