G.R. No. 38773 December 19, 1933
PEOPLE OF THE PHILIPPINE ISLANDS vs. GINES ALBURQUERQUE Y SANCHEZ

FACTS

The appellant, Gines Alburquerque, a partially paralyzed widower, was charged with homicide for killing Manuel Osma. Osma had an intimate relationship with Alburquerque’s daughter, Pilar, resulting in the birth of a child. Alburquerque, distressed by the dishonor and the added financial burden on his family, repeatedly urged Osma to marry Pilar or support the child, but Osma failed to comply. During a confrontation at Osma’s workplace, Alburquerque proposed marriage, which Osma refused. Alburquerque then drew a penknife, and when Osma tried to seize him, Alburquerque stabbed him, inflicting a fatal wound at the base of the neck. Alburquerque testified he only intended to wound Osma on the face to force compliance, not to kill him, and that the fatal blow landed due to his lack of arm control from paralysis.

ISSUE

Whether the trial court correctly convicted Alburquerque of homicide and properly considered the mitigating circumstances.

RULING

Yes, the conviction for homicide is affirmed. The court found that Alburquerque did not intend to kill Osma, only to inflict a non-fatal wound. The fatal result was due to his paralysis affecting his aim. The mitigating circumstances of (1) lack of intent to commit so grave a wrong, (2) voluntary surrender, and (3) passion and obfuscation were properly appreciated. No aggravating circumstances were present. The penalty was reduced by one degree to prision mayor under Article 64 of the Revised Penal Code. The claim of self-defense was rejected as Alburquerque provoked the aggression. Article 49 (on mistake in identity of victim) was deemed inapplicable. Applying the Indeterminate Sentence Law, the court imposed an indeterminate penalty of one year of prision correccional to eight years and one day of prision mayor.

AI Generated by Armztrong.