People of the Philippines v.

Gines Albuquerque
December 19, 1933 | Avanceña, C.J. |
C. Criminal Liability - 1. How incurred - a. Wrongful act done be different from what was intended

FACTS: ISSUE: WON there were mitigating circumstances to provide

1. Defendant Alburquerque was a widower of 55 years of age
and father of 9 living children. He also suffered from partial
paralysis for some time because of a stroke, the effects of
which were that he walked by dragging one leg, and he lost
control of movement of his right arm, rendering him unable to
work.
2. He lived with his 9 children, who were all supported by his
daughter named Maria.
3. Another daughter, Pilar, was in a relationship with a certain
Osma, and became impregnated by him.
4. Albuquerque only knew about the child when Pilar already
gave birth. He was greatly affected, sad, and worried not only
because of the dishonor to his family but also because the
child will be an additional burden to Maria, his other daughter
with whom they all resided with and depended on for support.
5. Through letters, both hostile and threatening, Albuquerque
asked Osma to marry Pilar or at least support her and their
child. Osma initially agreed to give the child monthly
allowance, but he never complied.
6. On the day of the crime, Albuquerque went to Osma’s
office to speak with him. Upon hearing that Osma still refused
to marry his daughter, Albuquerque whipped out his penknife.
7. Osma tried to seize Albuquerque by the neck, whereupon
Alburquerque stabbed him on the face.
8. Due to lack of control of the movement of Albuquerque's
paralyzed arm, the weapon landed on the base of the neck of
Osma, which caused the latter's death.
9. Nobody witnessed the incident, but Alburquerque
voluntarily surrendered himself to the authorities and admitted
what happened.
10. In his testimony, Albuquerque said 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.
 Albuequerque 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.
for lower penalties for the crime committed by Gines
Alburquerque? YES.
RATIO:
1. The court found that Gines did not intend to cause so grave
an injury as the death of Osma. This is also supported by
evidence in his letters pleading for acceptance of proposal to
marry or support. Moreover, Gines’ testimony affirmed that he
only wanted to inflict a scar on his face. He had no reason to
kill Osma, because then it would frustrate his plan of
compelling him to marry or at least support his daughter. That
the fatal wound in the neck resulted from his inability to
control his right arm because of his paralysis.
2. Therefore, the mitigating circumstances of (1) lack of
intention to cause so grave an injury as the death of the
deceased as well as those of his (2) having voluntarily
surrendered himself to the authorities, and (3) acted under
the influence of passion and obfuscation, should be taken
into consideration in favor of the appellant.
3. SC also said that Albuequerque's act was not self-defense,
because he provoked Osma by whipping out the penknife.
4. SC also indicated that the crime was homicide, penalized
under the Old RPC in Art. 249 with reclusion temporal.
However, since there were 3 mitigating circumstances w/o any
aggravating circumstance, the penalty next lower in degree,
prision mayor, should be imposed under Act No. 4103.
RULING: Albuquerque is sentenced to suffer the
indeterminate penalty of 1 year of prision correcional to 8
years and 1 day of prision mayor. Judgment of the lower court
affirmed, with costs.