People v.

Alburquerque, 59 Phil 150 (1933)

Rtc GUILTY OF MURDER

GINES ABLAQUERQUE

Just leave a scar in the face, but stabbed the neck due to the pace.

RTC:

Gines Alba is a widower of 55 years and has 9 living children, has partial paralysis, he walks with one leg
and last control of his right arm ever since his stroke. Of the 9, Maria and a nun sibling are independent
the rest are heavily dependent on Maria. Pilar had become intimate and had relations with Manuel
Osma. ALBA did not know of this and thought when Pilar left she only went to the house of her
godparents in Singalong but she went to the Chinese hospital and gave birth. Bringing the child home.
Alba was distraught for 1. The Dishonor to his family and 2. Worried for the Extra burden on his
daughter maria.
He wrote letters both in threatening and loving tones to entreat Manuel Osman to either legitimize his
natural son or atleast support Pilar and their child, he promised to pay the allowance but he never did.

Alba then went to the work place and asked the manager of Osman If they could talk, they went
downstairs and without any witnesses Manuel Died of a wound on his Neck,

The TRIAL COURT FINDINGS-Mitigating circumstanccce of lack of intention to cause injury, passion and
obfuscation and voluntary surrder to the Authorities.

The trial court found that the appellant did not intend to cause so grave an injury as the death of the
deceased. We find that his conclusion is supported by the evidence. In his testimony the appellant
emphatically affirmed that he only wanted to inflict a wound that would leave a permanent scar on the
face of the deceased, or one that would compel him to remain in the hospital for a week or two but
never intended to kill him, because then it would frustrate his plan of compelling him to marry or, at
least, support his daughter. The appellant had stated this intention in some of his letters to the deceased
by way of a threat to induce him to accept his proposal for the benefit of his daughter. That the act of
the appellant in stabbing the deceased resulted in the fatal wound at the base of his neck, was due
solely to the fact hereinbefore mentioned that appellant did not have control of his right arm on
account of paralysis and the blow, although intended for the face, landed at the base of the
neck.chanroblesvirtualawlibrary chanrobles virtual law library

Therefore, the mitigating circumstance of lack of intention to cause so grave an injury as the death of
the deceased as well as those of his having voluntarily surrendered himself to the authorities, and acted
under the influence of passion and obfuscation, should be taken into consideration in favor of the
appellant.chanroblesvirtualawlibrary chanrobles virtual law library

Under the facts above stated, we cannot entertain the appellant's contention that he acted in legitimate
self-defense inasmuch as he provoked and commenced the aggression by whipping out and brandishing
his penknife.chanroblesvirtualawlibrary chanrobles virtual law library
The defense likewise claims that, at all events, article 49 of the Revised Penal Code, which refers to cases
where the crime committed is different from that intended by the accused, should be applied herein.
This article is a reproduction of article 64 of the old Code and has been interpreted as applicable only in
cases where the crime befalls a different person (decisions of the Supreme Court of Spain of October 20,
1897, and June 28,1899), which is not the case herein.chanroblesvirtualawlibrary chanrobles virtual law
library

The facts as herein proven constitute the crime of homicide defined and penalized in article 249 of the
Revised Penal Code with reclusion temporal. In view of the concurrence therein of three mitigating
circumstances without any aggravating circumstance, the penalty next lower in degree, that is prision
mayor, should be imposed.chanroblesvirtualawlibrary chanrobles virtual law library

Wherefore, pursuant to the provisions of Act No. 4103, the appellant is hereby sentenced to suffer the
indeterminate penalty of from one (1) year of prision correccional to eight (8) years and (1) day of
prision mayor, affirming the judgment appealed from in all other respects, with the costs. So
ordered.chanroblesvirtualawlibrary chanrobles virtual law library

Alba did not intend to kill Osman rather just injure his face. But OSMAN struggled to get the pen knife
thus Alba claimed selfe defense and not abkle to control movment of his arm the knife landed on
thenefck of the deceased. The Alba did not intend to commit so grave a wrong as that commited

SC

NO Self Defense but there is Praeter Intentionem

The trial court found that the appellant did not intend to cause so grave an injury as the death of the
deceased. We find that his conclusion is supported by the evidence. In his testimony the appellant
emphatically affirmed that he only wanted to inflict a wound that would leave a permanent scar on the
face of the deceased, or one that would compel him to remain in the hospital for a week or two but
never intended to kill him, because then it would frustrate his plan of compelling him to marry or, at
least, support his daughter. The appellant had stated this intention in some of his letters to the deceased
by way of a threat to induce him to accept his proposal for the benefit of his daughter. That the act of
the appellant in stabbing the deceased resulted in the fatal wound at the base of his neck, was due
solely to the fact hereinbefore mentioned that appellant did not have control of his right arm on
account of paralysis and the blow, although intended for the face, landed at the base of the
neck.chanroblesvirtualawlibrary chanrobles virtual law library

Therefore, the mitigating circumstance of lack of intention to cause so grave an injury as the death of
the deceased as well as those of his having voluntarily surrendered himself to the authorities, and acted
under the influence of passion and obfuscation, should be taken into consideration in favor of the
appellant.chanroblesvirtualawlibrary chanrobles virtual law library
Under the facts above stated, we cannot entertain the appellant's contention that he acted in legitimate
self-defense inasmuch as he provoked and commenced the aggression by whipping out and brandishing
his penknife.chanroblesvirtualawlibrary chanrobles virtual law library

The defense likewise claims that, at all events, article 49 of the Revised Penal Code, which refers to cases
where the crime committed is different from that intended by the accused, should be applied herein.
This article is a reproduction of article 64 of the old Code and has been interpreted as applicable only in
cases where the crime befalls a different person (decisions of the Supreme Court of Spain of October 20,
1897, and June 28,1899), which is not the case herein.chanroblesvirtualawlibrary chanrobles virtual law
library

The facts as herein proven constitute the crime of homicide defined and penalized in article 249 of the
Revised Penal Code with reclusion temporal. In view of the concurrence therein of three mitigating
circumstances without any aggravating circumstance, the penalty next lower in degree, that is prision
mayor, should be imposed.chanroblesvirtualawlibrary chanrobles virtual law library

Wherefore, pursuant to the provisions of Act No. 4103, the appellant is hereby sentenced to suffer the
indeterminate penalty of from one (1) year of prision correccional to eight (8) years and (1) day of
prision mayor, affirming the judgment appealed from in all other respects, with the costs. So
ordered.chanroblesvirtualawlibrary chanrobles virtual law library

Street, Abad Santos, Vickers, and Butte, JJ., concur.