GR L 4402; (February, 1908) (Digest)
G.R. No. L-4402
THE UNITED STATES, plaintiff-appellee, vs. FELIX YAPE AND ANDRES ALDE, defendants-appellants.
February 21, 1908
FACTS:
Felix Yape and Andres Alde were charged with the crime of homicide for the death of Marcelino Guira. The incident occurred after a drinking session where Yape and Alde, being intoxicated, tried to force Guira to sing. When Guira attempted to leave, Yape struggled with him, disarmed him of his bolo, and then struck him three times on the head with a club. Guira died twenty days later from these injuries.
The Court of First Instance of Samar acquitted Alde for insufficiency of evidence but found Yape guilty of homicide. The court noted that Yape was intoxicated at the time of the commission of the crime and sentenced him to twelve years and one day of reclusion temporal, to indemnify the heirs of the deceased in the sum of P1,000, and to suffer accessory penalties. Yape appealed the judgment. The Attorney-General, in his brief, claimed the application of mitigating circumstances for Yape, specifically non-habitual intoxication and lack of intention to commit so grave a wrong.
ISSUE:
Is Felix Yape entitled to the mitigating circumstances of non-habitual intoxication and lack of intent to kill, thereby warranting a modification of his sentence?
RULING:
Yes. The Supreme Court affirmed the factual findings of the lower court. However, adopting the recommendation of the Attorney-General, the Court found that Felix Yape was entitled to two mitigating circumstances under Article 9 of the Penal Code: (1) non-habitual intoxication (paragraph 3), and (2) lack of intention to commit so grave a wrong (paragraph 6). The Court noted that Yape’s intoxication was not habitual. The lack of intent to kill was evidenced by his act of discarding the bolo after disarming the deceased and picking up a club instead, as well as his immediate surrender to authorities.
Consequently, in accordance with paragraph 5 of Article 81 of the Penal Code, the Court modified Yape’s sentence. He was sentenced to eight years and one day of prision correccional, to indemnify the heirs of the deceased in the sum of P1,000, and to suffer the accessory penalties provided for in Article 58 of the Penal Code.