Valenton, Francis Angelo T.

Criminal Law 2

1S

People vs. Coricor (G.R. No.L-48768)

Facts: The plaintiff-appellee is the People of the Philippines. The defendant-appellant is Cirilo
Coricor. In the case at bar, the witness Catalina Regis was wither husband in Alangalang to
attend novena. Later on the herein defendant Coricor went to the place. The defendant told
Pedro that “before you return to Jaro, please pass by our house to give advice to my wife,
because she does not mind me, does not obey me.” When Pedro visited Coricor’s house, both of
them drank tuba. Later on, Coricor took a bolo and he used it to cut a piece of roast pig. While
drinking, the herein defendant suddenly stabbed Pedro in the abdomen. The defendant was then
about to stab the witness Regis, but was able to took hold of the bolo and escaped. The trial court
held the defendant liable for murder.

Issue: Is the defendant guilty of murder.

Held: The Supreme Court said that the testimony of the witness cannot be appreciated. The
Supreme Court said that the exceptional circumstance as provided by Article 247 cam be
appreciated. The herein defendant merely attacked the deceased for his infidelity. Thus, the
defendant is within the purview of Article 247 to be exempted from the killing of the deceased
Pedro. Thus, convicting him only for 2 years, 4 months and 1 day of banishment or destiero.