G.R. No. L-29471, November 23, 1928
THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee, vs. DOMINGO BASALO, defendant-appellant.

FACTS

Domingo Basalo was charged with homicide for killing his mistress, Irenea Narano, with a bolo on the evening of January 27, 1928, in Toledo, Cebu. The incident began when Irenea severely reprimanded Basalo for buying a sweater for his son from a prior marriage without her consent and accused him of spending money on other women. After leaving the house to avoid the confrontation, Basalo was followed by Irenea, who continued scolding him and threatened to kill him. Basalo returned home, armed himself with a bolo, and went to a small cabin used as a storehouse. Irenea followed him again, slapped him, threw stones at him, and continued her abuse. Basalo then attacked and killed her with the bolo.

The trial court convicted Basalo of homicide, appreciating the extenuating circumstance of provocation and threats on the part of the victim, and sentenced him to twelve years and one day of *reclusion temporal*, with indemnity and costs.

ISSUE

Whether the mitigating circumstance of *obfuscation* should be appreciated in favor of the appellant, in addition to the extenuating circumstance of provocation and threats, to further reduce the penalty.

RULING

No. The Supreme Court affirmed the trial court’s judgment. The facts that could potentially support *obfuscation* are the same as those constituting the extenuating circumstance of provocation and threats from the victim. Following the doctrine established by the Supreme Court of Spain (March 7, 1871), these cannot be considered as separate mitigating circumstances. Therefore, only one mitigating circumstance was correctly appreciated. The penalty imposed by the trial court was in accordance with law and the facts of the case.