Title
U.S. vs. Ampar
Case
G.R. No. L-12883
Decision Date
Nov 26, 1917
A 70-year-old man, insulted during a fiesta, killed the provoker with an ax; court upheld his reduced sentence, citing immediate vindication of a perceived grave offense.

Case Summary (G.R. No. L-71171)

Facts of the Case

Clemente Ampar approached Modesto Patobo, requesting some roast pig. Patobo's response was derogatory, suggesting that Ampar deserved to be treated as roast pig himself. This provocation led Ampar to feel insulted. Later, while Patobo was squatting, Ampar struck him with an ax, resulting in Patobo's death the following day.

Credibility of Witnesses

The trial court’s decision primarily hinged on the credibility of the witnesses. The Supreme Court upheld the trial court's findings, emphasizing that it should not interfere with the assessment of witness credibility established during the trial proceedings.

Qualifying Circumstance and Mitigating Factors

In determining the appropriate penalty, the trial court considered the qualifying circumstance of alevosia (treachery) because Ampar attacked Patobo from behind. However, the court also acknowledged the presence of a mitigating circumstance, stating that the act was committed in immediate vindication of a grave offense.

Legal Interpretation and Application

The interpretation of whether Patobo's words constituted a “grave offense” proved challenging. Legal precedents from the Supreme Court of Spain provided some guidance but did not directly address the specifics of the current case. Previous decisions indicated that insults could be deemed insufficient for such a classification, while others recognized more severe words as grave offenses.

Contextual Justification of Mitigating Circumstance

Even though the insult might appear trivial to the average person, it was substantial to Ampar as an elderly man feeling humiliated in front of peers. This context justified the trial court's decision to grant Ampar the benefit of a mitigating circumstance.

Verdict and Sentencing

As a result of this reasoning, the trial court's decision to impose the minimum penalty for murder—seventeen years, four months, and one day of cadena temporal—was affirmed. Additionally, Ampar was ordered to indemnify Patobo's heirs with one thousand

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