GR L 15453; (January, 1920) (Digest)
G.R. No. L-15453; January 13, 1920
THE UNITED STATES, plaintiff-appellee, vs. ZOILO DEL CASTILLO, defendant-appellant.
FACTS:
On July 16, 1918, in Bulacan, the accused Zoilo del Castillo approached Alvaro Tuason to demand payment of a debt of nine pesos. A quarrel ensued when Tuason stated he could not pay immediately. During the argument, Castillo, who was holding a knife wrapped in a handkerchief with the blade exposed, assaulted Tuason by delivering two successive blows to his chest. Tuason fell, then got up, took a bolo from a nearby cart, and struck Castillo on the head. When Tuason attempted another blow, Castillo disarmed him. As Tuason turned to leave, Castillo delivered another blow to his back with the same knife. Tuason was taken to the municipal building but died seventeen hours later from a mortal chest wound that pierced his lung. The accused claimed self-defense, alleging Tuason attacked first with the bolo. The trial court convicted Castillo of homicide.
ISSUE:
Whether the accused acted in self-defense, thereby exempting him from criminal liability.
RULING:
No. The Supreme Court affirmed the conviction. The Court found the testimony of the prosecution witness, Dalmacia Perez, credible and consistent. She witnessed the entire incident and testified that the accused was the unlawful aggressor, attacking the deceased with a knife during their quarrel over the debt. The claim of self-defense was rejected. The evidence showed that the accused initiated the assault, and the deceased’s act of grabbing a bolo occurred only after he had already been seriously wounded. The mutual fight that ensued was not preceded by an unlawful aggression on the part of the deceased that would justify self-defense. The trial court’s judgment finding the accused guilty of homicide was in accordance with the evidence and the law. The penalty imposed was affirmed.
