G.R. No. L-29471, November 23, 1928
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 former 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 take his life. Basalo returned home, armed himself with a bolo, and went to a small cabin used as a banana storehouse. Irenea followed him again, slapped him, threw stones at him, and continued her abuse. Basalo then attacked her with the bolo, inflicting fatal wounds.

The trial court convicted Basalo of homicide, considering the extenuating circumstance of provocation and threats on the part of the offended party, 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 considered separately from the extenuating circumstance of provocation and threats, thereby warranting a further reduction of the penalty.

RULING

No. The Supreme Court affirmed the trial court’s judgment, holding that the facts supporting *obfuscation* are the same as those for provocation and threats. Under prevailing jurisprudence (citing the Supreme Court of Spain’s decision of March 7, 1871), these circumstances cannot be treated as separate mitigating factors but must be regarded as one and the same. Thus, no additional reduction of the penalty was warranted. The penalty imposed by the trial court was in accordance with the facts and the law.