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    131 People V Kiichi Omine

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    Kiichi Omine was the overseer of a hemp plantation owned by Angel Pulido. Omine asked for permission to open a new road through the plantation, which Pulido refused. Pulido later discovered hemp plants destroyed by the new road's construction. Witnesses said during a confrontation, Omine shouted at Eduardo Autor to hit and kill Pulido, after which Autor stabbed Pulido. The court held that Omine's alleged words were insufficient to make him a principal by induction in the crime, as inducement must be directly intended to procure the crime and be the determining cause, which was not proven here.

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    131 People V Kiichi Omine

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    SDN Helpline
    295 views1 page
    Kiichi Omine was the overseer of a hemp plantation owned by Angel Pulido. Omine asked for permission to open a new road through the plantation, which Pulido refused. Pulido later discovered hemp plants destroyed by the new road's construction. Witnesses said during a confrontation, Omine shouted at Eduardo Autor to hit and kill Pulido, after which Autor stabbed Pulido. The court held that Omine's alleged words were insufficient to make him a principal by induction in the crime, as inducement must be directly intended to procure the crime and be the determining cause, which was not proven here.

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    Peopl vs omine

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    131 People v Kiichi Omine

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    Kiichi Omine was the overseer of a hemp plantation owned by Angel Pulido. Omine asked for permission to open a new road through the plantation, which Pulido refused. Pulido later discovered hemp plants destroyed by the new road's construction. Witnesses said during a confrontation, Omine shouted at Eduardo Autor to hit and kill Pulido, after which Autor stabbed Pulido. The court held that Omine's alleged words were insufficient to make him a principal by induction in the crime, as inducement must be directly intended to procure the crime and be the determining cause, which was not proven here.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    295 views1 page

    131 People V Kiichi Omine

    Uploaded by

    SDN Helpline
    Kiichi Omine was the overseer of a hemp plantation owned by Angel Pulido. Omine asked for permission to open a new road through the plantation, which Pulido refused. Pulido later discovered hemp plants destroyed by the new road's construction. Witnesses said during a confrontation, Omine shouted at Eduardo Autor to hit and kill Pulido, after which Autor stabbed Pulido. The court held that Omine's alleged words were insufficient to make him a principal by induction in the crime, as inducement must be directly intended to procure the crime and be the determining cause, which was not proven here.

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    © All Rights Reserved
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    of 1

    PEOPLE v.

    KIICHI OMINE
    61 Phil 609 (1935)

    FACTS:

    Defendants Eduardo Autor, Luis Ladion and Agapito Cortesano were working
    under co-defendant Kiichi Omine, the overseer or manager of the hemp
    plantation owned by Angel Pulido. The 4 defendants lived together in a house
    on the plantation. Kiichi Omine asked Angel Pulido for permission to open a
    new road through the plantation. According to Omine, Pulido did give his
    permission so he began working on the new road. But according to Pulido, he
    refused to grant this request because there was already an unfinished road.
    As Pulido and his son along with 2 others were returning home from a cockpit,
    they noticed that a considerable number of hemp plants destroyed by the
    construction of the new road. There is a sharp conflict in the evidence as to
    what followed. The witnesses for the prosecution contend that while the
    offended party was talking with Omine, Eduardo Autor attempted to intervene,
    but was prevented by Hilario Pulido; that Eduardo Autor attacked Hilario Pulido
    with a bolo, but did not wound him except on the left thumb; that Luis Ladion
    and Agapito Cortesano then held Angel Pulido by the arms, and when Eduardo
    Autor approached, Omine shouted to him "pegale y matale", and Autor struck
    Angel Pulido in the breast with his bolo.

    ISSUE:

    Whether or not Kiichi Omine is a principal by induction

    HELD:

    No. Although it is alleged that Kiichi Omine uttered words of inducement to


    Eduardo Autor, it would be insufficient to make him a principal by induction.
    Eduardo Autor, though working under the direction of Omine was still being
    paid by Pulido. Moreover, it is necessary that inducement be made directly w/
    the intention of procuring the commission of the crime and that such
    inducement be the determining cause of the commission of the crime. It must
    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.
    on Angel Pulido.

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