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People v. Doctolero
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US v Bumanglag et al. No. 5318 | December De cember 23, 1909 | J. Torres Torres FACTS: 1. Night of Jan 2, 1909 1909 - Rafael Bumangl Bumanglag, ag, an inhabitant inhabitant of pueblo pueblo of San Nicolas, Nicolas, Iloc missed 4 baares or 40 bundles of palay which were kept in his granary in Payas, barrio of the said pueblo.
2. He proceed proceed to search search for them them on the followi following ng morning morning and found found them in in an inclosed inclosed planted with sugar cane, at a distance of about 100 meters from his granary. For the pur ascertaining who had done it, he left the palay there. That night, accompanied by Grego Bundoc, Antonio Ribao, and Saturnino Tumamao, he waited near the said field for the p who might return to get the palay. 3. A man, man, who turned turned out to be Guill Guillermo ermo Ribis, Ribis, appeared appeared and and approached approached the palay palay and attempted to carry it away with him, but at that instant, Bumanglag, Bundoc and Ribao assaulted the presumed thief with sticks and cutting and stabbing weapons.
4. Ribis fell fell down and died died instantly instantly.. Bumanglag Bumanglag et al presumed presumed Ribis Ribis was the author author of se robberies and thefts that had occurred in the place.
5. Provincial Provincial fiscal fiscal filed filed a complaint complaint charging charging Bumanglag, Bumanglag, Bundoc and and Ribao with with the crim homicide. The trial judge sentenced the 3 caused to the penalty of 14 yrs 8 months 1 da reclusion temporal, with accessories, and payment of P1,000 indemnity to the heirs of th deceased.
6. Only Gregorio Gregorio Bundoc Bundoc appealed appealed from the said said sentence. sentence. He said he assaulted assaulted and and kille deceased, with the help of his co-defendants, in order to defend himself from an attack m by deceased with a bolo.
ISSUE / HELD / RATIO
1. WON Bundoc Bundoc should be acquitted acquitted based on plea plea of self self defines defines —> NO. Unless the accused was first unlawfully attacked, it is not proper to admit th of self defense and an d exempt him from criminal responsibility. It is necessary, necessary, in or that such defines shall be effective, that the same shall be proven as well as the charged. Sign up to vote on this title —> In this case, defendants declared that they only used sticks against Ribis but useful Useful Notshowed examination of health officer Felipe Barba of the latter’s body that serio wounds had been inflicted with cutting and stabbing weapons. —> Also, the bolo worn by the deceased was still in its sheath and hanging from his
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People v. Doctolero
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Jarco Marketing Corporation v
Crim Case Digest Manaban vs.
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US v Bumanglag et al. No. 5318 | December 23, 1909 | J. Torres
—> Special circumstance of Art 11 of Penal Code should also be considered in favo the accused, in view of the erroneous and quite general belief that it is legal to p thief who deprived them the fruits of their arduous labours. —> These 2 circumstances (Arts 9 & 11) are considered especially admissible in the present case, without any aggravating circumstance, and the determine (accord Art 81, Rule 5 of Penal Code), the imposition of the penalty immediately inferior prescribed by law, and in its minimum degree.
*Dispositive: —> Gregorio Bundoc (only one who appealed) is sentenced to the penalty of 6 yrs a day of prision mayor, including accessories, to indemnify the heirs of the deceas the sum of P1,000 jointly or severally with his co-defendants and to pay 1/3 of th of both instances
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