G.R. No. L-15478 - People vs. Tenorio

On April 5, 1959, during a peace rally held in the tennis court of the plaza in Caoayan, Ilocos Sur, an altercation occurred resulting in the stabbing of attorney Maximino Bello, a former governor of Ilocos Sur, by Mariano Tenorio alias Magin, a 23-year-old fisherman.
The stabbing, executed with a 10-inch pointed bolo, created a chest wound from which the victim eventually died.
The incident took place amidst a public gathering where numerous citizens and public authorities were present, including officials seated on an elevated stage opposite the municipal building.

On the day of the incident, Chief of Police Leopoldo Pascua filed a complaint in the Justice of the Peace Court alleging murder against the defendant (crim. case No. 530).
The accused waived his right to a preliminary investigation in writing on April 10, 1959, indicating his preparedness to enter a plea before the Court of First Instance.
Subsequently, on April 15, 1959, the provincial fiscal filed an information charging the defendant with murder under Article 248 of the Revised Penal Code, emphasizing evident premeditation with two aggravating factors: treachery and contempt of or insult to public authorities (crim. case No. 3598).
The defendant appeared on April 16, 1959, for arraignment without a lawyer and was thus provided with counsel de oficio, attorney Loreto Roldan, after expressing his wish to be assisted.
During the arraignment, following a thorough explanation of the gravity of the charges and the potential penalty, the defendant pleaded guilty while also requesting that his act of voluntary surrender be considered as a mitigating circumstance.

On April 20, 1959, after a trial-like hearing, the Court examined evidence regarding the defendant’s claim of voluntary surrender.
Detailed testimony revealed that after stabbing the victim, the defendant ran toward the west between rows of benches and then northward toward the bamboo fence near the municipal building.
Upon nearing the northern corner of the fence, he encountered patrolman Isidro Cadaoas; at that moment, he discarded his bolo, raised his hands, and voluntarily identified himself by stating, “here is my bolo, I stabbed Atty. Bello.”
Contradictory assertions by the prosecution suggested that the defendant was “cornered” by two policemen—one chasing from behind and another face-to-face—which supposedly negated the claim of voluntary surrender.
However, witness testimonies clarified that while patrolman Eduardo Quatchon was in pursuit, the defendant did not turn back to look, thereby undermining the claim that he was aware of being chased, which in turn supported his voluntary act of surrender.
Additionally, alternative escape routes were available, such as the southeast opening of the fence, thereby reinforcing the inference that his decision to head toward the municipal building was an act of surrender rather than a flight to escape.

Whether the defendant’s actions, including discarding the weapon and raising his hands, constituted a voluntary surrender.
If the circumstances of his run and subsequent behavior genuinely demonstrated an intent to submit to the authorities.

Whether the crime was committed with aggravating circumstances such as treachery and the offense being committed in contempt of or with insult to public authorities.
How the presence of public officials and the nature of the event (i.e., a public peace rally) influenced the qualification of the crime under Article 248 of the Revised Penal Code.

To what extent the plea of guilty and the evidence of voluntary surrender should mitigate the penalty.
Whether these mitigating factors were sufficient to warrant a penalty different from the maximum prescribed by law.