Case Digest (G.R. No. L-5874)
Facts:
- Deogracias Lasafin, a policeman from Lambunao, was accused of murder in the Court of First Instance of Iloilo.
- He was courting Aurea Carado, who had not made a clear decision regarding his advances.
- On September 11, 1949, Aurea informed Deogracias of her intention to marry Miguel Tabucan.
- In a jealous rage, Deogracias expressed a desire to see both Aurea and Miguel dead rather than married.
- On September 13, 1949, Aurea went to warn Miguel about Deogracias's threats but found him absent.
- While leaving, she encountered Deogracias, who was approaching Miguel's location.
- Witness Angelina Lavente observed Deogracias calling out to Miguel, threatening him, and firing ten shots, hitting Miguel seven times.
- After shooting, Deogracias kicked Miguel and struck him with the butt of his carbine, also threatening Aurea.
- Deogracias claimed self-defense, alleging an unknown person tried to wrestle his carbine from him.
- The trial court found his self-defense claim unconvincing and convicted him of homicide, considering the mitigating circumstance of surrender.
- He was sentenced to an indeterminate penalty of eight years of prison mayor to seventeen years and four months of reclusion temporal, along with a P4,000 indemnity to the victim's heirs.
- Deogracias appealed the decision.
Issue:
- (Unlock)
Ruling:
- The Supreme Court ruled that Deogracias Lasafin was guilty of homicide rather than murder.
- The court affirmed the trial court's application of the mitigating circumstance of surrender.
- The penalty was modifie...(Unlock)
Ratio:
- The Supreme Court found that the evidence established the elements of homicide, not murder, as the qualifying circumstance of evident premeditation was present.
- Deogracias had threatened Miguel days before the incident, indicating a clear intent to commit the crime.
- The act was deemed premeditated, as Deogracias had time to reflect on his actions.
- The self-defense claim was rejected due to a lack of credible evidence...continue reading
Case Digest (G.R. No. L-5874)
Facts:
The case involves Deogracias Lasafin, who was accused of murder in the Court of First Instance of Iloilo. The events leading to the case began when Deogracias, a policeman from Lambunao, was courting Aurea Carado, who had not definitively accepted or rejected his advances. On September 11, 1949, Aurea informed Deogracias that she intended to marry Miguel Tabucan later that month. In a fit of jealousy, Deogracias expressed a desire to see both Aurea and Miguel dead rather than married. On September 13, 1949, Aurea went to warn Miguel about Deogracias's threats, but upon arriving at the house where Miguel was staying, she found him absent. As she was leaving, she encountered Deogracias, who was approaching the house. Aurea hid in the bushes nearby.
Witness Angelina Lavente observed Deogracias at a distance, where he called out to Miguel, ordering him to stretch out his arms, stating, "this is your end. I will kill you," before firing ten shots from his rifle, hitting Miguel seven times. After shooting Miguel, who fell to the ground, Deogracias approached him, kicked him, and struck him with the butt of his carbine. He then threatened to kill Aurea as well. Deogracias later claimed self-defense, alleging that an unknown person had attempted to wrestle the carbine from him, leading him to fire in self-defense. However, the trial court found his testimony unconvincing, noting the absence of corroborating evidence and the lack o...