Facts:

The case involves Felipe Yturriaga, the appellant, who was charged with murder in the Court of First Instance of Samar. The incident occurred on August 3, 1947, when Yturriaga, who was the municipal mayor of Bobon, Samar, raided a house suspected of hosting a game of monte. During this raid, he encountered Jose Balite, a political rival, and shot him dead. The prosecution alleged two aggravating circumstances: evident premeditation and taking advantage of his position as mayor. Yturriaga initially pleaded guilty to the charge, except for the aggravating circumstances. He also invoked mitigating circumstances, including his plea of guilty, drunkenness, and voluntary surrender. The trial court accepted his plea of guilty and found him guilty of murder, imposing a sentence of reclusion perpetua, civil interdiction for life, and an indemnity of P4,000 to Balite's heirs. Dissatisfied with the ruling, Yturriaga's counsel filed a motion for reconsideration, which led to the ...

Facts:

Background of the Case

• The appellant, Felipe Yturriaga, was the municipal mayor of Bobon, Samar.
• He was charged with murder, with two alleged aggravating circumstances: evident premeditation and taking advantage of his official position as mayor.
• The victim, Jose Balite, was a political rival and former mayoral candidate.

Incident Details

• On August 3, 1947, Yturriaga, accompanied by a policeman, raided a house where a game of monte (a gambling activity) was being played.
• Upon seeing Yturriaga, the gamblers fled, except for one individual whom Yturriaga caught.
• As Yturriaga exited the gambling house, he encountered Jose Balite walking with his 12-year-old daughter.
• Yturriaga shot and killed Balite treacherously, as defined under the Revised Penal Code.

Plea and Trial Proceedings

• Yturriaga initially pleaded guilty but contested the aggravating circumstances of evident premeditation and abuse of official position.
• He invoked mitigating circumstances: plea of guilty, drunkenness, and voluntary surrender.
• The trial court accepted his plea of guilty but found evident premeditation as an aggravating circumstance.
• Yturriaga was sentenced to reclusion perpetua, civil interdiction for life, perpetual absolute disqualification, and ordered to pay P4,000 in indemnity to Balite's heirs.

Motion for Reconsideration

• Yturriaga’s counsel filed a motion for reconsideration, arguing that the voluntary surrender should be considered as a mitigating circumstance.
• The trial court allowed Yturriaga to change his plea to "not guilty" and set the case for trial on the merits.

Second Arraignment and Trial

• During the second arraignment, Yturriaga pleaded guilty to the charge but contested the aggravating circumstance of evident premeditation.
• The trial court denied Yturriaga’s request to exclude the aggravating circumstance of abuse of official position from his plea.

Issue:

• (Unlock)

Ruling:

• (Unlock)

Ratio:

1. Evident Premeditation: To establish evident premeditation, there must be clear evidence of a deliberate and persistent plan to commit the crime. The alleged threat made six months prior was insufficient, as there was no proof of a continued determination to kill Balite.
2. Abuse of Official Position: For this aggravating circumstance to apply, the accused must have used their official position to facilitate the crime. Yturriaga’s position as mayor did not play a role in the commission of the murder.
3. Mitigating Circumstances:
   • Plea of Guilty: Even though Yturriaga’s plea was qualified, it still constituted a voluntary confession of guilt.
   • Voluntary Surrender: Yturriaga’s surrender to the Philippine Constabulary satisfied the requirements for this mitigating circumstance.
4. Penalty Reduction: Under Article 64(5) of the Revised Penal Code, the presence of two mitigating circumstances without any aggravating circumstances entitles the accused to a reduction of the penalty by one degree.

Modified Judgment

• The Supreme Court modified the trial court’s judgment, sentencing Yturriaga to eight years and one day of prision mayor (minimum) to 14 years, eight months, and one day of reclusion temporal (maximum).
• Yturriaga was also ordered to pay the heirs of Jose Balite an indemnity of P6,000 and the costs of the action.