The facts are summarized in the People's brief, as follows:

At about 2:30 in the afternoon of August 22, 1968, Graciano Juan, Jesus Verano and Cesar Ibanez
together with the two deceased Davis Fleischer and Flaviano Rubia, were fencing the land of
George Fleischer, father of deceased Davis Fleischer. The place was in the boundary of the
highway and the hacienda owned by George Fleischer. This is located in the municipality of
Maitum, South Cotabato. At the place of the fencing is the house and rice drier of appellant
Mamerto Narvaez (pp. 179-182, t.s.n., Pieza II). At that time, appellant was taking his rest, but
when he heard that the walls of his house were being chiselled, he arose and there he saw the
fencing going on. If the fencing would go on, appellant would be prevented from getting into his
house and the bodega of his ricemill. So he addressed the group, saying 'Pare, if possible you stop
destroying my house and if possible we will talk it over what is good,' addressing the deceased
Rubia, who is appellant's compadre. The deceased Fleischer, however, answered: 'No, gademit,
proceed, go ahead.' Appellant apparently lost his equilibrium and he got his gun and shot
Fleischer, hitting him. As Fleischer fell down, Rubia ran towards the jeep, and knowing there is a
gun on the jeep, appellant fired at Rubia, likewise hitting him (pp. 127-133, t.s.n., Defense
transcript). Both Fleischer and Rubia died as a result of the shotting' (pp. 9-14, t.s.n., Pieza I, pp.
8-9, Appellant's Brief, p.161, rec.).
It appears, however, that this incident is intertwined with the long drawn out legal battle between the Fleischer and
Co., Inc. of which deceased Fleischer was the secretary-treasurer and deceased Rubia the assistant manager, on the
one hand, and the land settlers of Cotabato, among whom was appellant.
From the available records of the related cases which had been brought to the Court of Appeals (CA-G.R. Nos.
28858-R and 50583-R) and to this Court on certiorari (G.R. No. L-26757 and L-45504), WE take judicial notice of
the following antecedent facts:
Appellant was among those persons from northern and central Luzon who went to Mindanao in 1937 and settled in
Maitum, a former sitio of Kiamba and now a separate municipality of South Cotabato. He established his residence
therein, built his house, cultivated the area, and was among those who petitioned then President Manuel L. Quezon
to order the subdivision of the defunct Celebes Plantation and nearby Kalaong Plantation totalling about 2,000
hectares, for distribution among the settlers.
Shortly thereafter, Fleischer and Company, headed by George W. Fleischer, an American landowner in Negros
Oriental, filed sales application No. 21983 on June 3, 1937 over the same area formerly leased and later abandoned
by Celebes Plantation Company, covering 1,017.2234 hectares.