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Procerfina Olbinar Vs. Court Of Appeals, Et Al.

PROCERFINA OLBINAR, petitioner, vs. COURT OF APPEALS and FERNANDO JIMENEZ, respondents. Rufino Mayor and Isidro M. Ampig for petitioner.

G.R. No. 76235 | 1991-01-21

D E C I S I O N


NARVASA, J.:

In the Municipal Circuit Court of Babak-Samal, Davao Province, Procerfina Olbinar was indicted, arraigned and tried for the felony of serious physical injuries committed with the use of a bolo against the person of Fernando Jimenez on or about June 8, 1980 in Barangay Caliclic, Babak, Davao. 1 The prosecution presented its proofs in due course, tending to show that in the evening of June 8, 1980

1) a certain Romeo Cahilog was boxing Emiliano Olbinar, Procerfina's husband;

2) Fernando Jimenez was trying to break up the assault by pulling Romeo Cahilog from behind;

3) at this point, Procerfina came and with...