GR L 5874; (February, 1953) (Digest)
G.R. No. L-5874 February 11, 1953
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. DEOGRACIAS LASAFIN, defendant-appellant.
FACTS
Deogracias Lasafin, a policeman, was convicted of homicide by the Court of First Instance of Iloilo for killing Miguel Tabucan. The prosecution evidence established that Lasafin had been courting Aurea Carado. On September 11, 1949, upon learning Aurea would marry Miguel Tabucan that month, Lasafin threatened that he would rather see both dead than married. On the afternoon of September 13, Aurea went to warn Miguel at Angelina Lavente’s house but did not find him. While returning, she saw Lasafin approaching the house and hid. Angelina Lavente witnessed Lasafin, from higher ground, order Miguel (who was in a depression) to stretch out his arms, declare “this is your end. I will kill you,” and then fire ten shots, inflicting seven wounds. After Miguel fell, Lasafin approached, kicked him, struck him with the carbine’s butt, removed his shirt, and left, shouting threats to also kill Aurea. The accused claimed self-defense, testifying that an unknown person (later found to be Miguel) tried to wrest his carbine, leading to a struggle and the shooting. The trial court rejected this defense due to lack of corroboration and the absence of motive for Miguel to attack, while Lasafin had a clear motive as a jealous rival.
ISSUE
Whether the trial court correctly convicted the accused and whether the qualifying and mitigating circumstances were properly appreciated.
RULING
The Supreme Court modified the trial court’s judgment. It found that the qualifying circumstance of evident premeditation was present, as the threat was made on September 11 and the killing was carried out on September 13, giving the accused time for meditation. The generic aggravating circumstance of treachery was also present, as the victim was ordered to raise his arms and was shot without risk to the assailant. However, treachery was offset by the mitigating circumstance of voluntary surrender to the authorities. Consequently, the penalty was modified from that for homicide to reclusion perpetua for murder, and the indemnity was increased to six thousand pesos (P6,000).