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G.R. Nos. L-33466-67 April 20, 1983 PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. MAMERTO NARVAEZ, Defendant-Appellant

Mamerto Narvaez shot and killed Davis Fleischer and Flaviano Rubia after an argument over a property fence being constructed. Narvaez confronted the group constructing the fence for George Fleischer's land because it was preventing access to his house and rice mill. When Fleischer told the group to continue building despite Narvaez's request to stop, Narvaez lost control and shot Fleischer as he fell. Narvaez then shot Rubia as he ran towards a jeep, killing them both. The issue is whether Narvaez is exempt from criminal liability for the shootings.

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53 views1 page

G.R. Nos. L-33466-67 April 20, 1983 PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. MAMERTO NARVAEZ, Defendant-Appellant

Mamerto Narvaez shot and killed Davis Fleischer and Flaviano Rubia after an argument over a property fence being constructed. Narvaez confronted the group constructing the fence for George Fleischer's land because it was preventing access to his house and rice mill. When Fleischer told the group to continue building despite Narvaez's request to stop, Narvaez lost control and shot Fleischer as he fell. Narvaez then shot Rubia as he ran towards a jeep, killing them both. The issue is whether Narvaez is exempt from criminal liability for the shootings.

Uploaded by

MarkJobelleMantilla
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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G.R. Nos.

L-33466-67 April 20, 1983

PEOPLE OF THE PHILIPPINES, plaintiff-appellee,vs.

MAMERTO NARVAEZ, defendant-appellant.

Facts: At about 2:30 in the afternoon of August 22, 1968, Graciano Juan, Jesus Verano and Cesar Ibanez
together with the two deceased Davis Fleischer and Flaviano Rubia, were fencing the land of George
Fleischer, father of deceased Davis Fleischer. At the place of the fencing is the house and rice drier of
appellant Mamerto Narvaez. At that time, appellant was taking his rest, but when he heard that the
walls of his house were being chiselled, he arose and there he saw the fencing going on. If the fencing
would go on, appellant would be prevented from getting into his house and the bodega of his ricemill.
So he addressed the group, saying 'Pare, if possible you stop destroying my house and if possible we will
talk it over what is good,' addressing the deceased Rubia, who is appellant's compadre. The deceased
Fleischer, however, answered: 'No, gademit, proceed, go ahead.' Appellant apparently lost his
equilibrium and he got his gun and shot Fleischer, hitting him. As Fleischer fell down, Rubia ran towards
the jeep, and knowing there is a gun on the jeep, appellant fired at Rubia, likewise hitting him. Both
Fleischer and Rubia died as a result of the shooting.

Issue: Whether or not appellant is exempt from criminal liability?

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