Case Digest (G.R. No. L-28273)
Facts:
People of the Philippines v. Sofronio Amoto, G.R. No. L-28273, January 18, 1982, Supreme Court En Banc, Fernandez, J., writing for the Court.The accused-appellant is Sofronio Amoto; the plaintiff-appellee is the People of the Philippines. An information dated November 4, 1965 charged Amoto with murder under Art. 248 of the Revised Penal Code, alleging that on October 11, 1965 he stabbed Milagros Pagalan with a pair of scissors causing her death. Amoto pled not guilty when arraigned on May 3, 1967.
At trial witnesses placed Milagros in the house extension of Amoto's dwelling on the morning of October 11, 1965; she was later seen covering her breasts and bleeding and was assisted by a neighbor toward the street. Police Patrolman Wilfredo Aparre questioned the wounded Milagros, who reportedly said, “I was raped and stabbed by Daddy,” and the accused was arrested about noon the same day. Dr. Angeluz R. Tupaz performed an autopsy (Exh. H) describing multiple stab wounds to the chest and neck, hemorrhage and hemothorax, and listed cause of death as shock and severe internal hemorrhage secondary to stab wounds; genital examination showed old hymenal lacerations and whitish vaginal secretion.
At the police station Amoto initially gave a sworn statement (Oct. 11, 1965) admitting he stabbed Milagros about six times after drinking because she “demurred” when he told her to behave. Subsequently (Oct. 14, 1965) he signed another statement denying the earlier motive and related a story that the stabbing occurred during or immediately after sexual intercourse when Milagros shouted for help and he “forgot himself” and stabbed her repeatedly with a pair of scissors.
The Court of First Instance of Agusan, Branch II, in Criminal Case No. 3168, convicted Amoto of murder and, finding no mitigating circumstances to offset the aggravating circumstance of abuse of superior strength, sentenced him to death by electrocution, ordered indemnity of P12,000 to the heirs, and confiscation of the scissors; the trial court decision was promulgated on September 18, 1967.
The case came to the Supreme Court by automatic review (the decision states "This is an automatic review"), where Amoto challenged the conviction and sentence arguing (1) the trial court erred in failing to apply mitigating circumstances under Art. ...(Pro-only)
Issues:
- Was the conviction for murder proper, or did the facts support only homicide?
- Were the mitigating circumstances of lack of intention to commit so grave a wrong (Art. 13, Sec. 3) and voluntary surrender (Art. 13, Sec. 7) present and applicable to lessen criminal liability?
- Did the trial court properly apply aggravating circumstances (abuse of superior strength and/or treachery) to justify imposition of the death penal...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)