G.R. No.

L-2948
October 31, 1928
THE PEOPLE OF THE PHILIPPINE ISLANDS vs. PAMBAYA BAYAMBAO

FACTS: Pambaya Bayambao was charged with the crime of murder, was found guilty thereof by the Court of
First Instance of Lanao and sentenced to twenty years' cadena temporal, the accessories of law, costs and to
indemnify the heirs of the deceased in the sum of P1,000. He does not deny having caused the deceased's death.
He alleges, however, that he did it by mistake, believing the deceased malefactor who attacked him in the dark.

ISSUE: Whether or not Pambaya was criminally responsible or not

RULING: No. The latter, on that occasion, acted from the impulse of an uncontrollable fear of an ill at least
equal in gravity, in the belief that the deceased was a malefactor who attacked him with a kampilan or dagger in
hand, and for this reason, he was guilty of no crime and is exempt from criminal liability (art. 8, No. 10, Penal
Code.)

Furthermore, his ignorance or error of fact was not due to negligence or bad faith, and this rebuts the
presumption of malicious, intent accompanying the act of killing. In an case, this court acquitted the accused
(U.S. vs. Ah Chong, 15 Phil., 488), and we deem the doctrine laid down in that case applicable to this one.

The judgment appealed from is reversed and the appellant acquitted, with costs de officio, and the other
pronouncements in his favor. So ordered.