G.R. No. 19586. February 17, 1923

In this case the information alleges:

“That on or about the 27th day of February of the present year, 1922, in the
municipality of Cauayan, Occidental Negros, Philippine Islands, and within the
jurisdiction of this court, the aforesaid accused, all provided with deadly
weapons, and, having previously agreed among themselves, deliberately decided to
kill Nicomedes Taleon, and in effect did willfully, unlawfully, and feloniously,
with treachery and abuse of superior strength on account of the force and number
of the said accused, surround said Nicomedes Taleon absolutely defenseless, and
once in that situation, the accused Pedro Tembrevilla suddenly struck Nicomedes
Taleon with a bolo in the right forearm which caused his death a few
hours thereafter. Contrary to law, and with the 2d, 7th, 8th, and 9th
circumstances of article 10 of the Penal Code now in force.”

The defendants Federico Tembrevilla, Quirico Tembrevilla, and Hilarion Cayang
were never placed under arrest, because they could not be found. The lower court
acquitted the defendants Pedro Tembrevilla, Benito Tembrevilla, and Esteban
Encoy, and found the defendant Anacleto Tembrevilla guilty, and sentenced him to
fourteen years, eight months and one day of reclusion temporal, with the
accessory penalties, to indemnify the heirs of the deceased in the sum of P500,
and to pay one-seventh of the costs, from which he appeals, claiming that the
trial court erred in finding that the defendant was the aggressor, that he was
not acting in self-defense and in finding him guilty of the crime charged.

JOHNS, J.:

The trouble had its origin over a dispute about a parcel of land. It appears
that while Anacleto Tembrevilla, the appellant, was fencing the land, Nicomedes
Taleon, with several of his companions, went to the place where Anacleto was at
work, and that a dispute arose between him and the deceased. That aroused in
anger Taleon unsheathed his bolo and struck at Anacleto, who stepped
backward. That Taleon struck at the defendant the second time, who took another
backward step to the fence behind him at which he was working where he defended
himself with his own bolo, and, in doing so, struck Taleon on the wrist
of his right arm, from the effects of which he died about four hours later.

A detailed statement of the facts would not serve any useful purpose. Suffice
it to say that it tends to show that the deceased was the aggressor and more or
less of a quarrelsome disposition, and that the appellant acted in self-defense.
That it appears that before going to the place, Taleon gave his companions some
tuba, telling them “take each one glass only because we are going to a
fight.”

After a careful analysis of the evidence, the Attorney-General with
commendable frankness recommends the acquittal of the defendant. Although there
is some conflict in the testimony, it tends to show a case of justifiable
homicide, and is not sufficient to convict the defendant, beyond a reasonable
doubt.

The judgment of the lower court is reversed, with costs de oficio, and
the defendant discharged. It appearing that he is now confined in Bilibid, it is
ordered that he be released at once. So ordered.

Araullo, C.J., Street,
Malcolm, Avanceña, Villamor, Ostrand, and Romualdez, JJ.,
concur.