US vs.

VALDEZ

FACTS:
 On Nov 29, 1919, at around noon, the interisland steamer, VIGAN, was
anchored in the Pasig River which is a short distance from the lighthouse and not
far from where the river debouches into the Manila bay.

 A small boat was sent out to raise the anchor. The crew of the boat consist of
CALIXTO VALDEZ (herein accused) and 6 others among which is VENANCIO
GARGANTEL (victim). The accused was in charge of the men and stood at the
stern of the boat, acting as helmsman and Venancio as at the bow.

 The work of raising the anchor was proceeding slowly and it did satify the
accused which resulted to his act of abusing the men with offensive epithets.

 However, Venancio retorted back saying that it would be better and they would
work better if he would refrain from insulting him.

 The accused took this as an act if insubordination and while in rage he moved
towards Venancio, with a big knife in hand, threatening to stab him. 

 At the same time, Venancio believed that he was in great and immediate peril,
jumped off the boat and disappeared beneath its surface and he was seen no
more.

 The boat in which this incident took place was at the time possibly 30 or 40 yards
from shore (and was distant, say, 10 paces from the Vigan.)

 It was full midday, and there was nothing to obstruct the view of persons
upon the scene, the failure of Venancio Gargantel to rise to the surface
conclusively shows that, owing to his possible inability to swim or the strength of
the current, he was borne down into the water and was drowned.

 Two witnesses who were in the boar stated that after Venancio jumped off the
boat, Accused warned them to keep quiet or he would kill them. For this reason
they made no movement to rescue the victim.

 On the next day, a friend of Venancio positioned himself near the lighthouse in
hopes that the body of Venancio might resurface but after 3 days it was fruitless.

 It was also added that Venancio had not returned to his place in Manila where he
lived and his personal belongings have been delivered to a representative of his
mother.


RTC judge: convicted Valdez of the crime of HOMICIDE. It held that Venancio is dead
and it was caused by drowning under the circumstances stated.

HELD:
All reasonable possibility leads to Venancio’s death.

The proof is direct that he never rose to the surface after jumping into the river, so far as
the observers could see;

---coupled with the known fact that human life must inevitably be extinguished by
asphyxiation under water, is conclusive of his death.

The possibility that he might have swum ashore, after rising in a spot hidden from the
view of his companions, we consider too remote to be entertained for a moment.

AS TO THE CRIMINAL RESPONSILITY OF THE ACCUSED: The act of the victim in

throwing himself to the river is an act based on the instinct of self-preservation and was
in no sense legally responsible for his own death. As to him it was but the exercise of a
choice between two evils, and any reasonable person under the same circumstances
might have done the same. 

 British court, "If a man creates in another man's mind an immediate sense of dander
which causes such person to try to escape, and in so doing he injuries himself, the
person who creates such a state of mind is responsible for the injuries which result."

The accused must be considered the responsible author of the death of Venancio
Gargantel, and he was properly convicted of the offense of homicide. 

Separate Opinion:

Justice Arraullo
Day of incident------9 days-----filing of information. There were only 9 days since the
incident happened and he maintained that the necessary time had NOT yet passed for
them to properly conclude the case.

It also does not appear in evidence that all the precaution necessary for them to assure
themselves, as a sure and proven fact, that Venancio Gargantel then died by drowning,
were taken; 

No evidence that it would be impossible for Venancio to swim or by any other means
rise to the surface
Therefore, in short, the only fact proved is that since Venancio Gargantel threw himself into the river,
upon being threatened with a knife by the accused, his whereabouts has remained unknown even at
the moment of ren