GR 42782; (October, 1935) (Digest)
G.R. No. 42782; October 31, 1935
THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee, vs. ARNULFO QUESADA, defendant-appellant.
FACTS
The appellant, Arnulfo Quesada, killed Maria Paz Nuval (Pacita). He was a close family friend. On the afternoon of the incident, Quesada visited Pacita’s house. After asking her younger brother to buy cigarettes, he whispered to Pacita. Fearing his intentions, Pacita attempted to leave the house under a pretext. As she descended the stairs, Quesada grabbed her and stabbed her in the chest with a fan knife, piercing her heart. He then stabbed himself. The trial court rejected Quesada’s defense that he was provoked by Pacita’s insults after he informed her of a broken engagement, finding his testimony uncorroborated and improbable.
ISSUE
Whether the crime committed was murder or homicide, and what modifying circumstances should be appreciated.
RULING
The crime is murder, qualified by taking advantage of superior strength. The appellant, a robust middle-aged man armed with a deadly weapon, attacked the unarmed and defenseless young woman, who was unable to repel the attack or escape. The trial court correctly appreciated the aggravating circumstance of dwelling and the mitigating circumstance of voluntary surrender. The mitigating circumstances of obfuscation, lack of intention to commit so grave a wrong, and voluntary confession of guilt were not present. The appellant’s offer to plead guilty to homicide, not murder, does not constitute a mitigating circumstance. The judgment convicting him of murder and sentencing him to life imprisonment is affirmed.
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