Case Digest (G.R. No. L-12963)
Facts:
United States v. Urbano Domen, G.R. No. 12963, October 09, 1917, the Supreme Court, Malcolm, J., writing for the Court. The petitioner was the United States; the defendant and appellant was Urbano Domen.Domen admitted that he inflicted a wound with a tuba knife on the right arm of Victoriano Gadlit that resulted in Gadlit’s death. At the trial the prosecution presented the testimony of Gadlit’s widow, who said Domen made an unprovoked attack at the foot of the stairway to their house; she also said a neighbor, Angel Pocong, witnessed the attack. Pocong, however, testified that he had been absent at the time and only knew of the fight from the widow’s account. The trial court found the widow mistaken and convicted Domen of homicide.
The prosecution otherwise relied on Filomeno Antipuesto, who testified that Domen admitted wounding the deceased, and on Pocong’s testimony as to the death while the deceased was carried in a hammock. The defense offered two eyewitnesses and Domen himself, who related a quarrel over Domen’s carabao, that the deceased attacked with a “Japanese” stick about a vara long, striking multiple blows, and that Domen struck back wounding the forearm.
The Attorney-General recommended acquittal. The Supreme Court reviewed the trial court’s judgment — reversing the conviction and acquitti...(Pro-only)
Issues:
- Was the conviction for homicide supported by the evidence so that it should be sustained?
- Did Domen act in lawful self-defense such that his use of force (without retreat) justified ...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)