Facts:

• Felipe Yturriaga, the municipal mayor of Robon, Samar, conducted a raid on a gambling house on August 3, 1947.
• During the raid, the gamblers fled except for one individual whom Yturriaga caught.
• As Yturriaga left the gambling house, he encountered his political rival, Jose Balite, and Balite's 12-year-old daughter.
• Yturriaga shot and killed Balite with a pistol or revolver.
• The Court of First Instance of Samar charged Yturriaga with murder, citing evident premeditation and abuse of his position as mayor as aggravating circumstances.
• Yturriaga pleaded guilty but contested the aggravating circumstances and invoked mitigating circumstances of plea of guilty, drunkenness, and voluntary surrender.
• The lower court initially sentenced him to reclusion perpetua and ordered him to indemnify Balite’s heirs with P4,000.
• Yturriaga's counsel filed a motion for reconsideration, leading to a change in plea to not guilty and a subsequent trial.
• The trial court found him guilty, and the case was appealed, focusing on the presence or absence of modifying circumstances.

Issue:

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Ruling:

• The court ruled that the aggravating circumstance of evident premeditation was not satisfactorily established.
• The court found that the defendant did not take advantage of his official position in committing the crime.
• The court acknowle...(Unlock)

Ratio:

• The Supreme Court determined that the aggravating circumstance of evident premeditation was not evident in this case.
• The alleged threat made by Yturriaga six months prior to the killing was considered insufficient to prove premeditation.
• The court reasoned that Yturriaga's impulsive nature and the lack of evidence showing persistence in his plan to kill Balite negated the claim of premeditation.
• The court found no evidence that Yturriaga used his position as mayor to facilitate th...continue reading