Case Summary (G.R. No. L-271)

Background of the Case

• Alfredo Neri was convicted of homicide by the Court of First Instance of Negros Occidental.
• He was sentenced to an indeterminate prison term of 6 years and 1 day to 12 years, along with a P2,000 indemnity to the heirs of the deceased, Eugenio Bojeris.
• The incident occurred on October 4, 1945, following a dispute over a debt of P2.50 owed by Neri to Bojeris.

Sequence of Events Leading to the Altercation

• Enrica Soliman, the wife of Eugenio Bojeris, visited Neri to collect the debt, leading to a heated argument.
• Neri expressed his frustration, stating he would retaliate if Bojeris were present.
• Eugenio, upon hearing the confrontation, came to his wife's aid, armed with a stick, but a physical confrontation was initially avoided.

The Fatal Encounter

• Later that night, Neri returned home after work and confronted Eugenio at his residence, challenging him to a fight.
• Eugenio emerged with a lamp and a stick, leading to a physical altercation where Neri used a bolo to inflict injuries on Eugenio.
• Despite attempts by bystanders to separate them, Eugenio sustained fatal injuries and died shortly after at the hospital.

Defense Argument

• Neri claimed he acted in self-defense, asserting that he was attacked first by Eugenio with the lamp.
• He presented medical evidence of his own injuries to support his claim of having defended himself against Eugenio's aggression.

Evaluation of Credibility

• The court found Neri's self-defense claim implausible, questioning why Eugenio would confront him at night with a lamp if he intended to ambush him.
• Testimonies from witnesses, including Enrica and Felix Ibanez, contradicted Neri's version, indicating that he initiated the confrontation.

Analysis of Provocation and Responsibility

• The court determined that Neri was the provocateur, as he challenged Eugenio to a fight, which led to the fatal encounter.
• The court noted that even if Eugenio had a violent temperament, it did not absolve Neri of responsibility for the resulting homicide.

Sentencing Considerations

• The court acknowledged the aggravating circumstance of the nighttime confrontation but also recognized mitigating factors, such as Neri's lack of intent to cause severe harm and his state of intoxication.
• Ultimately, the court imposed a reduced sentence of 6 ...continue reading