G.R. No.

L-19238 July 26, 1966

THE PEOPLE OF THE PHILIPPINES, plaintiff and appellee,

vs.

MARINCHO CASTILLO, ET AL., defendants.

CARLOS CASTILLO, defendant and appellant.

Facts: Sometime in October, Vargas slapped Marincho, son of Carlos, because his cow had gone
astray and destroyed some plants of Vargas. Then on December, while Carlos was holding a gun
in his right hand, talking face to face with Vargas, Marincho came from behind and hacked Vargas
on the head. As Marincho was about to strike the victim a second time, Carlos said “You kill him”.

Issue: Whether Carlos can be found guilty of murder by inducement.

Ruling: No. He uttered the words “You kill him” only after his son had already fatally boloed
Vargas on the head. It appears that the alleged inducement to commit the crime was no longer
necessary to induce his son to commit the crime.