People v Bindoy

FACTS:

On May 6, 1930, Donato Bindoy offered some tuba to Tibay, Faustino Pacas' wife. She refused and
Bindoy threatened to injure her if she did not accept. Pacas stepped in to defend his wife and attempted
to take away from Bindoy the bolo he carried. The disturbance attracted the attention of Emigdio
Omamdam. In the course of the struggle, Bindoy succeeded in disengaging himself from Pacas,
wrenching the bolo from the latter's hand, with such violence that the point of the bolo reached
Omamdam's chest, who was then behind Bindoy. The trial court held that Bindoy was guilty of the crime
of homicide. Bindoy appealed, alleging that the death of Omamdam was caused accidentally and
without malicious intent.

ISSUE:

WON the crime of which Bindoy was found guilty of can be mitigated on the ground of accident.

Ruling:

Yes. Decision is reversed. Bindoy is acquitted according to Article 8, No. 8 of the Revised Penal Code RA

There is no evidence to show that Bindoy deliberately and intentionally killed Omamdam. No evidence
that Omamdam took part in the fight between Bindoy and Pacas. No evidence that Bindoy was aware of
Omamdam's presence. No evidence that there was disagreement or ill feelings between Bindoy &
Omamdam. On the contrary, they were nephew & uncle, & were on good terms with each other.