G.R. No. 38183 ; October 27, 1933
THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee, vs. GABRIEL PAMAN, defendant-appellant.

FACTS

The appellant, Gabriel Paman, was convicted of murder by the Court of First Instance of Bohol for killing Faustino Piquit and sentenced to reclusion temporal. The prosecution alleged the killing was deliberate. The defense evidence showed that the deceased had a violent character, had persistently tried to seduce the appellant’s wife, threatened to poison the appellant, and insulted and threatened him days before the incident. On July 12, 1932, the appellant and the deceased encountered each other in a pool-hall. Conflicting testimony existed as to who struck first—the appellant claimed the deceased attacked him with a billiard cue, while a witness stated the appellant first struck the deceased with a bolo. The deceased died from a stab wound inflicted during the altercation.

ISSUE

Whether the trial court erred in convicting the appellant of murder, specifically in finding that the qualifying circumstances of treachery (alevosia) and evident premeditation (premeditacion conocida) were present, and in not appreciating self-defense or mitigating circumstances.

RULING

The Supreme Court modified the conviction. It held that the qualifying circumstances of treachery and evident premeditation were not proven beyond reasonable doubt. Thus, the crime committed was homicide, not murder. The Court found the appellant was the aggressor but appreciated two mitigating circumstances in his favor: (1) immediate provocation or threats by the deceased, and (2) vindication of a grave offense against the appellant and his wife. Applying the Revised Penal Code, the penalty for homicide (reclusion temporal) was reduced by two degrees due to the mitigating circumstances, resulting in prision mayor. The appellant was sentenced to six years and one day of prision mayor. The judgment was affirmed as modified.

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