G.R. No. L-299 : October 29, 1901
THE UNITED STATES, complainant-appellee, vs. JULIAN BERTUCIO, ET AL., defendants-appellants.

FACTS:
On the night of March 24, 1897, in Lumban, near Pila, a quarrel arose between Geronimo Linac and Julian Bertucio because Linac refused to work for Bertucio to pay off a debt of one dollar. During the altercation, Bertucio inflicted a serious bolo wound on Linac’s right wrist. Bernabe Gasapangra, intervening in aid of Linac, attacked Bertucio and inflicted three bolo wounds on Bertucio’s head, which healed in ten days without lasting effects. Linac died the following night due to a hemorrhage from the wrist wound. When the police located Gasapangra hiding in a cane field, he attempted to escape while armed with a bolo, prompting the arresting officers to use force, including throwing stones, resulting in minor wounds on Gasapangra that healed within about twelve days.

ISSUE:
1. Whether Julian Bertucio is guilty of homicide for the death of Geronimo Linac.
2. Whether Bernabe Gasapangra is guilty of assault of lesser gravity (lesiones menos graves) against Julian Bertucio.
3. Whether the arresting officers are criminally liable for the wounds inflicted on Gasapangra during his arrest.

RULING:
1. Julian Bertucio is guilty of homicide under Article 404 of the Penal Code. The court found his guilt conclusively established, rejecting his exculpatory claims for lack of proof and inconsistency. The mitigating circumstance under Article 9(3) of the Penal Code was applied, as Bertucio inflicted only a single blow without intent to cause death, and Linac’s death resulted from neglect and lack of medical treatment. No aggravating circumstances were present. Bertucio was sentenced to eight years and one day of prision mayor, with corresponding subsidiary penalties and one-third of the costs, without indemnity due to waiver by the heirs.

2. Bernabe Gasapangra is guilty of assault of lesser gravity under Article 418 of the Penal Code for wounding Bertucio. His guilt was proven by evidence showing he attacked Bertucio after witnessing Bertucio wound Linac. The mitigating circumstance under Article 11 (lack of intent to cause such injury) and the aggravating circumstance under Article 10(24) (use of a prohibited weapon) were considered. Gasapangra was sentenced to two months and one day of arresto mayor, an indemnity of 50 pesetas to Bertucio, and one-third of the costs, with half of his provisional imprisonment credited to his sentence.

3. The arresting officers are not criminally liable for the wounds inflicted on Gasapangra, as they acted in the lawful performance of their duties and in the legitimate exercise of authority to apprehend an armed fugitive. The charge against them was dismissed with the remaining third of the costs de oficio.

The court affirmed the appealed judgment in accordance with this decision, ordered the confiscation of the bolos used, and approved the insolvency declaration from attachment proceedings.