GR 36015; (August, 1932) (Digest)
G.R. No. 36015 ; August 25, 1932
THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee, vs. VALERIANO NARIO, defendant-appellant.
FACTS
The accused, Valeriano Nario, was charged with homicide for attacking and killing Evaristo Amarilla with a bolo on October 4, 1930, in Dulag, Leyte. The incident stemmed from a dispute during a card game (“junkian”) the previous day, where the deceased, after winning, refused to continue playing, angering the accused. The next day, the accused confronted and challenged the deceased at the house of the deceased’s mother-in-law, then attacked him, inflicting seven wounds, two of which were mortal. The accused claimed self-defense, which the evidence refuted.
ISSUE
Whether the trial court erred in finding the accused guilty of homicide.
RULING
No. The Supreme Court affirmed the conviction but modified the penalty. The evidence fully sustained the trial court’s finding of guilt, rejecting the claim of self-defense. However, the Court corrected the mitigating circumstances applied. The mitigating circumstance of obfuscation was not applicable as the provoking incident (the card game) occurred a day before the killing. Instead, the mitigating circumstance of voluntary surrender was properly applicable under the Revised Penal Code. With two mitigating circumstances (lack of instruction and voluntary surrender) and no aggravating circumstances, the penalty was reduced by one degree. The accused was sentenced to eight years and one day of prision mayor, with accessory penalties, an indemnity of P1,000 to the heirs of the deceased, and costs.
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