US vs Subingsubing

Facts:

Pablo Montealto's wife was walking and when near the cockpit she was accosted by a Japanese called
Mariano who made to her unchaste and indecent proposals, which she at once rejected. The Japanese
violently seized one of her hands and refused to turn her loose in spite of the suggestion of Juan
Subingsubing who told the Japanese that she was married. At that instant her husband, Pablo
Montealto, came up to take part in the struggle that had been begun, whereupon the Japanese, after
having insulted the woman with a slanderous phrase, let her go and immediately turning upon her
husband Pablo Montealto, and old man of 78 years, suddenly hit him in the face, shoved him down to
the ground, then got on top of him and with one hand choke while beating him with his fist.

Alipio Sinining, testified that in the midst of the fight, when Montealto was stretched out on the ground,
with the Japanese on top of him choking him, Juan Subingsubing went up close and handed him
something, but the witness did not clearly see the object so secured by Montealto. Japanese was on top
of his victim, throttling him and beating him with his fist, he was suddenly stabbed in the left side of the
abdomen by said Montealto

ISSUE: WON Juan Subingsubing has commited a felony in guised of the Defense of stranger by giving him
a weapon.

Ruling:

As the use Montealto made of said knife in defending himself has been judicially held to be lawful and
right, so must the act performed by Subingsubing in furnishing it to sad Montealto in the perilous
situation in which the latter found himself; and since the latter, who used the weapon, was declared to
be exempt from responsibility in repelling the attack of which he was the victim and in wounding his
assailant therewith, the logical consequence of that declaration of exemption from responsibility is that
Subingsubing, who furnished the legitimate weapon used in his defense, be also acquitted and declared
exempt from any responsibility, because he did not incur it in any way by giving the weapon to
Montealto under the circumstances set forth.

If one who defends a third person under the conditions and with the requisites the penal law lays down
forexempting him from responsibility should be acquitted of the charge in a case prosecuted against
him, then when a person who did nothing more than furnish a weapon to one whom he saw in peril and
in great need of defending himself and repelling a serious assault, as Juan Subingsubing was doing and
where the person assaulted made lawful and reasonable use of the weapon furnished him and he has
been declared exempt from responsibility, it is illogical and unjust to deny to said assistant the same
exemption from responsibility and the exoneration granted the slayer on the grounds of self-defense, as
was held in the same judgment to be lawful and right.

For all the foregoing reasons the judgment appealed from should be reversed in the portion referring to
the defendant Juan Subingsubing and we must acquit him, as we hereby do, with the costs de oficio. The
bond filed for his release will be canceled. So ordered.

Rationale:
if the principal assailant is exempted from criminal liability so does the accomplished.