Republic of the Philippines

SUPREME COURT
Manila
EN BANC
May 14, 1951
G.R. No. L-2843
EL PUEBLO DE FILIPINAS, querellante-apelado,
vs.
BENITO GUHITING y BERNARDO GUHITING, acusados-apelantes.
D. Gabriel R. Banaag en representacion de los apelantes.
El Procurador General Auxiliar Sr. Guillermo E. Torres y el Procurador Sr. Meliton
G. Soliman en representacion del Gobierno.
PABLO, J.:
Between one and two in the afternoon of January 30, 1943 , Dorothea selvage, wife of the
accused Benito , running toward the checkpoint guerrillas shouted " Manay is dead. " The Benito
and Bernardo and Daniel Elandang Guhiting accused and others who were in the garitay who
heard Dorotea , immediately went to the home of Matilde Guhiting , sister of Benito and
Bernardo . Benitoestaba armed with a piece of wood one meter long on the size of the wrist of a
man , call the town " bankaro " and Bernardo with a sharp pin , in the locality called " betel " .
Daniel Elandag andother siquieron after the two brothers. On arrival they saw Zacarias , dear
Matilda , sitting on unpetate with outstretched feet and supported a trunk ; had his head on her
lap Matilde , who was lying on the ground apparently stomach upsets. Zacarias had his hand on
her abdomen to placate the Dobor .
Bernardo Benito and immediately entered the house and attacked Zachary: Benito downloaded
blows with his "bankaro" in the head, right hand, right hip and arms of Zacarias, and Bernardo
attacked with boloa Zacarias, a wound infiriendole in the wrist that pocosepara hand right
forearm. Benito and Bernardo took his sister Matilde, leaving Zacarias maltrechoy lying on the
floor of the house.
Hermogenes Upon learning what happened to his son Zachary, went to the house through the
checkpoint guerrillas, where he saw Daniel Alfredo Gorimbao.Los Elandag and three went into
the house and encontraronalli Zacarias lying on the floor condicionseria the kitchen; He had a
broken head, right parietal region, the bones of the arms, broken and a right wrist injury. When
questioned by his father, Zacarias replied that attacked Bernardo Benito and Guhiting.
Hermogenes took him to his home, where he died at about five in the afternoon.

The house was Matilde event and was built envy her husband first marriage; Hubas site is
located inthe neighborhood of Anao-aon, Surigao, Surigao, 200 fathoms in the booth.
The defense has another version and reproduced verbatim part of the plea, which is:
The theory for the defense. - The defense of the defendants-appellants HEREIN is predicated on
the theroy That Guhiting as brothers of Matilda Who Was Being badly maltreated by her
common law husband, Zacarias Murillon, They Went to her house with the end inview of
lending succor and help to her . But before They could do so, Guhiting Bernardo, one of the
brothers, was met by Zacarias Murillon WHO tried to hack him With His scythe. No other
feeling, but That of self-preservation, instinct for self-defense, at the time, goaded and induced
Bernardo Guhiting to use a bolus Which I drew from STI scabbard to repel the attack. In an
Attempt to parry the blow coming from Zacarias Murillon, Bernardo Guhiting Which did
successfully, the Latter wounded the former at the wrist of the right hand. From RESULTING
Such wound only in profuse hemorrhage, Zacarias Murillon died. Guhiting Benito did not Have
any participation in the act; consequently, I Could not have any liability or Responsibility for the
death of the deceased Said. (Pp. 7 and 8, the defense allegation.)
The Court of First Instance of Surigao not give importance to the alleged self-defense and
sentenced the two defendants to life imprisonment, jointly and severally to pay compensation to
the heirs of Zacarias in the amount of P4,000 and half of the costs. Against this judgment the
accused appealed.
Matilde Guhiting is older sister of Bernardo Benito and defendants, and Zacarias guerida while
crime. Mening daughter Matilda with her first husband, calling for help to his neighbors saying
that her mother had stomach attack, and this Gorimbao Alfredo heard he had just taken his lunch
and was walking within your solar, ten fathoms house Matilde. Daniel Elandg and Alfredo
Gorimbao, which are the prosecution witnesses, have no reason to lie to the detriment of the
accused. Deniel wife's sister and Alfredo, these premium. Benito admits he does not have any
resentment with any witnesses. If Daniel and Alfredo are relatives by marriage of the accused,
that were to testify falsely against them?
If it is true that only Bernardo was the only queataco and consiquio hurt in his right hand
Zacarias poresquivar this attack with a sickle , because then Zacarias had broken right parietal
region, contusionen right hip and broken bones arms? These bruises and fractures caused by
blunt instrument , reported to the league 's deltestimonio veracity of prosecution witnesses :
arrementido Zacarias was a " bankaro " by Bernardo Benito and a bolopor . There are more ,
Bernardo left handed. The situation of the fracture in the head of Zacarias is mute but eloquent
witness.
The crime committed by the accused is murder , then they attacked him as he sat , helpless ,
desprevenidode arrival and had his head on her lap Matilde who atandia with diligence; however,
Benito was armed with " bankaro " and one with " buyo . "

No doubt that the accused attacked Zacarias under the impulse of a just stubbornness : they
believed that his sister Matilde was killed by Zacarias , and although there was no such offense
in fact is indisputable, HOWEVER , who acted on that belief.
The aggravating circumstance of abode not present applicational case . The house is not
Zacariras but Matilda , sister of the accused. They went into it with the intention of socerrer
Matilde and not to commit any Deliot .
They have in their favor a mitigating circumstance , without aggravating .
Be imposed on the accused the indeterminate sentence , that is: 10 years and more prison day , as
minimum , to 17 years , 4 months and 1 day of temporary seclusion , as maximum , with the
accessory .
Dictese judgment on the basis of the decision and judgment confirm it in everything else , with
costs.
Paras , Pres . , Fair , Benzon , Padilla, Tuazon , Montemayor and juice , JJ. , Concur.