G.R. No. 18203 ; March 27, 1922
THE PEOPLE OF THE PHILIPPINE ISLANDS vs. TELESFORO DORADO and ESPIRIDION DIAZ

FACTS

On May 1, 1921, Cirilo Dorado was drinking tuba. He invited Telesforo Dorado to drink, but Telesforo left. Cirilo, offended, chased Telesforo, attacked him with a bolo, and a fight ensued. They fought into a fish vivary with waist-deep water. According to prosecution witness Nicolas Daylos, Espiridion Diaz intervened, pushed Telesforo aside, held Cirilo by the neck and shoulders, and submerged him in the water. Cirilo was found dead in the vivary the next day. The doctor concluded death was due to asphyxia by immersion. Telesforo Dorado was acquitted, but Espiridion Diaz was convicted of homicide. Diaz appealed.

ISSUE

1. Whether the statement made by Diaz sixteen days prior constituted enmity.
2. Whether the cause of Cirilo Dorado’s death was established.
3. Whether Espiridion Diaz was responsible for the death beyond reasonable doubt.

RULING

1. The alleged statement (“If you continue doing that, before the year is ended we will all die”) was ambiguous. The pronoun “we” could be interpreted as inclusive or exclusive of the deceased in the Visayan dialect. This doubt must be resolved in favor of the appellant.
2. The cause of death was asphyxia by drowning. The medical findings (blood and water from mouth and nose, contusions, finger impressions on neck) supported this conclusion without the need for an autopsy.
3. The testimony of eyewitness Nicolas Daylos, corroborated by physical evidence (finger impressions on the neck), established Diaz’s responsibility. The defense of a stranger (defense of Telesforo) was incomplete as it was not proven that the means employed (submersion) was reasonably necessary to prevent further aggression. Considering the incomplete justifying circumstance of defense of a stranger, the penalty was reduced by two degrees. The conviction was affirmed with modification of the penalty.