G.R. No. L-10362; November 29, 1915
THE UNITED STATES, plaintiff-appellee, vs. LEON DIANA, defendant-appellant.

FACTS:
On the afternoon of August 31, 1914, Cayetano Gomez was playing billiards in Cebu. After losing, he asked Dionisio Legara for a loan, offering his ring as security. When Legara refused, Gomez lightly punched him with a billiard cue. Legara picked up a stone, and the two grappled. The defendant, Leon Diana (uncle of Gomez), who was present, took a billiard cue and reproached his nephew for picking a quarrel. He then struck Gomez on the upper part of the forehead with the butt end of the cue. Gomez bled from the mouth and nose but left the scene. He was later found unconscious on a highway about three and a half kilometers away and died hours later in the municipal building. An examination revealed a bruise and depression on his forehead, with blood flowing from his nose. The defendant claimed he intended to strike Legara to separate the combatants and that Gomez was accidentally hit.

ISSUE:
Whether the defendant, Leon Diana, is guilty of the crime of homicide for the death of Cayetano Gomez.

RULING:
Yes, the defendant is guilty of homicide. The Court found that the blow delivered by Diana with the butt of a billiard cue caused a fatal injury to Gomez’s skull, leading to his death. The defense of accident was rejected, as the act of striking a heavy blow to the head with a dangerous instrument, even if allegedly to separate combatants, showed imprudence and could produce fatal consequences. The crime is homicide under Article 404 of the Penal Code.

The Court considered two extenuating circumstances in favor of the defendant: (1) that he acted upon an impulse of passion and obfuscation (Article 9, No. 7), and (2) his lack of education and instruction as a fisherman who could neither read nor write (Article 11, as amended by Act No. 2142 ). With two mitigating circumstances and no aggravating circumstances, the penalty was reduced by one degree.

The judgment of the Court of First Instance was modified. Leon Diana was sentenced to eight years and one day of prision mayor, with the corresponding accessory penalties, to indemnify the heirs of the deceased in the sum of P1,000, and to pay the costs of both instances.

DISSENTING OPINION:
Justice Moreland, joined by the Attorney-General, dissented, arguing for acquittal. The dissent noted that two distinct injuries were found on the deceasedone on the forehead from the accused and another near the top of the head of unknown originand that the evidence did not conclusively prove which injury caused death. Therefore, reasonable doubt existed as to causation.