G.R. No. L-15478. March 30, 1962. THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. MARIANO TENORIO alias MAGIN, defendant-appellant.
FACTS

On April 5, 1959, during a public peace rally at the plaza of Caoayan, Ilocos Sur, the accused, Mariano Tenorio, stabbed and killed former Governor Maximino Bello. An information for murder was filed, alleging the qualifying circumstance of evident premeditation and the aggravating circumstances of treachery and contempt of public authorities. Upon arraignment, with the assistance of counsel de oficio, Tenorio pleaded guilty but invoked the mitigating circumstance of voluntary surrender. The trial court, after receiving evidence on the surrender, found it involuntary. It ruled he was cornered by two policemen while fleeing inside a fenced tennis court, leaving him no alternative but to submit. The court considered his plea of guilty as offsetting one aggravating circumstance, but with one remaining, it imposed the death penalty.
The prosecution’s evidence showed that after the stabbing, Tenorio ran toward a bamboo fence near the municipal building. He encountered Patrolman Isidro Cadaoas, who had just scaled the fence. At that moment, Tenorio immediately threw away his bolo, raised his hands, and stated, “here is my bolo, I stabbed Atty. Bello.” Patrolman Eduardo Quatchon was behind Tenorio but testified that the accused never looked back during his flight.

ISSUE

Whether the trial court erred in: (1) not appreciating the mitigating circumstance of voluntary surrender; and (2) appreciating the aggravating circumstance of contempt of or insult to public authorities.

RULING

The Supreme Court modified the judgment. On the first issue, the Court held that voluntary surrender was correctly pleaded and proven. The factual finding of the trial court was unsustainable. The evidence established that Tenorio, upon seeing Patrolman Cadaoas (who had not yet drawn his weapon), instantly discarded his bolo, raised his hands, and voluntarily confessed. He did not know Patrolman Quatchon was behind him, as he never looked back during his flight. His direct course toward the municipal building, instead of an open escape route, and his immediate submission without resistance clearly indicated a deliberate intent to surrender to authority. Hence, the mitigating circumstance of voluntary surrender must be credited.
On the second issue, the Court affirmed the presence of the aggravating circumstance of contempt of or insult to public authorities. The crime was committed in a public plaza during an official peace rally, directly opposite the municipal building, and in the presence of several high-ranking public officials seated on a visible stage. The accused’s denial of their presence was untenable. Furthermore, by pleading guilty to the information which specifically alleged this circumstance, he admitted to it.
Consequently, the accused is entitled to two mitigating circumstances: plea of guilty and voluntary surrender. These fully offset the two aggravating circumstances of treachery and contempt of public authorities. Applying Article 64 of the Revised Penal Code, the penalty for murder under Article 248 must be imposed in its medium period. The death sentence is thus reduced to reclusion perpetua.