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PHILIPPINE SUPREME COURT DECISIONS

EN BANC

[G.R. No. 29151. November 19, 1928. ]

THE PEOPLE OF THE PHILIPPINE ISLANDS, Plaintiff-Appellee, v. ELIAS CABONIALDA, Defendant-Appellant.

Pedro G. Almazan for Appellant.

Attorney-General Jaranilla for Appellee.

SYLLABUS


1. CRIMINAL LAW; HOMICIDE; DECEASED’S PHYSICAL CONDITION. — Before the assault the deceased had an accident and thereby became incapacitated for doing heavy work, yet, in spite of such condition, he was in relatively good health and could engage in field labor, especially coconut-planting. Even supposing that the blows received by the deceased caused his death because he was not in good health, this circumstance does not exempt the appellant from liability. (U.S. v. Samea, 15 Phil., 227; and U.S. v. Fenix, 11 Phil., 95.)


D E C I S I O N


AVANCEÑA, C.J. :


Elias Cabonialda appeals from the judgment of the Court of First Instance of Samar which found him guilty of the homicide of Arcadio Tabunda, and sentenced him to fourteen years, eight months and one day reclusión temporal with the accessories of the law, to indemnify the heirs of the deceased in the sum of P1,000, and to pay the costs.

About October 24, 1927, in the barrio of San Antonio, municipality of Basey, Province of Samar, Arcadio Tabunda, the deceased, went to a well about a hundred meters away from his house with a bamboo receptacle for the purpose of drawing water. But before he had filled it, the appellant, who suspected him of having taken some palawan leaves from his orchard, attacked him with a stick about 1
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