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    People VS Bindoy

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    Groot Groot
    Donato Bindoy was accused of stabbing and killing Emigdio Omamdam with a bolo during a disturbance at a wine shop. Witnesses testified that Bindoy and another man were struggling over the bolo when it flew from their grasp and stabbed Omamdam, who was standing behind Bindoy. The defense argued, and a witness corroborated, that the stabbing was accidental as Bindoy did not see Omamdam and did not intend to harm him. Based on the evidence that it was an accident without malice aforethought, the court acquitted Bindoy under article 8 of the Penal Code.

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    People VS Bindoy

    Uploaded by

    Groot Groot
    118 views2 pages
    Donato Bindoy was accused of stabbing and killing Emigdio Omamdam with a bolo during a disturbance at a wine shop. Witnesses testified that Bindoy and another man were struggling over the bolo when it flew from their grasp and stabbed Omamdam, who was standing behind Bindoy. The defense argued, and a witness corroborated, that the stabbing was accidental as Bindoy did not see Omamdam and did not intend to harm him. Based on the evidence that it was an accident without malice aforethought, the court acquitted Bindoy under article 8 of the Penal Code.

    Original Description:

    Article 4 Paragraph 1 - RPC

    Original Title

    1. People VS Bindoy

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    Donato Bindoy was accused of stabbing and killing Emigdio Omamdam with a bolo during a disturbance at a wine shop. Witnesses testified that Bindoy and another man were struggling over the bolo when it flew from their grasp and stabbed Omamdam, who was standing behind Bindoy. The defense argued, and a witness corroborated, that the stabbing was accidental as Bindoy did not see Omamdam and did not intend to harm him. Based on the evidence that it was an accident without malice aforethought, the court acquitted Bindoy under article 8 of the Penal Code.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    118 views2 pages

    People VS Bindoy

    Uploaded by

    Groot Groot
    Donato Bindoy was accused of stabbing and killing Emigdio Omamdam with a bolo during a disturbance at a wine shop. Witnesses testified that Bindoy and another man were struggling over the bolo when it flew from their grasp and stabbed Omamdam, who was standing behind Bindoy. The defense argued, and a witness corroborated, that the stabbing was accidental as Bindoy did not see Omamdam and did not intend to harm him. Based on the evidence that it was an accident without malice aforethought, the court acquitted Bindoy under article 8 of the Penal Code.

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    © All Rights Reserved
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    of 2

    G.R. No.

    L-34665 August 28, 1931


    THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee,
    vs.
    DONATO BINDOY, defendant-appellant.
    Florentino Saguin for appellant.
    Attorney-General Jaranilla for appellee
    (Accidentally stabbing bystander. NO MALICE or INTENT TO KILL in committing a crime.)
    (Felony will be punished in RPC not in RPC)

    That on or about the 6th of May, 1930, in the barrio of Calunod, municipality of Baliangao, Province of
    Occidental Misamis, the accused Donato Bindoy willfully, unlawfully, and feloniously attacked and with
    his bolo wounded Emigdio Omamdam, inflicting upon the latter a serious wound in the chest which
    caused his instant death, in violation of article 404 of the Penal Code

    In the afternoon of May 6, 1930, a disturbance arose in a tuba wineshop. Donato Bindoy offered some
    tuba to Faustino Paca's wife Tibay. She refused because she already have one, but Bindoy threatened to
    injure her if she did not accept. Pacas stepped in to defend his wife, attempting to take away from
    Bindoy the bolo he carried. Emigdio Omamdam who came to the wine shop to see what;s happening,
    instead got stabbed in the chest by Bindoy. This happened when Bindoy succeeded in disengaging
    himself from Pacas, wrenching the bolo from the latter's hand towards the left behind the accused and
    with such violence that the point of the bolo reached Omamdam's chest who was then behind Bindoy.
    There is no evidence that Emigdio took part in the fight between Bindoy and Pacas.

    There is no doubt that the latter caused the wound which produced Emigdio Omamdam's death, but the
    defendant alleges that it was caused accidentally and without malicious intent.

    Pacas and the widow of the deceased, Carmen Angot, testified having seen the accused stab Omamdam
    with his bolo. Such testimony is not incompatible with that of the accused, to the effect that he
    wounded Omamdam by accident. The widow testified that she knew of her husband's wound being
    caused by Bindoy from his statement to her before his death.

    The witness for the defense, Gaudencio Cenas, corroborates the defendant to the effect that Pacas and
    Bindoy were actually struggling for the possession of the bolo, and that when the latter let go, the
    former had pulled so violently that it flew towards his left side, at the very moment when Emigdio
    Omamdam came up, who was therefore hit in the chest, without Donato's seeing him, because Emigdio
    had passed behind him. The same witness adds that he went to see Omamdam at his home later, and
    asked him about his wound when he replied: "I think I shall die of this wound." And then continued:
    "Please look after my wife when I die: See that she doesn't starve," adding further: "This wound was an
    accident. Donato did not aim at me, nor I at him: It was a mishap." The testimony of this witness was not
    contradicted by any rebuttal evidence adduced by the fiscal.

    RULING

    In many criminal cases one of the most important aids in completing the proof of the commission of the
    crime by the accused is the introduction of evidence disclosing the motives which tempted the mind of
    the guilty person to indulge the criminal act.
    In view of the evidence before us, we are of opinion and so hold, that the appellant is entitled to
    acquittal according to article 8, No. 8, Penal Code. Wherefore, the judgment appealed from is reversed,
    and the accused Donato Bindoy is hereby acquitted with costs de oficio. So ordered.

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