GR 43816; (October, 1935) (Digest)
G.R. No. 43816 ; October 8, 1935
THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee, vs. EULOGIO ESPENILLA, ET AL., defendants-appellants.
FACTS
The seven appellants were convicted of homicide by the trial court for the killing of Simplicio Tomandao. The prosecution’s version was that after a prior altercation over a gambling game, Felix Sosing led a group of armed co-accused to Felix Cuizon’s house where Tomandao was present. There, Eulogio Espenilla stabbed Tomandao, after which Sosing and others allegedly attacked him, causing his death. The defense, led by Sosing (an assistant barrio lieutenant), claimed he went to Cuizon’s house to investigate reports of illegal cockfighting. An argument ensued, during which Tomandao allegedly attacked and wounded Sosing. A fight then occurred between Tomandao and Espenilla, resulting in Tomandao’s death. Both Sosing and Espenilla sustained wounds, which were medically treated.
ISSUE
Whether the trial court correctly convicted all seven appellants of homicide based on the evidence presented.
RULING
No. The Supreme Court reversed the trial court’s decision. It found the prosecution’s theory—that the killing was motivated by a prior trivial altercation—unbelievable and insufficient. The Court gave credence to the defense’s account that Sosing was at the scene in his official capacity. The evidence did not prove that appellants Eusebio Bueno, Balbino Tomas, Cesareo Tomas, Antonio Sosing, and Pedro Arrosado were present or participated in the incident; they were acquitted. As for Felix Sosing, the Court found he was attacked and wounded by Tomandao and then fled, thus he was also acquitted. Only Eulogio Espenilla was held liable. However, the Court found he failed to prove self-defense. He was convicted of homicide, but with the mitigating circumstances of voluntary surrender and lack of instruction. He was sentenced to an indeterminate penalty of two years of prision correccional to eight years and one day of prision mayor, and ordered to indemnify the heirs.
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