P v Toledo

• Holgado and morales had disputes about occupation of land where holgado plants rice and
hemp and morales stated that one half of the land was his and challenged holgado to a duel
• On the morning of June 15, 1927, the tw o men happened to meet. The argument w as
renewed, and they agreed to f ight. They did engage in a bolo duel w ith a fatal result for
Filomeno Morales, who was killed almost instantly
• Sisenando Holgado was also seriously wounded but was able to proceed to a neighboring house
• Sisenando Holgado was taken to the municipal building w here he made a sw orn statement
before the municipal president, in w hich he declared thatonly he and Filomeno Morales fought
• Holgado died one month later
• Prosec
o there w as presented the w itness Justina Villanueva, the querida of Filomeno Morales,
w ho testif ied to the presence and participation of Eugenio Toledo
o Her testimony w as partially corroborated by that of the w itness Justina Llave
• Defense
o Toledo had an alibi
o He only met with holgado who was his landlord
o Exhibit 1, affidavit by holgado given to municipal president was rejected for hearsay
• Toledo was convicted of homicide
• Affidavit
o he told me that if I should plant there anything he w ould cut my neck, and to this I
answered that if he was going to cut my neck w e would f ight and thereupon he
stabbed me w ith a penknife and then I slashed at him;
o after this w e separated, and went to Dalmacio Manlisic's house. When w e fought,
there was nobody present.
o I met one of my w orkers named Eugenio Toledo, w ho accompanied me to the house of
Dalmacio Manlisic