Republic of the Philippines SUPREME COURT Manila

EN BANC
GR No. L-2843 May 14, 1951
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee,
vs. BENITO BERNARDO GUHITING and GUHITING, defendants-appellants.
D. Gabriel R. Banaag on behalf of the appellants.
The Assistant Attorney General Guillermo E. Torres and Mr. Meliton G. Soliman Attorney
representing the government.
PAUL J. :
Between one and two in the afternoon of January 30, 1943, Dorotea selvage, wife of the accused
Benito, rushing toward the checkpoint guerrillas, shouting "Manay is dead." The Benito and
Bernardo and Daniel Elandang Guhiting defendants and others who were in the garitay who heard
Dorotea, immediately went to the home of Matilde Guhiting, and Bernardo Benito
sister. 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 bolo, in the locality called "betel".Daniel Elandag
yotros siquieron after the two brothers. Upon arrival they saw Zacarias, beloved Matilde, sitting on
unpetate with outstretched feet and supported a trunk; She had on her lap the head of Matilde, who
was lying on the floor apparently with stomach upsets. Zacarias had his hand on her abdomen to
placate the Dobor.
Benito and Bernardo immediately entered the house and ran to Zacarias: Benito discharge blows
with his "bankaro" in the head, right hand, right hip and arms of Zacarias, and Bernardo attacked
with his boloa Zacarias, infiriendole a wound 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 of what happened to his son Zachary, went to the house through the
gatehouse of the guerrillas, where he saw Daniel Alfredo Gorimbao.Los Elandag and three went to
the house and encontraronalli Zacarias lying on the floor condicionseria the kitchen; He had a
fracture in the head, right parietal region, the bones of the arms, broken, and a wound on his right
wrist. When questioned by his father, Zacarias replied that attacked Benito and Bernardo
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's first marriage; site is located inthe
Hubas, Anao-aon district, Surigao, Surigao, and 200 fathoms of the gatehouse.
The defense has another version and reproduced verbatim part of the plea, which is as follows:
The theory for the defense . - The defense of the HEREIN defendants-appellants is
predicated on the Theroy That as brothers of Matilda Guhiting 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 tried to hack him WHO With His

scythe. No other feeling, but of self-preservation That, instinct for self-defense, at the time,
goaded and induced Bernardo Guhiting to use a bolo Which I drew from ITS scabbard to
repel the attack. In an Attempt to parry the blow coming from Zacarias Murillon, Bernardo
Which Guhiting successfully did, the Latter wounded the former at the wrist of the right
hand. From Such wound RESULTING only in profuse hemorrhage, Zacarias Murillon
died. Benito Guhiting did not Have any participation in the act; consequently, I Could not
have any liability for the death or Responsibility Said of the deceased. (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 sum of P4,000 and one half of the costs. Against this sentence the defendants
appeal.
Matilde Guhiting is older sister of Bernardo Benito and defendants, and Zacarias guerida time of the
crime.Mening, daughter Matilde with her first husband, pedia relief to his neighbors saying that her
mother had stomach attack, and this I heard Alfredo Gorimbao who had just taken his lunch and was
walking within your solar, ten fathoms house Matilde. Daniel Elandg and Alfredo Gorimbao, who are
prosecution witnesses, have no reason to lie to the detriment of the accused. Deniel's wife's sister
and Alfredo, these premium. Benito admits he does not have any grudge with any of the
witnesses. If Daniel and Alfredo are affinity relatives of the defendants, that were to testify falsely
against them?
If it is true that only Bernardo was the only queataco and consiquio hurt Zacarias in his right hand
poresquivar attack this with a sickle, because then took Zacarias broken right parietal region,
contusionen right and broken hip bones arms? These bruises and fractures caused by blunt
instrument, the league denounce the deltestimonio veracity of prosecution witnesses: Zacarias was
arrementido with a "bankaro" by Bernardo Benito and a bolopor.There are more, Bernardo is lefthanded. 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 application; however,
Benito was armed with "bankaro" and one with "buyo."
There is no doubt that the accused attacked Zacarias under the impulse of a just obstinacy: believed
his sister Matilde was killed by Zacarias, and although there was no such offense really is
indisputable, HOWEVER, who acted on that belief.
The aggravating circumstance of dwelling does not have applicational present 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: day 10 years and more prison , as
minimum, to 17 years, 4 months and 1 day of temporary seclusion , as maximum, with the
accessory.
Dictese sentence tenor of the decision and judgment confirm it in everything else, with costs.