GR 42128; (December, 1935) (Digest)
G.R. No. 42128 and 42129, December 19, 1935
THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee, vs. VICENTE CO ARQUIZA, defendant-appellant.
FACTS
The appellant, Vicente Co Arquiza, was convicted in two criminal cases by the Court of First Instance of Occidental Misamis. In case No. 817, he was found guilty of homicide for killing Irineo Clarete, with the mitigating circumstances of obfuscation and voluntary surrender. In case No. 818, he was found guilty of discharge of firearm with serious physical injuries against Lorenzo Enerio. The cases arose from the same incident where appellant admitted firing the shot that caused Clarete’s death and wounded Enerio. His defense was that he acted in self-defense, claiming he was assaulted by Clarete and his men, but the trial court rejected this claim.
ISSUE
Whether the appellant acted in self-defense, and what is the proper penalty to be imposed considering the mitigating circumstances.
RULING
The Supreme Court affirmed the conviction but modified the penalties. It upheld the trial court’s finding that the appellant did not act in self-defense. However, it disagreed on the appreciation of mitigating circumstances. For the homicide charge (case No. 817), the Court held that the mitigating circumstance of provocation (not obfuscation) should be appreciated, in addition to voluntary surrender. Applying the Indeterminate Sentence Law, the penalty was reduced to not less than two years of prision correccional and not more than eight years and one day of prision mayor. For the discharge of firearm charge (case No. 818), the Court reclassified the offense as discharge of firearm with less serious physical injuries (as the wounds required medical attendance for 10-15 days). Applying Article 48 of the Revised Penal Code (on complex crimes) and the same two mitigating circumstances, the penalty was reduced to not less than six months and one day and not more than one year, eight months and twenty-one days of prision correccional under the Indeterminate Sentence Law. The judgment was affirmed with modifications.
AI Generated by Armztrong.