GR 34665; (August, 1931) (Digest)
G.R. No. 34665 ; August 28, 1931
THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee, vs. DONATO BINDOY, defendant-appellant.
FACTS
The accused, Donato Bindoy, was convicted of homicide for the death of Emigdio Omamdam. The incident occurred when Bindoy offered tuba to the wife of Faustino Pacas. When she refused, a disturbance ensued, leading Pacas to try to wrestle Bindoy’s bolo away. During their struggle, Bindoy wrenched the bolo free with such force that its point struck Omamdam, who had approached out of curiosity and was standing behind Bindoy. There was no prior quarrel or ill will between Bindoy and Omamdam, who were nephew and uncle on good terms. A defense witness testified that the dying Omamdam stated the wound was an accident and that Bindoy did not aim at him.
ISSUE
Whether the accused is criminally liable for the death of Emigdio Omamdam.
RULING
No. The Supreme Court reversed the conviction and acquitted the accused. The evidence established that the fatal wound was inflicted accidentally during Bindoy’s lawful act of defending his possession of the bolo from Pacas. There was no proof of malicious intent to commit a crime against Omamdam or Pacas. The act falls under Article 8, No. 8 of the Penal Code (a misadventure or accident), exempting Bindoy from criminal liability. The Court noted the absence of motive for the killing and emphasized the importance of proving motive in criminal cases.
AI Generated by Armztrong.