58. People Vs. Coricor.docx

Valenton, Francis Angelo T.

Criminal Law 2

1S People vs. Coricor (G.R. No.L-48768)

Facts: The plaintiff-appellee is the People of the Philippines. The defendant-appellant is Cirilo Coricor. In the case at bar, the witness Catalina Regis was wither husband in Alangalang to attend novena. Later on the herein defendant Coricor went to the place. The defendant told Pedro that “before you return to Jaro, please pass by our house to give advice to my wife, because she does not mind me, does not obey me.” When Pedro visited Coricor’s house, both of them drank tuba. Later on, Coricor took a bolo and he used it to cut a piece of roast pig. While drinking, the herein defendant suddenly stabbed Pedro in the abdomen. The defendant was then about to stab the witness Regis, but was able to took hold of the bolo and escaped. The trial court held the defendant liable for murder.

Issue: Is the defendant guilty of murder.

Held: The Supreme Court said that the testimony of the witness cannot be appreciated. The Supreme Court said that the exceptional circumstance as provided by Article 247 cam be appreciated. The herein defendant merely attacked the deceased for his infidelity. Thus, the defendant is within the purview of Article 247 to be exempted from the killing of the deceased Pedro. Thus, convicting him only for 2 years, 4 months and 1 day of banishment or destiero.