G.R. No. 1541. January 26, 1905

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4 Phil. 170

[ G.R. No. 1541. January 26, 1905 ]

THE UNITED STATES, PLAINTIFF AND APPELLEE, VS. VICENTE SANTILLAN, DEFENDANT AND APPELLANT.

D E C I S I O N



ARELLANO, C.J.:

The defendant is guilty of the crime of homicide. The court below in
its judgment duly stated that neither the specific circumstance of
premeditation, as alleged in the complaint, nor any other aggravating
circumstance has been present. The prosecution in this instance agrees
with this finding. The extenuating circumstance of obduracy has been
well taken into consideration. The supreme court of Spain in a decision
rendered on February 20, 1884, said that the resentment for rivalry in
love relations with a woman is a powerful instigator of jealousy and
prone to produce anger and obduracy. There was no error in the trial
below, nor indeed has any been alleged by the defense. The judgment of
the court by which Vicente Santillan is sentenced to twelve years and
one day of reclusion temporal, to pay P1,000, Philippine
currency, to the family of the deceased, and the costs, is wholly in
conformity with the law and with the provisions of the Penal Code.

Therefore we affirm the judgment below, with the costs in this
instance. Let the case be remanded to the court below for execution. So
ordered.

Torres, Mapa,Johnson, and Carson, JJ. concur.






Date created: April 23, 2014




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