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For voluntary surrender to be considered, the following with a woman is a powerful stimulant to jealousy and is
LAW 109 : CRIMINAL LAW 1 DIGESTS
requisites must concur: sufficient to produce loss of reason and self-control. In other
1. the offender was not actually arrested; words, it is a powerful instigator of jealousy and prone to
2. he surrendered to a person in authority or to an agent of produce anger and obfuscation.
a person in authority; and Judgment: Murder is punishable bby reclusion temporal in its
PEOPLE v. RABANILLO 3. his surrender was voluntary maximum period to death. Considering the two mitigating
307 SCRA 613 (1999) A surrender to be voluntary must be spontaneous, showing circumstances and no aggravating circumstance, the penalty
the intent of the accused to submit himself unconditionally to the next lower to that prescribed is imposable. Thus, he is given the
Facts: Rabanillo and the deceased Morales were drinking with authorities either because (a) he acknowledges his guilt or (b) indeterminate penalty of eight years of prision mayor, minimum
their friends. One friend started a water fight game and he wishes to save them the trouble and expense necessarily to 14 yrs and 8 mos of reclusion temporal, as max.
Rabanillo joined the fun, accidentally dousing Morales with incurred in his search and capture.
water. Morales reprimanded him because water got into his ear In the case, the baranggay captain had to go to the house of -------------------------------------------------------------------------------------
and they argued which led into a fistfight. They were pacified Rabanillo to take the latter to the police station. The latter did
and ushered to their respective houses. The prosecution’s not present himself voluntarily to the former, who is a person in U.S. v. HICKS
version of the events was given credit by the court which authority pursuant to Art. 152 of the RPC, as amended; neither 14 Phil. 217 (1909)
claimed that after 30 minutes after, while Morales and some did he ask the former to fetch him at his house so he could
friends were having a conversation in the terrace of the house of surrender. The fact alone that he did not resist but went Facts: For about 5 years, the accused and the deceased lived
Morales, Rabanillo went out his house with a one-meter samurai peacefully with the baranggay captain does not mean that he illicitly in the manner of husband and wife. Afterwards, the
and hacked Morales who died that same day. Rabanillo offered voluntarily surrendered. Besides, voluntary surrender deceased separated from the accused and lived with another
his testimony to prove the mitigating circumstances of passion presupposes repentance. man. The accused enraged by such conduct, killed the
and obfuscation, drunkenness, and voluntary surrender thereby deceased.
admitting having killed Morales. Judgment: There being no mitigating nor aggravating Held: Even if it is true that the accused acted with obfuscation
Held: For passion and obfuscation to be mitigating, the same circumstance the penalty is the medium period of that because of jealousy, the mitigating circumstance cannot be
must originate from lawful feelings. From the version of the facts prescribed by law for that offense. Accused is found guilty of considered in his favor because the causes which mitigate
by the prosecution, clearly the assault was made in a fit of homicide, and not murder, and applying the Indeterminate criminal responsibility for the loss of self-control are such which
anger. The turmoil and unreason that would naturally result from Sentence Law, he is hereby sentenced to suffer an originate from legitimate feelings, and not those which arise
a quarrel or fight should not be confused with the sentiment or indeterminate penalty rangin from 10 yrs of prision mayor as from vicious, unworthy and immoral passions.
excitement in the mind of a person injured or offended to such a minimum to 17 yrs and 4 mos of reclusion temporal as
degree as to deprive him of his sanity and self-control. The maximum with all accessories thereof, and to indemnify the -------------------------------------------------------------------------------------
excitement which is inherent in all persons who quarrel and heirs.
come to blows does not constitute obfuscation. ------------------------------------------------------------------------------------- U.S. v. DELA CRUZ
Moreover, the act producing obfuscation must not be far 22 Phil. 429 (1912)
removed from the commission of the crime by a considerable PEOPLE v. MUIT
length of time, during which the accused might have regained 117 SCRA 696 (1982) Facts: The accused, in the heat of passion, killed his common-
his normal equanimity. In this case, 30 minutes intervened law wife upon discovering her in flagrante in carnal
between the fight and the killing. Having been actuated more by Facts: The deceased, Torrero and the Muit’s wife was rumored communication with a common acquaintance.
