PEOPLE v BINDOY [G.R. No.

L-34665 August 28, 1931]

Topic: Accident

ISSUE: w/n Bindoy is criminally liable for the death of Omamdam (NO)

FACTS:
● 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 but she refused because she already
have one. 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.
● In the course of the struggle, Bindoy succeeded in disengaging himself from Pacas,
wrenching the bolo from the latter's hand, with such violence that the point of the bolo
reached Omamdam's chest, who was then behind Bindoy.
● The trial court held that Bindoy was guilty of the crime of homicide. Bindoy appealed,
alleging that the death of Omamdam was caused accidentally and without malicious
intent.

RULING:
● There is no evidence to show that:
○ Bindoy deliberately and intentionally killed Omamdam
○ Omamdam took part in the fight between Bindoy and Pacas
○ Bindoy was aware of Omamdam's presence since he was behind the accused
○ there was disagreement or ill feelings between Bindoy & Omamdam. On the
contrary, they were nephew & uncle so they were on good terms with each other.
● The witness for the defense 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 Omamdam, who was
therefore hit in the chest, without Bindoy's seeing him, because Omamdam had passed
behind him.
● If in the struggle, Bindoy had attempted to wound his opponent and instead of doing so,
had wounded Omamdam, he would be liable for his act, since whoever willfully commits
a felony or a misdemeanor incurs criminal liability, although the wrongful act done is
different from that which he intended.
● This is not the case here. Bindoy did not try to wound Pacas. He was only trying to
defend his possession of the bolo, which Pacas was trying to wrench away from him. His
conduct was perfectly lawful.