People Of The Philippine Islands v. Tembrevilla

JOHNS, J.:

The trouble had its origin over a dispute about a parcel of land. It appears that while Anacleto Tembrevilla, the appellant, was fencing the land, Nicomedes Taleon, with several of his companions, went to the place where Anacleto was at work, and that a dispute arose between him and the deceased. That aroused in anger Taleon unsheathed his bolo and struck at the defendant the second time, who took another backward step to the fence behind him at which he was working where he defended himself with his own bolo , and, in doing so, struck Taleon on the writs of his right arm, from the effects of which he died about four hours later.

A detailed statement of the facts would not serve any useful purpose. Suffice it so say that it tends to show that the deceased was the aggressor and more or less of a quarrelsome disposition, and that appellant acted in self-defense. That it appears that before going to the place, Taleon gave his companions some tuba , telling them "take each one glass only became we are going to a fight."

After a careful analysis of the evidence, the Attorney- General with commendable frankness recommends the acquittal of the defendant. Although there is some conflict in the testimony, it tends to show a case of justifiable homicide, and is not sufficient to convict the defendant, beyond a reasonable doubt. The judgment of the lower courts is, reversed, with costs de oficio , and the defendant discharged.

It appearing that he is now confined in Bilibid, it is ordered that he be released at once. So ordered.

Araullo, C. J., Street, Malcolm, Avanceña, Villamor, Ostrand, and Romualdez, JJ., concur.