GR 48101; (November, 1941) (Digest)
G.R. No. L-48101; November 22, 1941
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. VICENTE NABORA, defendant-appellant.
FACTS
On the night of December 3, 1940, the accused Vicente Nabora was walking along the new Luneta when he was met by the deceased Domingo de Vera near the flagpole. The deceased pointed his finger at the accused, asked him what he was doing there, and stated, “Don’t you know we are watching for honeymooners here?” Provoked by this attitude, the accused drew his knife and stabbed the deceased on the abdomen and other parts of the body, causing instant death. An information for homicide was filed, alleging the accused was a recidivist, having been previously convicted three times of physical injuries and punished once for robbery, three times for theft, and twice for illegal possession of a deadly weapon. The defendant pleaded guilty and was allowed to testify on mitigating circumstances. The trial court sentenced him to an indeterminate penalty of 10 years and 1 day of prision mayor to 17 years, 4 months, and 1 day of reclusion temporal, plus an indemnity of P2,000 to the heirs.
ISSUE
Whether the trial court correctly considered the mitigating and aggravating circumstances in imposing the penalty.
RULING
The Supreme Court affirmed the judgment with a modification to the penalty. By pleading guilty, the defendant admitted the aggravating circumstances of recidivism and reiteracion. He is entitled to one mitigating circumstance—voluntary plea of guilty. However, his claim for another mitigating circumstance of sufficient provocation by the deceased is not sustained. The provocation must be “sufficient” and proportionate to the gravity of the wrong. The acts of the deceased (pointing a finger and uttering the question) did not constitute adequate cause for the accused to draw a knife and kill him. Accordingly, the appellant is sentenced to an indeterminate penalty of not less than 10 years and 1 day of prision mayor and not more than 18 years of reclusion temporal. The judgment is affirmed in all other respects.