FACTS:

-This is in appeal in the judgment of the trial court in finding the appellant guilty
beyond reasonable doubt in the crime of homicide.

- On May 6, 1930, in the market of Calunod, a disturbance arose which started

from the offer of the accused Donato Bindoy to a certain Tibay to drink tuba.
Upon refusal, Bindoy threatened to hurt her. An argument ensued as a result,
Pacas, Tibay’s husband stepped in for her defense, attempting to take away the
bolo Bindoy was carrying. During the course of the struggle,

Bindoy hit in the chest Emigdio Omamdam resulting to his death, this happened
when Bindoy succeeded in disengaging himself from Pacas, wrenching the bolo
from the latter's hand towards the left behind the appellant, with such violence
that the point of the bolo reached Emigdio Omamdam's chest, who was then
behind Bindoy.

ISSUE:

Whether or not Bindoy is criminally liable.

HELD:

No. The accused incurred no criminal liability. There was no evidence showing
that Bindoy hit Omamdam deliberately and with the intention of commiting a
crime, the two happened to be nephew and uncle and are in good terms. He was
only struggling for the possession of bolo and had no intention to wound Pacas. In
this case, because there was no intent to kill, no criminal liability can be charged.
The

judgment is reversed and the appellant is acquitted.