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18people V Publico
18people V Publico
Publico
17 CAR (2s) 703 (1972)
Facts:
• At about noontime of August 1, 1965, herein appellant Aurelio Publico was walking
towards his home on a road at Catotoran, Camalaniugan, Cagayan.
• When Publico reached the store of the spouses Valdez, he came along now deceased
Alfredo Lagat and Leonardo Publico, who were engaged in a heated altercation.
• Lagat remarked to Publico: “Are you another one?”
• Publico replied by saying “no” and then he continued in his way but Lagat followed him
and boxed him at the back of his waist line.
• Lagat unsheathed his bolo from his waist. Fearing that Lagat would attack him with his
weapon, the Publico ran away but Lagat chased him so he jumped over an about two-
-foot high barb wire fence.
• Eventually, after a chase, Publico looked back and he saw that Lagat was already near
him. He turned around. At that time, Lagat was in the act of stabbing him with a bolo. In
the end, Publico stabbed Lagat. Publico surrendered to the police authorities with the
bolo with which he stabbed Lagat.
• The lower court rejected Lagat’s plea of self-defense. To further disprove Publico’s claim
of self-defense, the prosecution cites the testimony of defense witness Patrolman
Urmatan who said that the wife and children of Publico said that the bolo used was
indeed the bolo they were using in the kitchen.
Issue:
Whether or not such testimony of the patrolman as to the declarations of the wife and children
may be admitted?
Held:
NO.