People v. Dayrit
REITERATIONFacts
The Antecedents: On April 13, 1955, at approximately 8:00 PM, near the gasoline stations at one end of Burnham Park in Baguio City, the accused Emiliano Dayrit and his wife were selling cigarettes. Four men, including the deceased Napoleon Ananayo, approached and bought cigarettes. A brief conversation ensued between the accused and Ananayo. Suddenly, the accused drew a 'balisong' knife and stabbed Ananayo in the neck. Ananayo's companions chased the accused, who fled and took refuge in the Imperial Hotel, where the police later found him. Procedural History: The Court of First Instance of Baguio found Emiliano Dayrit guilty of homicide, sentencing him to an indeterminate penalty of six (6) years and one (1) day of prision mayor to twelve (12) years and one (1) day of reclusion temporal, with indemnity to the heirs of the deceased and costs. The case was initially lodged with the Court of Appeals, which certified it to the Supreme Court, believing it involved only a question of law. The Petition: The accused-appellant did not dispute his guilt or conviction but sought a diminution of the penalty imposed. His sole contention was that the trial court should have considered the mitigating circumstance of 'lack of provocation' and 'did not intend to commit so grave a wrong as that actually committed,' in addition to the proven mitigating circumstance of provocation.
Issue(s)
Whether the mitigating circumstance of voluntary surrender should be appreciated in favor of the accused. Whether the mitigating circumstance of 'lack of intention to commit so grave a wrong' should be appreciated in favor of the accused. Whether the penalty imposed should be modified based on the presence of mitigating circumstances.
Ruling
The Supreme Court modified the appealed decision. It granted the mitigating circumstance of voluntary surrender to the accused-appellant. Consequently, with two mitigating circumstances (provocation and voluntary surrender) and no aggravating circumstances, the penalty for homicide was reduced by one degree, from reclusion temporal to prision mayor. The accused was sentenced to an indeterminate penalty of two (2) years, eleven (11) months, and eleven (11) days of prision correccional to eight (8) years, eight (8) months, and one (1) day of prision mayor.
Ratio Decidendi
On the mitigating circumstance of voluntary surrender: The Court held that the accused was entitled to the mitigating circumstance of voluntary surrender. While the accused fled to the Imperial Hotel for security from the companions of the deceased, he testified that he would have surrendered to peace officers if available, both to save the government trouble and for his own protection. Upon reaching the hotel, he dropped his knife and readily admitted ownership to the investigating policemen, voluntarily accompanying them to the City Jail. The Court cited several cases (People vs. Sakam, People vs. Torrecampo, et al., People vs. Yecla, et al., and People vs. Babiera) to support the appreciation of voluntary surrender even when surrender is not immediate or directly to the arresting officer, as long as the intent to submit to authorities is clear. The flight was to escape the pursuers, not the police. On the mitigating circumstance of 'lack of intention to commit so grave a wrong': The Court agreed with the Solicitor General that this mitigating circumstance was untenable. The accused used a deadly 'balisong' knife to stab the deceased in the neck. Applying the doctrine in People vs. Reyes and People vs. Datu Baguinda, the nature of the weapon and the location of the wound indicated an intent to commit a serious wrong, making this mitigating circumstance inapplicable. On the modification of penalty: The Court found that the mitigating circumstance of provocation was proven. Coupled with the newly appreciated mitigating circumstance of voluntary surrender, and the absence of any aggravating circumstances, Article 64, paragraph 5 of the Revised Penal Code mandated that the penalty for homicide be imposed in its next lower degree. The prescribed penalty for homicide is reclusion temporal, and its next lower degree is prision mayor. Therefore, the indeterminate sentence was adjusted accordingly.
Main Doctrine
The mitigating circumstance of voluntary surrender may be appreciated even if the accused fled to a hotel for safety and surrendered to the police the following day, provided the intent to submit to authorities is evident and the flight was not from the police but from companions of the deceased.