**Facts:**
On October 11, 1997, Dennis Torpio and Anthony Rapas, along with Manuel Torpio and Fausta Mariaca, were involved in a series of events in Ormoc City. The evening began with Manuel Torpio and his family having dinner at their home when Anthony Rapas arrived and invited Dennis for a drinking spree. Dennis initially joined Anthony and a companion named Porboy Perez, consuming tuba and Red Horse beer. They then moved to a beach resort, Shoreline, where they joined another group drinking gin. Anthony became angry when Dennis refused to drink gin, leading Anthony to drench Dennis with gin and physically assault him. Dennis fled home, grabbed a knife, and returned to find Anthony, who fled but was caught and fatally stabbed by Dennis. Dennis later surrendered to police.
**Procedural Posture:**
– An Amended Information charged Dennis and Manuel Torpio with murder.
– At arraignment, both accused pleaded not guilty.
– The Regional Trial Court convicted Dennis of murder, sentenced him to reclusion perpetua, and ordered compensation of P200,000 for the victim’s heirs. Manuel Torpio was acquitted.
– Dennis Torpio appealed, contending that treachery and evident premeditation were absent, thus the crime should be classified as homicide.
**Issues:**
1. Whether treachery was present, thus qualifying the killing as murder.
2. Whether evident premeditation was present, enhancing the severity of the crime to murder.
3. Whether mitigating circumstances such as sufficient provocation, immediate vindication of a grave offense, and voluntary surrender should influence the penalty.
**Court’s Decision:**
1. **Treachery:**
– The Supreme Court held that treachery was not present. The killing was a result of a prior quarrel where Anthony had assaulted Dennis, who then returned armed. The nature of the attack did not demonstrate a deliberate and conscious effort to ensure Dennis’s safety from retaliation, thereby negating treachery.
2. **Evident Premeditation:**
– The records did not support evident premeditation. The sequence of events showed that Dennis acted in the heat of anger immediately following the provocation. There was no sufficient lapse of time allowing for cool thought and reflection, crucial for evident premeditation.
3. **Mitigating Circumstances:**
– The Court agreed with the trial court on mitigating circumstances of voluntary surrender and immediate vindication of a grave offense but corrected the overlap of grave offense and sufficient provocation, merging them into one circumstance.
The Supreme Court modified the conviction from murder to homicide, reducing the penalty based on the mitigating circumstances to imprisonment from six years of prision correccional to eight years and one day of prision mayor.
**Doctrine:**
– **Treachery:** Requires a mode of attack deliberately adopted to ensure execution without risk of retaliation.
– **Evident Premeditation:** Involves cool thought and reflection with sufficient time between planning and execution.
– **Mitigating Circumstances:** Multiple mitigating factors arising from a single act should be merged.
**Class Notes:**
– Elements of Treachery: Swift, unexpected attack; method ensuring safety from retaliation.
– Evident Premeditation: 1) Time of determination to commit the crime, 2) Acts showing persistence, 3) Interval for reflection.
– Article 249 of RPC: Defines homicide and its applicability.
– Mitigating Circs.: Voluntary surrender and immediate vindication merge if arising from the same incident.
**Historical Background:**
– **Context:** The case happened in the late 1990s in Ormoc City, showcasing the judicial application of mitigating circumstances in the heat of a provoked moment. The case exemplifies the careful application of legal doctrines concerning treachery and evident premeditation within the Philippine legal system.
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