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    US v. Valdez

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    PNP Mayoyao
    The accused was overseeing a small boat raising an anchor where the deceased was working. The accused grew impatient with the work and began insulting the crew. When the deceased confronted the accused, the accused threatened him with a large knife. Fearing for his safety, the deceased jumped into the river to escape but drowned. The court found the accused liable for homicide, as the deceased's death was a direct result of being threatened by the accused and fleeing in self-defense. The appellate court affirmed the trial court's decision, finding the accused properly convicted of homicide.

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    US v. Valdez

    Uploaded by

    PNP Mayoyao
    309 views1 page
    The accused was overseeing a small boat raising an anchor where the deceased was working. The accused grew impatient with the work and began insulting the crew. When the deceased confronted the accused, the accused threatened him with a large knife. Fearing for his safety, the deceased jumped into the river to escape but drowned. The court found the accused liable for homicide, as the deceased's death was a direct result of being threatened by the accused and fleeing in self-defense. The appellate court affirmed the trial court's decision, finding the accused properly convicted of homicide.

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    Us v Valdez

    Original Title

    46. US v. Valdez

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    The accused was overseeing a small boat raising an anchor where the deceased was working. The accused grew impatient with the work and began insulting the crew. When the deceased confronted the accused, the accused threatened him with a large knife. Fearing for his safety, the deceased jumped into the river to escape but drowned. The court found the accused liable for homicide, as the deceased's death was a direct result of being threatened by the accused and fleeing in self-defense. The appellate court affirmed the trial court's decision, finding the accused properly convicted of homicide.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    309 views1 page

    US v. Valdez

    Uploaded by

    PNP Mayoyao
    The accused was overseeing a small boat raising an anchor where the deceased was working. The accused grew impatient with the work and began insulting the crew. When the deceased confronted the accused, the accused threatened him with a large knife. Fearing for his safety, the deceased jumped into the river to escape but drowned. The court found the accused liable for homicide, as the deceased's death was a direct result of being threatened by the accused and fleeing in self-defense. The appellate court affirmed the trial court's decision, finding the accused properly convicted of homicide.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    of 1

    #46) US v.

    VALDEZ 41 PHIL 497


    FACTS:
    At about noon on November 29, 1919, while an interisland steamer Vigan was
    anchored in Pasig River, a small boat, consisting of the accused Calixto Valdez and six other
    crew who among them was the deceased, Venancio Gargantel, was sent to raise the anchor.
    The accused acts as helmsman and Gargantel was at the bow.
    The work of raising the anchor was too slow for the accused so he began to abuse
    the men with offensive epithets. Gargantel remonstrated, saying that they would work
    better if the accused would not insult them. The latter took the remonstrance as
    insubordination, thus he moved towards the former with a big knife in hand, threatening to
    stab him. When within a few feet, Gargantel, believing in great and immediate peril, threw
    himself into the water and disappeared beneath its surface to be seen no more.
    Despite the reasonable possibilities that he may have survived, the failure of
    Gargantel to rise to the surface, conclusively shows that he was drowned that cause his
    death. Thus, the judgement was rendered to the accused being convicted as the author of
    the homicide. He then alleged upon appeal that he was only guilty of the offense of inflicting
    serious physical injury or at most frustrated homicide.
    The trial judge sentenced the accused for properly convicted of the offense of
    homicide with the attenuating circumstance of the fact that the offender had no intention
    to commit so great a wrong as committed. (Paragraph 3, Article 9, Penal Code). Accused is
    also to undergo imprisonment for twelve years and one day, reclusion temporal, to suffer
    corresponding accessories, to indemnify the deceased family in the sum of P500 and pay the
    costs.
    ISSUE:
    Whether or not the circumstances made the accused liable for homicide in case death
    results by drowning.
    RULING:
    The accused was liable as the responsible author of the death of Venancio Gargantel.
    It is obvious that the deceased, in throwing himself into the water acted solely in obedience
    to the instinct of self- preservation and was in no sense legally responsible for his death. It
    was but the exercise of choice between two evils and any reasonable person under same
    circumstance would do the same.
    The Court affirmed the trail judge decision. Said sentence is in accordance with law.

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