- A novena was being held in the house of Victorina Cacpal in a barrio of the Municipality of Paoay, Juan Quianzon (defendant- Ilocos Norte appellant) - Andres Aribuabo for the 2nd or 3rd time went to the kitchen to ask for food from Quianzon Andres Aribuabo (victim) - Quianzon got annoyed, took hold of a firebrand and applied it to the neck of Aribuabo - Aribuabo ran and announce to the other people in the novena that he got wounded and that he was dying
WHO WOUNDED ARIBUABO?
- 4 witnesses were identified, Simeon Cacpal, Roman Bagabay, Gregorio Dumlao and Julian Llaguno 1. Simeon Cacpal Claims to have witnessed that Quianzon wounded Aribuabo in the abdomen (not considered meritorious by the court) 2. Roman Bagabay Testified that he saw Quianzon applied a firebrand on Aribuabo’s neck, where the latter ran and announced that it was the former who wounded him Quianzon admitted to him that he indeed attacked Aribuabo with the firebrand 3. Gregorio Dumlao Barrio lieutenant, conducted investigation and Aribuabo told him that is is Quianzon who wounded him 4. Julian Llaguno Quianzon was brought to him and confessed that he applied firebrand to Quianzon and later wounded him with a bamboo spit, but before he could put the confession in writing, Quianzon retracted
- Disinterestedness of the last three witnesses were not questioned
- Discarded the testimony of Simeon Cacpal - Evidence presented by the prosecution includes: Aribuabo’s statement immediately after receiving the wound naming Quianzon as the aggressor and the admission made by Quianzon that he applied the firebrand to Aribuabo’s neck and wounded him with a bamboo stick (res gestae) Extrajudicial confession of Quianzon to Dumlao and Llaguno - Defense of the Quianzon merely denies the allegations, and if he was the one who aggressed Aribuabo, he should not be convicted with homicide but of physical injuries - Quianzon said that Aribuabo could not have died if he did not twice removed the drainage in his wound