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http://saudilawstudent.blogspot.com/2010/03/people-vs-bindoy.

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PEOPLE VS BINDOY
G.R. NO. L-34665
August 28, 1931

FACTS: Appeal from a judgement of the CFI of Occidental Misamis, for appellant was sentenced
to 12 years and 1 day of reclusion temporal and to indemnify the heirs of the deceased with the
amount of P1,000. The crime charged against the accused is homicide.

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 has 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.

ISSUE(S): Whether or not Bindoy is criminally liable?

HELD: Corroborated by Gaudencio Cenas of the testimony of the accused, Pacas and Bindoy
were actually for the possession of the bolo. When Pacas let go of the bolo, Bindoy had pulled
so violently that it flew towards his left side, at the very moment when Emigdio Omamdam
came up and who was therefore hit in the chest without Bindoy seeing him. Bindoy alleges that
it was caused accidentally and without malicious intent because he was only defending his
possession of the bolo which Pacas was trying to wrench away from him and his conduct was
perfectly lawful. The Court therefore acquitted Bindoy based on the facts stated.

"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."

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