Title
People vs. Coricor
Case
G.R. No. 48768
Decision Date
Dec 4, 1947
Cirilo Coricor killed Pedro Lego after allegedly catching him with his wife; Supreme Court applied Article 247, reducing penalty to banishment and P2,000 indemnity.
A

Case Summary (G.R. No. 48768)

Procedural History

Cirilo Coricor was sentenced to reclusion perpetua and ordered to indemnify the heirs of Pedro Lego in the sum of P2,000. The defendant appealed the decision, contesting the facts and the lower court's findings.

Evidence Presented

The prosecution's case included testimonies from six witnesses, key among them being Dr. Gregorio Penalosa, who conducted the post-mortem examination on Pedro Lego. Dr. Penalosa confirmed that the fatal wounds sustained by the victim were caused by a bolo, a pointed cutting instrument. Catalina Regis, the victim's wife, provided crucial testimonies regarding the events leading up to and during the attack. She stated that Cirilo, who was related to her husband, invited them to his house, where he eventually attacked Pedro Lego.

Incident Description

Catalina testified that Cirilo initially invited her and her husband to his house for drinks, but after some time, and following a series of events that indicated Cirilo's growing impatience, he suddenly attacked Pedro while he was drinking. Witnesses described a struggle between Cirilo and Pedro, during which Catalina attempted to intervene and was subsequently injured herself.

Accused's Defense

Cirilo Coricor contended that he killed Pedro Lego after catching him in the act of sexual intercourse with his wife. He claimed that upon seeing this, he was overwhelmed by rage and acted out of passion. His defense was primarily predicated on a supposed provocation as he argued that his actions were justifiable given the circumstances.

Assessment of Credibility

The court assessed the credibility of the testimonies provided by both parties. The testimony of the prosecution witnesses was deemed more coherent and plausible compared to that of the accused. The court highlighted inconsistencies in Cirilo's account, noting that he had previously expressed his awareness of Pedro Lego's relations with his wife, which diminished the plausibility of his claim that he was merely inviting them to offer advice.

Legal Principles Involved

The decision referenced Article 247 of the Revised Penal Code, which pertains to acts committed under exceptional circumstances. This article provides a legal framework for considering acts of passion, specifically in cases of discovering a spouse in the act of infidelity. The court indicated that while it agreed with the application of this article, it also expressed discomfort with its underlying philosophy, suggesting it was outdated and potentially unjust.

Final Ruling

The appellate court ultimately found that Cirilo Coricor's actions fell under the provisions of Article 247, resulting in a reduction of penalty from reclusion perpetua to a sentence of two years, four months, and one day of banishment. He was also ordered to in

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