People v Kiichi Omine
Omine never urged Autor
61 Phil 609 (1935)
Topic: (Principals) By induction- words as powerful as coercion
Facts:
Defendants Autor, Ladion, and Agapito were working on the
hemp plantation of Angel Pulido under the direction of co-
defendant Kiichi Omine, who was the overseer or manager. The
four of them lived together in a house on the plantation.
Omine had asked Pulido for permission to open a new road
through the plantation. Pulido refused stating that there was
already an unfinished road but Omine contends that Pulido gave
him permission.
When Pulido, his son Hilario, Saito Paton, and Barabadan (a
Moro) were returning home, they noticed that a considerable
number of the hemp plants had been destroyed for the purpose
of opening a new road.
Angered, Pulido and his party went to the house of the
defendants.
According to the prosecution, Autor attempted to intervene
when Pulido was talking with Omine but was prevented by
Hilario. Autor then attacked Hilario with a bolo but missed
except for the hit on his left thumb. Ladion and Cortesano then
held Pulido by the arms. Omine shouted to Autor “pegale y
matale” and that was when Autor struck Pulido in the breast.
According to Omine’s party, it was Pulido and his son who were
the aggressors. The first to arrive was Hilario and after calling
Omine an offensive epithet, truck him in the breast with brass
knuckles. Autor attempted to intervene but Pulido and his son
attacked him with their fists. Ladion and Cortesano ran away
before Pulido was wounded by Autor.
to strike Pulido.
Issue:
WON Omine can be considered as a principal by induction
through words of coercion
Held:
No. There was no need for Omine to induce Autor to strike by
shouting “pegale y matale”. Pulido and Autor had already struck
each other with their fists. Pulido would naturally intervene in
the fight between his son and Autor, and if he did so, Autor who
had already drawn his bolo, would strike him without the need
of any inducement from Omine.
Even if it was proven that Omine uttered those words, it was not
sufficient to make him a principal by induction because it did not
appear to cause Autor to strike Pulido. Omine had no particular
influence over Autor because even though he was working under
Omine’s direction, it was Pulido who was paying him.
The offended party only received one wound which was struck
by Autor. The Court is convinced that Ladion and Cortesano did
not take part in the fight and instead ran away by the fact that
they were not included in the original complaint subscribed and
sworn by the offended party.
Note:
In the case of US v Indanan (24 Phil 203)-
For a person to be convicted of a crime by inducement, it is
necessary that the inducement is made directly with the
intention of procuring the commission of the crime and that the
inducement is the determining cause of the commission of the
crime. It must be precede the act induced and must be so
influential in producing the criminal act that without it, the act
wouldn’t have been performed. Moreover, as words of direct
inducement, it is essential that such advice or words have great
dominance and great influence over the person who acts, that
they be as direct, as efficacious, as powerful as physical or moral
coercion or as violence itself