[G.R. No. 34283. September 11, 1931. ]
THE PEOPLE OF THE PHILIPPINE ISLANDS, Plaintiff-Appellee, v. TELESFORO ALVIAR, Defendant-Appellant.
Conrado V. Singson, for Appellant.
Attorney-General Jaranilla, for Appellee.
1. CRIMINAL LAW; HOMICIDE; SELF-DEFENSE; INCOMPLETE DEFENSE. — When the perpetration of a homicide is admitted by an accused person, he must, in order to exculpate himself on the ground that he acted in self-defense, supply proof which is credible in itself and sufficient to engender a reasonable doubt of his guilt. In a case where the proof consisted mainly in the written statement of the accused made shortly after the homicide was committed and his own testimony given at the trial, and these two statement differed in material particular, the court refused to give entire credence to either, and conceded to the accused the benefit of incomplete self-defense only.
D E C I S I O N
This appeal has been brought to reverse a judgment of the Court of First Instance of the Province of Cagayan, finding the appellant, Telesforo Alviar, guilty of the offense of homicide and sentencing him to undergo imprisonment for fourteen years, eight months and one day, reclusion temporal, with the accessory penalties prescribed by law, and requiring him to indemnify the heirs of the deceased (Nicolas Alviar) in the sum of P500, as well as to pay the costs of prosecution.
At about 7 p. m. on the night of January 5, 1930, Rufino Usigan, a policeman of Buguey, Cagayan, while passing along a road or street, in the municipality of Buguey, heard groans coming from an injured person. Upon stopping to investigate he found Nicolas Alviar lying in or near the way. Upon inquiring what was the matter, Nicolas replied that he and Telesforo Alviar had had a fight, and that he was wounded. Usigan accordingly conveyed Nicolas to the municipal building, where examination was made into the nature of his injuries. Upon examination by the local sanitary officer, it was found that Nicolas had received two wounds, the most serious being a cut in the right breast, 8