Facts:

• Alfredo Neri, the accused-appellant, was convicted of homicide by the Court of First Instance of Negros Occidental.
• The incident occurred on October 4, 1945, in Jalangdon, Bacolod City.
• Neri owed the deceased, Eugenio Bojeris, P2.50.
• Enrica Soliman, Eugenio's wife, went to Neri's house to collect the debt, leading to a heated argument.
• Enrica sarcastically offered the money as alms, angering Neri, who then threatened her and asked her to call her husband.
• Eugenio, overhearing the commotion, came to his wife's aid with a stick but was restrained by his grandson, Francisco Bojeris.
• Later that night, Neri, after working late and consuming two glasses of tuba, went to Eugenio's house and challenged him to a fight.
• Eugenio came out with a lamp and a stick, and a fight ensued.
• Neri, being stronger and younger, overpowered Eugenio.
• Despite efforts by Felix Ibanez and Filomeno Cervantes to intervene, Eugenio was severely injured and later died in the hospital from hemorrhage caused by bolo wounds.
• Neri claimed self-defense, stating he inflicted the wounds while parrying blows from Eugenio.
• The court found Neri's claim unconvincing, noting he was the aggressor who provoked the fight.
• The court considered the aggravating circumstance of nocturnity but acknowledged two mitigating circumstances: lack of intent to cause severe harm and intoxication.
• Neri was sentenced to an indeterminate penalty of 6 years and 1 day of prision mayor to 12 years and 1 day of reclusion temporal, along with indemnification of P2,000 to Eugenio's heirs and payment of court costs.

Issue:

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Ruling:

1. The court ruled that Alfredo Neri did not act in legitimate self-defense.
2. The conviction of Alfredo Neri for homicide was upheld, with a modification in the penalty to an indeterminate sentence o...(Unlock)

Ratio:

• The court found Neri's claim of self-defense implausible.
• It was deemed unlikely that Eugenio, an elderly man, would ambush Neri with a lamp, which would have hindered his ability to launch a surprise attack.
• The testimonies of Enrica Soliman and Felix Ibanez s...continue reading