G.R. No. L-14110; March 29, 1963
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. JOSEFINA N. SAMSON, defendant-appellant.

FACTS

Josefina N. Samson was charged with parricide for shooting her husband, Jose V. Samson, with a carbine on October 13, 1954, in Libon, Albay. The prosecution evidence established that while the deceased was standing on his house’s stairway, the appellant, positioned behind him, fired the fatal shots. She subsequently surrendered to the police, reported the shooting, and led them to the scene where the body and firearm were recovered. The medical certificate detailed gunshot wounds as the cause of death. The defense presented a contrasting narrative, alleging a history of maltreatment by the deceased. On the morning of the incident, an altercation ensued over coffee, escalating to physical violence where the husband allegedly grabbed and threatened the appellant. A struggle for the carbine ensued, during which the gun accidentally discharged, resulting in the husband’s death.

ISSUE

The primary issue is whether the appellant is guilty of parricide and, if so, what are the proper penalties and civil liabilities considering the attendant circumstances.

RULING

The Supreme Court affirmed the conviction for parricide but modified the penalty. The Court rejected the defense of accidental shooting, finding the appellant’s account inconsistent with the physical evidence, particularly the trajectory of the fatal bullet wound entering the back of the neck, which contradicted a claim of a face-to-face struggle. The killing was thus deemed intentional. However, the Court agreed with the trial court’s findings that the qualifying circumstances of evident premeditation and treachery were not proven. The couple’s reconciliatory behavior the day before, including dining together and sharing a bed, negated any preconceived plan to kill. The immediate altercation over coffee, which quickly subsided before resuming, indicated the act was spontaneous, arising from powerful passion or obfuscation, constituting a mitigating circumstance. This, coupled with the mitigating circumstance of voluntary surrender and the absence of aggravating circumstances, warranted the imposition of the minimum penalty. The Court thus modified the penalty from reclusion perpetua to an indeterminate sentence of ten years and one day of prision mayor to seventeen years, four months, and one day of reclusion temporal. The civil indemnity was affirmed.