the spirit of revenge or anger than of a sudden impulse of to be having an affair. One day, Torrero and his family were Held: In this a case, the accused was entitled to the mitigating
natural or uncontrollable fury, passion and obfuscation cannot amicably invited by Muit to his house to rest. But later, an circumstance of passion or obfuscation. The facts in this case
be appreciated. argument broke between the two when Muit asked Torrero must be distinguished from the case of U.S. vs. Hicks where it
To be mitigating, the accused’s state of intoxication should be about his frequent meetings with his wife. When Torrero walked was found that the accused, deliberately and after due reflection
proved or established by sufficient evidence. It should be such away to avoid more arguments, Muit drew his gun and shot him. resolved to kill the woman who had left him for another man.
an intoxication that would diminish or impair the exercise of his He was held back by Gubatan but was still able to fire a second With a clean and well-prepared weapon, he enetered the house,
willpower or the capacity to know the injustice of his act. The shot which proved to be fatal. He fired a third shot but because disguising his intention and calming her by his apparent repose
accused must then show that (1) at the time of the commission Gubatan had held him tighter this time, the shot was fired to the and tranquility, doubtless in order to successfully accomplish his
of the criminal act, he has taken such quantity of alcoholic sky. Accused claims that the second fatal shot was unintentional criminal design. In this case, the cause of the alleged passion
drinks as to blur his reason and deprive him of a certain degree and was the direct consequence of the act of Gubatan in and obfuscation of the accused was his vexation, disap-
of self-control; and (2) such intoxication is not habitual or embracing him from behind and was thus an accident. pointment and anger engendered by the refusal of the woman to
subsequent to the plan to commit the felony. The accused Held: It was not an accident. Gubatan testified that he continue to live in illicit relations with him, which she had a
merely testified that he joined his friends de Guzman and embraced appellant around the chest in such a way that perfect right to do. In the present case, however, the impulse
Soriano in a drinking session, but only for a short time. The fact appellant he was still free to use his right hand which was was caused by the sudden revelation that she was untrue to
that he was able to resume his routine work thereafter, belie his holding the gun. However, the mitigating circumstances of him, and his discovery of her in flagrante in the arms of another.
claim that he was heavily drunk at the time he attacked the voluntary surrender, and passion and obfuscation can be Judgment: Modified by a finding that the commission of the
victim. The regularity of Rabanillo’s alcohol intake could even appreciated. There can be no question that the accused was crime was marked with the extenuating circumstance of passion
have increased his tolerance for alcohol to such an extent that driven strongly by jealousy because of the rumors regarding the and obfuscation, penalty is reduced from 14 yrs 8 mos and 1
he could not easily get drunk. amorous relationship between his wife and the victim. The day of reclusion temporal to 12 yrs and 1 day of reclusion
feeling of resentment resulting from rivalry in amorous relations temporal.
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the execution that allowed the criminal to reflect upon the surrendered himself to a person in authority; and (c) the
------------------------------------------------------------------------------------- consequences of his act. These were not established by the surrender must be voluntary. All these requisites appear to have
evidence in the case at bar. attended their surrender.
