The appellant was sentenced by the Court of First Instance of Mindoro to twenty  years reclusion temporal, with the accessory penalties prescribed by law, to indemnify the heirs  of  the  deceased in the  sum of P1,000 and  to pay the costs.

The crime charged in the complaint is that  of murder committed with evident premeditation and treachery, but in view  of  the evidence, the trial court found the accused guilty  of the crime of homicide with the aggravating circumstance provided in paragraph 9  of article  10 of the Penal Code.

On  the  afternoon of September 3, 1923, the deceased Gabino Mascariñas, accompanied by Alejandro de Boda, went  to  Felipe Venturanza's house situated  in  the barrio of Bagumbayan in the municipality of Pinamalayan, to take part in a game of chance then being played  there, where they met several other players,  among whom was the accused Pedro Concha.   Concha  made  a bet  in one of the games which he lost and then discovered that the two-peso bill which  he possessed  had disappeared.  He asked Gabino Mascariñas,  who was next to him,  about it and the latter replied that he knew nothing about it.  The accused insisted that Gabino must know who had taken his two-peso bill, because he was next to him.   Gabino felt offended at being suspected  by Pedro and an altercation followed in which Gabino punched the accused in  the right  eye. The  players pacified the combatants and continued their game.  Some time later,  which cannot be determined from the record, the accused got up stating that he had no money  with which to play and  left the  house  just as Alejandro Mascariñas, a brother  of the deceased, came from the market and was going upstairs to call his companions (Gabino  Mascariñas and Alejandro de Boda)  in order to return to their homes.

Alejandro Mascariñas  found his companions in Venturanza's house  and invited them to leave, but Gabino  sail? that he wished to make  one more bet, and having lost in that game, the three of them then left the house.   They had hardly left the stairway when Gabino Mascariñas was met  by the accused who was waiting there;  he inquired where they were going and hardly had Gabino answered that they were returning to their home  when he was attacked by the accused with a penknife and wounded in the abdomen which resulted in the death of Gabino Mascariñas on the fifth day after the incident.

The accused admits having inflicted the  wound  which caused Gabino's death,  but alleges  that  it was due to a quarrel he had with him on account of his having lost the two  pesos and Gabino  having struck him on the forehead and attempted to  stab him with a penknife,  which he dodged.

We have considered the evidence before us and  are convinced that after the altercation between the deceased and the accused in Venturanza's house, they had a quarrel near said  house with  the  result  that  Gabino  was mortally wounded by the accused.  We are of the opinion that both combatants, upon encountering each other outside  of  the house, must have been prepared for a fight on account of what had occurred  between them a few minutes  before and  we do not believe that any aggravating circumstance was  proven.

We find no grounds in the record to support the errors alleged by the  defense.

With the  modification that the  penalty provided by  article 404 of the Penal Code be imposed upon  the accused in its medium degree, or, fourteen years, eight  months and one  day  reclusion temporal the judgment  appealed from must be, as it is hereby, affirmed, with the costs against  the appellant.  So  ordered.

Avanceña, C. J., Street, Ostrand, Johns, Romualdez, and Villa-Real, JJ., concur.