THE PEOPLE OF THE PHILIPPINE ISLANDS VS.

DONATO BINDOY

G.R. No. L-34665

August 28,1931

Ponente:Villamor,J.

FACTS:

-This is in appeal in the judgment of the trial court in finding the appellant guilty beyond
reasonable doubt in the crime of homicide.

- On May 6, 1930, in the market of Calunod, a disturbance arose which started from the offer of
the accused Donato Bindoy to a certain Tibay to drink tuba. Upon refusal, Bindoy threatened to
hurt her. An argument ensued as a result, Pacas, Tibays husband stepped in for her defense,
attempting to take away the bolo Bindoy was carrying. During the course of the struggle,
Bindoy hit in the chest Emigdio Omamdam resulting to his death, this happened when Bindoy
succeeded in disengaging himself from Pacas, wrenching the bolo from the latter's hand
towards the left behind the appellant, with such violence that the point of the bolo reached
Emigdio Omamdam's chest, who was then behind Bindoy.

ISSUE:

Whether or not Bindoy is criminally liable.

HELD:

No. The accused incurred no criminal liability.

There was no evidence showing that Bindoy hit Omamdam deliberately and with the intention of
commiting a crime, the two happened to be nephew and uncle and are in good terms. He was
only struggling for the possession of bolo and had no intention to wound Pacas.

In this case, because there was no intent to kill, no criminal liability can be charged. The
judgment is reversed and the appellant is acquitted.