G.R. No. 29151, November 19, 1928
THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee, vs. ELIAS CABONIALDA, defendant-appellant.

Ponente: Avanceña, C.J.

FACTS

On or about October 24, 1927, in Barrio San Antonio, Basey, Samar, Arcadio Tabunda went to a well to fetch water. The appellant, Elias Cabonialda, who suspected Tabunda of taking palawan leaves from his orchard, attacked Tabunda with a stick, leaving him unconscious. Feliciana Baya, Tabunda’s common-law wife, heard his cries for help and found him being beaten by Cabonialda. She helped Tabunda home, where he suffered from pains and bruises on his abdomen, shoulder, and forearm. Tabunda died twenty-one days after the assault.

Cabonialda admitted hitting Tabunda on the left temple but claimed self-defense. He testified that after confronting Tabunda about the leaves, Tabunda hit him first, and he retaliated. He also alleged that Tabunda later slipped and fell while carrying water. As an alternative defense, Cabonialda argued that Tabunda’s death was due to his poor health, having been previously injured in an accident three years prior.

ISSUE

Whether the appellant, Elias Cabonialda, is guilty of homicide for the death of Arcadio Tabunda.

RULING

Yes, the appellant is guilty of homicide. The Supreme Court affirmed the judgment of the Court of First Instance of Samar.

The Court rejected Cabonialda’s claim of self-defense as incredible, noting that Tabunda was a cripple, smaller, and thinner than Cabonialda, making it unlikely that Tabunda initiated the attack. The Court also found the claim that Tabunda died from a fall to be unproven and improbable.

Regarding the defense that Tabunda’s prior health condition caused his death, the Court held that even if the victim’s poor health made him more susceptible to fatal injury, the assailant is still liable for the consequences of his unlawful act. The principle that “the offender takes his victim as he finds him” applies.

Thus, the Court affirmed the sentence of *reclusion temporal* for fourteen years, eight months, and one day, with accessories, an indemnity of P1,000 to the heirs of the deceased, and costs.