People v Kiichi Omine

July 24, 1935

Defendants-Appellants: Kiichi Omine, Eduardo Autor, Luis Ladion, Agapito Cortesano

APPEAL from a judgment of the CFI of Davao

FACTS:
Defendants Autor, Ladio, and Cortesano were working on the hemp plantation of Angel Pulido
under the direction of their co-defendant Kiichi Omine, who was the overseer or manager, with a
compensation of 10% of the receipts.

Omine asked Pulido for permission to open a new road through the plantation, but there was a
misunderstanding because Pulido contends that he refused to grant this request because there
was already an unfinished road. On the other hand, Omine contends that Pulido gave him the
permission.

When Pulido, with his son Hilario, accompanied by Saito Paton and a moro named Barabadan,
were returning home from a cockpit they noticed that a considerable number of hemp plants had
been destroyed for the purpose of opening a new road.

Angered by the destruction of hemp plants, Pulido and his party went to the house of the
defendants where the crime happened.

According to the prosecution:

While offended part was talking with Omine, Autor attempted to intervene but was prevented by
Hilario and so he attacked him with a bolo but wounded him only on the left thumb. Ladion and
Coretesano then held Pulido by the arms and Autor struck Pulido in the breast with his bolo.

According to the defendants:

First to arrive was Hilario, who after applying to Omine an offensive epithet, struck him in the
breast with brass knuckles. When Autor attempted to intervene, Pulido and his son attacked him
with their fists, HIlario striking him on the right cheek. Ladion and Cortesano ran away before
Pulido was wounded by Autor.

ISSUE/HELD/RATIO:
1) WON there was conspiracy among the defendants? -- NO
 Evidence did not prove that Ladion and Cortesano took any part in the fight – they ran
away and were not present when Pulido was wounded and were not included in the
original complaint
 If they were present, there was also no need for them to hold Pulido in order to enable
Autor to strike him with his bolo or for Omine to induce him to do so by shouting “pegale y
matale” (hit him and kill him)
 Hilario and Autor had already struck each other in the face before Angel Pulido intervene
in the fight and he did so, Autor, who had already drawn his bolo, would strike him
without a need for an inducement from Omine.
 Even if Omine uttered those words, they would not be sufficient to make him a principal
by induction because it does not appear that these words caused Autor to strike Pulido.
 Although Autor was working under the direction of Omine, it does not appear that Omine
has any influence over Autor.

US v Indanan: In order that a person may be convicted of a crime by inducement, it is necessary

that the inducement it is necessary that the inducement be made directly with the intention of
procuring the commission of the crime and that such inducement be the determining cause of the
commission of the crime.
SC of Spain: Although the phrases pronounced were imprudent and culpable, they were not so to
the extent that they may be considered the principal and moving cause of the effect produced.
Direct inducement cannot be inferred from such phrases, as in inducement must be precede the
act induced and must be so influential in producing the criminal act that without it the act would
not have been performed.

It is necessary that such advice or such words have great dominance and great influence over
the person who acts, that it is necessary that they may be as direct, as efficacious, as powerful as
physical or moral coercion or as violence itself.

2) WON Autor intended to kill the offended party – NO

Although the wound was serious and in a vital part of the body (11 inches in length, extending
from breast to the lower ribs on the right side), it was not a stab wound and was probably given
during a commotion and without being aimed at any particular part of the body. He only struck
Pulido once when he could have easily killed him.

However, there is no merit in the contention of Autor that Angel Pulido was accidentally wounded
in a struggle for the possession of the bolo. It was proven that he snatched out his bolo and
struck Pulido in the stomach.

Decision appealed reversed as to Omine, Ladion and Cortesano and they were acquitted.

As to Autor, the decision is modified. He is convicted of lesion graves and sentenced to suffer 1
year, 8 mos, and 21 days of prision correctional, to indemnify in sum of P540.