[No.

7123 August 17, 1912]

THE UNITED STATES, plaintiff and appellee,
vs.
ROSALINO RODRIGUEZ, defendant and appellant.

FACTS:

A crippled right-hand man named Rosalino Rodriguez is charged with

homicide after killing a man named Marciano Magno who was as per the daughter
of the defendant said that Marciano had caught hold of her hand with unchaste
designs. Rosalino caught this which caused him to strike two punches (one to the
left side toward the stomach and the other one to the back) which knocked him
down. He got up with the help of the two witnesses who were present at that time
but then testified against Marciano. The Trial Court found Rosalino Rodriguez guilty
of homicide and sentenced to twelve years and one day of reclusion temporal but
was modified by the Court of First Instance to eight years and one day of Prision
Mayor after the defendant filed an appeal because it appears that the defendant’s
act was preceded by an immediate provocation on the part of the deceased and,
evidently, the defendant did not intend to cause so grave on injury as he produced.

ISSUE:

Whether or not the accused is guilty of homicide.

RULING:

When the fact is well established that the accused struck the victim twice
with his fist, in the abdomen and in the back, wherefore the latter fell to the ground
and had hardly risen and started to walk when he again fell down dead, the crime
committed is rightly classified as homicide and the accused is responsible therefor.