Title
People vs. Espenilla
Case
G.R. No. 43816
Decision Date
Oct 8, 1935
Defendants-appellants in the murder case of Simplicio Tomandao were acquitted except for Eulogio Espenilla, who was found guilty of homicide due to failure to prove self-defense. The other appellants were acquitted due to lack of evidence.
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Case Digest (G.R. No. 43816)

Facts:

The case involves the defendants-appellants Eulogio Espenilla et al., who were tried in the Court of First Instance of Leyte for the murder of Simplicio Tomandao. The incident occurred on March 21, 1935, in the barrio of Tagkip, Burauen. Earlier that day, a fight broke out between Eusebio Bueno and Romualdo Idara during a gambling game. Simplicio Tomandao intervened and tried to settle the dispute. However, Bueno resented Tomandao's intervention and threatened to fight him later. Later that day, Felix Sosing, accompanied by the six co-accused, went to Felix Cuizon's house and asked Cuizon to send Tomandao outside. Tomandao, who was eating with Cuizon, ran away when Sosing pointed a gun at him. However, he was caught and attacked by Espenilla, Sosing, and the other defendants. Tomandao sustained multiple wounds and died almost immediately.

Issue:

  • (Unlock)

Ruling:

The Court reversed the decision of the lower court and acquitted the appellants Felix Sosing, Eusebio Bueno, Balbino Tomas, Cesareo Tomas, Antonio Sosing, and Pedro Arrosado. They were found not guilty of the crime. However, the appellant Eulogio Espenilla was found guilty of homicide and sentenced to an indeterminate sentence of two years of pri...(Unlock)

Ratio:

The burden of proof was on Eulogio Espenilla to prove that he acted in self-defense. However, his testimony did not con...continue reading


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