PEOPLE OF THE PHILIPPINES v tell his wife that his daughter Marilyn was a

BONIFACIO LOPEZ flirt. Marilyn later confessed to him that she

GR NO. 136861 was pregnant and had the baby aborted,
November 15, 2000
which was maneuvered by Librada. On July
19, 1998, accused-appellant confronted
Librada which resulted to an altercation.
FACTS:
This led to John Frank stabbing him in the
abdomen with a knife, while Gina and
On July 19, 2998, Bonifacio Lopez,
Librada held him down.
with treachery, abuse of superior strength
and with intent to kill, assaulted Gerarda
Accused-appellant did not present
“Gina” Abdullah with a bladed weapon,
any medical certificate to prove his claim of
stabbing her several times, hitting her on
having been stabbed by John Frank.
the stomach, thereby causing her death
Likewise, he was unable to present a witness
shortly thereafter, as well as the death of
to corroborate his narration other than his
the fetus.
daughter, Josephine Lopez Almonte. Giving
full faith and credence to the eye witness
Librada Ramirez, the mother of the
accounts of Librada, John Frank, and
victim testified that she saw the accused-
Esteven Basi, the trial court, in its November
appellant attacking her son, John Frank
12, 1998 decision, found accused-appellant
Ramirez, with a knife. Librada tried to calm
guilty of murder with abortion and imposed
him down but instead, the latter attacked
on him the penalty of death.
her. When finally she was able to free
herself from accused-appellant’s hold, she
ISSUES:
ran away and sought the help of their
Whether or not accused-appellant
policeman neighbor whose house was about
could serve a reduced penalty with
10 to 15 meters away. With the help of a
consideration of the mitigating circumstance
neighbour, John Frank was able to pull
of vindication of a grave offense committed
accused-appellant outside of their house
by the victim against his daughter.
and lock him out, but accused-appellant
jumped off the fence and barged inside the
RULING:
bathroom where John Frank’s pregnant
NO, the mitigating circumstance of
sister Gina was taking a bath. Accused-
immediate vindication of a grave offense
appellant violently stabbed Gina who fell on
cannot be considered in favor of accused-
her back to the ground. Gina somehow
appellant because he had sufficient time to
managed to get up and force her way out.
recover his serenity. The supposed
Accused-appellant was about to leave when
vindication did not immediately or
he saw Gina being lifted into a parked jeep.
proximately follow the alleged insulting and
He rushed towards Gina, dragged her out of
provocative remarks. It should also be
the jeep, kicked her, and again mercilessly
proportionate to the damage caused by the
stabbed her and fled. Gina was brought to
act and adequate to stir one to its
the Pangasinan Provincial Hospital where
commission. The remark attributed to Gina
she expired. These accounts find support in
that accused-appellant’s daughter is a flirt
Esteven Basi’s story, a passerby who
does not warrant and justify accused-
witnessed that accused-appellant was
appellant’s act of slaying the victim.
kicking and stabbing Gina.

Accused-appellant claims that on May

29, 1998, during a quarrel, he heard Gina