G.R. No. 17933; March 23, 1922
THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee, vs. ATANASIO NANQUIL, defendant-appellant.

FACTS

Atanasio Nanquil, a Constabulary soldier, was investigating Severino Ramiscal regarding a theft. While interrogating Ramiscal on a road at night, Nanquil struck him with a gun, causing his death. Nanquil was convicted of homicide by the trial court, which imposed a penalty of fourteen years, eight months, and one day of reclusion temporal, plus indemnity. Nanquil appealed, claiming self-defense and arguing that the crime should be homicide through reckless imprudence, not simple homicide.

ISSUE

1. Whether the trial court erred in not crediting Nanquil’s claim of self-defense.
2. Whether the crime committed was simple homicide or homicide through reckless imprudence.
3. Whether the aggravating circumstance of nocturnity was correctly appreciated.

RULING

1. The Supreme Court found no error in the trial court’s rejection of the self-defense claim. The burden of proof for self-defense lies with the accused, and Nanquil failed to establish by positive and sufficient evidence that there was unlawful aggression by the deceased. The testimony of defense witnesses, who were fellow Constabulary members with a natural interest in Nanquil’s success, was less credible compared to the prosecution’s witnesses.
2. The crime is simple homicide, not homicide through reckless imprudence. The act of willfully striking the victim with a gun is incompatible with reckless imprudence. However, the Court found that Nanquil did not intend to kill the victim, as his purpose was to extract information. This lack of intent to commit so grave an evil constitutes a mitigating circumstance under Article 403 of the Penal Code.
3. The aggravating circumstance of nocturnity was incorrectly applied. The nighttime setting was incidental, as the investigation occurred at night because the patrol sergeant was ill, not because Nanquil deliberately sought the cover of darkness to facilitate the maltreatment.
The penalty was modified. Applying the mitigating circumstance and no aggravating circumstances, the minimum degree of reclusion temporal was imposed. Nanquil was sentenced to twelve years and one day of reclusion temporal, with accessory penalties, indemnity of P1,000 to the heirs, and costs.