654 SUPREME COURT REPORTS ANNOTATED People ve. Contante {a tate ihe, the atv woah wiih be wal Gear asses to the taunt oad Wiles st wet sets and cee ncnsct wih the dec ot Sec Suma: Sufcincy of eiremstanl evidser to justly & serif gut pend reso abe —“atuph need ‘iia Sen forelatednf the gtnity of crema {Silence which wil nts Yor any tefl a at Fouled [APPEAL from a decision of the Court of First Instance of Camarines Sur. ‘The facts are stated in the opinion of the Court Solicitor General for pinttt-appllee, Pedro M. Joven for defendant-appellant Px Comat ghia fom a dso of the Court of Fist instanceof smarines Sur finding the herein appellant guilty as charg. fof the erime of murder and sentencing him therefor to suffer the capital punishment, In the evening of June 26, 1952, shortly after partaking of his supper with his wife, Anstolio Adayo was shot to death in his own house in Panagen, Mabaludbalud, Tigaon, Camarines Sur. Upon investigation by the local police suthoritie, a criminal complaint for murder was filed with the Justice of the Peace Court of Tigaon against Tomas Garehitorena and the herein appellant, Julio Contante, At the termination of the preliminary investigation, Tomas Garehitorens was discharged from the complaint for in- sufficiency of evidence and the ease was forwarded to the (Court of First Instance of Camarines Sur as tothe other cused, Jullo Contante, On the remand, the Provincial Fiscal forthwith filed the corresponding information for murder, alleging as qualify ing cireumstances evident premeditation and treachery and the aggravating circumstance of nighttime. ‘VOL. 12, DECEMBER 28, 1964 655 Cantante People ‘At the trial, the ease for the State was presented as follows: Some four months prior to the killing, Anatolio Adayo chanced upon his wife, Luz Rodriguer, in the act of adultery with Tomas Garchitorena, a prominent lawyer and abaea plantation owner of Tiguon, Camarines Sur. Naturally, the Aggrieved husband reacted violently to the scene, although before he could lay his hands on Garchitorena, the latter ‘had van and excaped, at Anatoio's indignation. However, “Anatlio was able to get hold of his wife whom he then pummeled with fist blows. In the days that followed, Anatolio and his wife lived ander a most strained relationship. As Luz herself test fied, she “wras punished” and "not treated well” After bout four days, however, and upon her entreaty, Ana- talio forgave her, tok her bac!: and treated her once more as his site, ‘A week after Las was forgiven, Tomas Garchitorena re turned tothe house of the Adayes while Anatoli was away. He talked with her. He inquired if she would agree to Ihave her husband kille, In her own words at the witness stand, she was asked thus: “Luz, do you like me to have {our husband killed so that you can be mine?" As she was then sincerely contrite, she emphatically rejected the pro- posal. She explained that her husband had already forgiven her and, therefore, that it was unthinkable to as much as wish him ill She told Garehitorena that if that was how he would repay her husband’ Kindness, then she would have ‘no more of him, Gavchitorena, for “I do not ike you any- ‘more ‘The lawyer remarked, however, that it did not mat- ter any that she disagreed as, nevertheless, ie would Kil Anatolio of have someone ill him Later stil, on February 19, 1952, Tomas Garehitorena ‘again dropped in atthe Adayo household looking fr trouble. He brought with him an M- rfl, popularly known as "Car~ bine” and brandished it at Anataio whom he dared to fight. By some fortunate turn of events, however, Anatolio was ‘able to wrest the firearm from Garchitorena, and, instead of accommodating the latter's invitation to fight, Anatolio