Title
People vs. Bien
Case
G.R. No. 6739
Decision Date
Oct 16, 1911
Luis Bien threw Go Sui Chiang, a non-swimmer, into water, attempting to submerge him; rescuers intervened. Convicted of attempted homicide, penalty reduced due to mitigating circumstances.

Case Summary (G.R. No. 6739)

Incident Details

On the morning of May 3, 1910, Go Sui Chiang discovered unauthorized fishing activity occurring in his licensed maritime zone. Upon confronting Luis Bien, who was involved in the alleged illegal fishing, a physical altercation ensued. Bien is said to have forcibly thrown Chiang into the water, knowing the latter could not swim. Amid Chiang's cries for help, two witnesses, Camilo Bas and Victorino Bas, intervened and prevented the escalation of the incident by rescuing him from potential drowning.

Legal Proceedings and Judgment

Following the incident, Chiang reported the assault to the barrio lieutenant while still wet from the ordeal. Subsequently, on September 20, 1910, the provincial fiscal filed a complaint against Bien, charging him with frustrated homicide. The trial court found sufficient evidence supporting the charge, and on November 8, 1910, Bien was sentenced to six years of prision mayor and ordered to pay costs. Bien appealed the conviction.

Evaluation of Evidence

At trial, evidence established that Bien had engaged in overt acts constituting an attempted homicide. The court ruled that the nature of Bien's actions—specifically, throwing a non-swimmer into deep water—demonstrated a clear intent to cause harm, resulting in an attempted homicide classification. While witnesses for the defense denied witnessing the actual act, their testimony contrasted sharply with those who intervened, ultimately failing to provide a credible alternative explanation for Chiang's predicament. The prosecution also successfully established that Bien had no justifiable reason to act against Chiang, who was legally fishing in a licensed area.

Conclusion and Sentence

Given the absence of corroborating evidence supporting the defense's claims and the clear i

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