G.R. No. 151978 – 478 Phil. 606 – 434 SCRA 467 – Criminal Law – Mitigating Circumstances – Article 64, Revised Penal Code – Presence of two mitigating circumstances; no aggravating circumstances – Combining the mitigating circumstances in paragraphs 4, 5, and 6 of Article 13 of the Revised Penal Code
One evening in October 1998, Roy Mangaya-ay was drunk and was banging on the door of Arturo Romera. Mangaya-ay was thrusting his bolo at the door and walls of the house of Romera. Romera’s wife woke him up. Stirred by the commotion, Romera went outside through another door and approached Mangaya-ay. The two had a scuffle and during which Romera stabbed the stomach of Mangaya-ay. Mangaya-ay was later brought to the hospital where he was treated and he survived. Meanwhile, Romera voluntary surrendered to the authorities.
Romera was later found guilty of frustrated homicide but the trial court considered his voluntary surrender as a mitigating circumstance.
Romera appealed as he averred that the mitigating circumstances of provocation (Par. 4, Art. 13, RPC) and passion and obfuscation (Par. 6, Art. 13, RPC) should have been considered by the court, that ultimately, the penalty imposed should have been lowered by one degree due to the presence of two or more mitigating circumstances.
ISSUE: Whether or not Romera is correct.
HELD: Yes, he is partly correct. Provocation and passion and obfuscation should have been considered by the trial court however, it is a rule that if the mitigating circumstances of provocation and passion and obfuscation or those found in paragraphs 4, 5, and 6 of Article 13 of the Revised Penal Code all arise from the same facts, they shall only be considered as one. In this case, provocation and passion and obfuscation all arise from the act of Mangaya-ay of thrusting his bolo at the house of Romera while the latter was resting. As such, there are two mitigating circumstances present, to wit:
1. Voluntary surrender;
2. Provocation and passion and obfuscation (taken as one).
That being, since there are two mitigating circumstances and no aggravating circumstances, the penalty to be imposed shall be lowered by one degree.
