Facts:

• Case: "People vs. Alburquerque y Sanchez," G.R. No. 38773, decided on December 19, 1933.
• Parties: Gines Alburquerque y Sanchez (appellant) and Manuel Osma (victim).
• Background: Alburquerque, a 55-year-old partially paralyzed widower, was distressed by Osma's relationship with his daughter Pilar, which he felt dishonored his family.
• Incident: Alburquerque confronted Osma at his workplace and stabbed him in the neck with a penknife, resulting in Osma's death.
• Trial Court Decision: Alburquerque was found guilty of homicide, sentenced to eight years and one day of prision mayor, and ordered to indemnify the heirs of the deceased with P1,000.

Issue:

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Ruling:

• The Supreme Court ruled that Alburquerque did not act in legitimate self-defense.
• The court held that Article 49 of the Revised Penal Code was not applicable.
• The court affirmed the trial court's decision but imposed an indeterminate penalty of one y...(Unlock)

Ratio:

• Alburquerque was the aggressor, and evidence showed he did not act in self-defense.
• He intended to wound Osma to compel him to marry or support Pilar, not to kill him.
• The fatal wound was partly due to Alburquerque's lack of control over his right arm c...continue reading