PEOPLE VS BINDOY

G.R. NO. L-34665 August 28, 1931

FACTS:

Appeal from a judgement of the CFI of Occidental Misamis, for appelant

was stenced to 12 years and 1 day of reclusion temporal and to indemnify

the heirs of the deceased with the amount of P1,000. The crime charged

against the accused is homicide.

In the afternoon of May 6, 1930, a disturbance arose in a tuba wineshop.

Donato Bindoy offered some tuba to Faustino Paca's wife Tibay. She refused

because she already have one, but Bindoy threatened to injure her if she did

not accept. Pacas stepped in to defend his wife, attempting to take away

from Bindoy the bolo he carried. Emigdio Omamdam who came to the wine

shop to see what;s happening, instead got stabbed in the chest by Bindoy.

This happened when Bindoy succeeded in disengaging himself from Pacas,

wrenching the bolo from the latter's hand towards the left behind the

accused and with such violence that the point of the bolo reached

Omamdam's chest who was then behind Bindoy.

ISSUE(S):

Whether or not Bindoy is criminally liable?

HELD:

Corroborated by Gaudencio Cenas of the testimony of the accused, Pacas

and Bindoy were actually for the possession of the bolo. When Pacas let go

of the bolo, Bindoy had pulled so violently that it flew towards his left side,

at the very moment when Emigdio Omamdam came up and who was

therefore hit in the chest without Bindoy seeing him. Bindoy alleges that it

was caused accidentally and without malicious intent because he was only

defending his possession of the bolo which Pacas was trying to wrench away

from him and his conduct was perfectly lawful. The Court therefore

acquitted Bindoy based on the facts stated.

"In many criminal cases, one of the most important aids in completing the

proof of the commission of the crime by the accused is the introduction of

evidence disclosing the motives which tempted the mind of the guilty person

to indulge the criminal act."