PEOPLE v. GERMINA For voluntary surrender to be appreciated as a mitigating -------------------------------------------------------------------------------------
290 SCRA 146 (1998) circumstance, the following requisites must concur: (1) the
offender has not been actually arrested, (2) the offender PEOPLE v. DULOS
Facts: The appellant went to the house of the victim. A heated surrendered to a person in authority, and (3) the surrender was 237 SCRA 141 (1994)
conversation took place between victim’s relatives and appellant voluntary. If the only reason for the supposed surrender is to
concerning a quarrel between the accused’s brother and victim. ensure the safety of the accused whose arrest is inevitable, the Facts: Dulos, accused-appellant, paid Susan and Alice P100
When the victim arrived, appellant drew his gun. Victim’s surrender is not spontaneous and hence not voluntary. each to entertain some male guests. Alice left early, while Susan
relatives scampered to safety and victim tries to run but tripped. Appellant’s actions after the incident are not marks of voluntary stayed. Susan was offered P500 to check in with one of Dulos’
When the appellant caught up with him, the appellant shot him surrender. Denying to the police any personal knowledge of the guests. When she got the money, she changed her mind and
at the nape. Appellant was convicted of murder because of the crime, he even tried to distance himself from the place of the argued with her customer. Alice found out and called Gara, a
presence of treachery, the victim, having been shot at the back. incident by going to Tagbilaran. He only went to the police Military Police assigned at the said hotel as watchman to
Held: The mere fact that the victim was shot at the back while station to “clear his name.” Such acts do not show any intent to intervene. When Dulos found out about it he confronted Susan
attempting to run away from his assailant would not per se surrender unconditionally to the authorities. with her boyfriend Paul. Paul apologized saying that his
qualify the crime to murder. If murder was his bent, he wouldn’t Intoxication may be considered either aggravating or girlfriend does not accept intimate dates. The two with Alice and
have gone to the house of the victim not would he engage the mitigating, depending upon the circumstances attending the some other friend left to go home. Dulos followed them with a
victim’s relatives to a heated argument. Thus, the crime is not commission of the crime. Intoxication has the effect of gun and they fled but Dulos was able to overtake them. Dulos
attended by treachery (aleviosa). Moreover, passion cannot co- decreasing the penalty, if it is not habitual or subsequent to the demanded the money back and Susan gave him back P100.
exist with treachery because in passion, the offender loses his plant to commit the contemplated crime; on the other hand, She pleaded with Dulos and later tried wresting the gun but she
control and reason while in treachery, the means employed are when it is habitual or intentional, it is considered aggravating. A was violenetly pushed. Paul pleaded for mercy but Dulos
consciously adopted. One who loses his reason and self-control person pleading intoxication to mitigate penalty must present instead shot him twice.
could not deliberately employ a particular means, method or proof to the commission of the crime, sufficient to produce the Held: The generic mitigating circumstance of voluntary
form of attack in the execution of the crime. Thus, without effect of obfuscating reason. At the same time, that person must surrender cannot be appreciated in accused-appellant’s favor. It
treachery, the mitigating circumstance of passion as well as show proof of not being a habitual drinker and not taking the is necessary that “it must be spontaneous and made in such
voluntary surrender may be appreciated. alcoholic drink with the intention to reinforce his resolve to manner that it shows the intent of the accused to surrender
commit the crime. Appellant belatedly pleads that intoxication unconditionally to the authorities either because he
------------------------------------------------------------------------------------- should mitigate his penalty and relied merely on the acknowledges his guilt or because he wishes to save them the
prosecution’s narrated facts which supposedly showed that he trouble and expenses necessarily incurred in his search and
PEOPLE v. PINCA was intoxicated at the time of attack and that no evidence was seizure. Here there was no conscious effort on the Dulos part to
31 SCRA 270 (1999) presented to show that his state of intoxication was habitual nor voluntarily surrender to the military authorities when he came to
subsequent to the plan to commit said felony. Appellant cannot Camp Siongco, Dinaig, Maguindanao after the incident. He was
Facts: The accused alleged that the victim doused him with simply rely on these statements of the prosecution. He must not placed under custody by the military authorities as he was
alcohol. While aboard a tricycle with a friend, the accused himself present convincing proof of the nature and effects of his free to roam around as he pleased. He went to said camp to
spotted the victim. He got off the tricycle and got a piece of intoxication. It was not proven that alcohol had blurred his take up residence, not to voluntarily surrender to the authories.
wood, waited for the victim and once near, the accused reason—an element essential for intoxication to be considered Likewise, his claim that he surrendered his gun to a certain
suddenly struck the victim on the head. He was found guilty of mitigating (Halerrr! One beer?! Lousy drinker nmn nun…Buti p c Major Bermones, one of his guests at the Old Imperial Hotel, is
murder. On issue is the attendance of modifying circumstances. nicki! Hehe..) not substantiated by evidence. Even if it were, that fact could
Held: For treachery to be considered a qualifying circumstance, not be appreciated in his favor. Where an accused merely
two conditions must concur: (1) offender employed such means, ------------------------------------------------------------------------------------- surrendered the gun he used in killing, without surrendering his
method or manner of execution as to ensure his safety from the person to the authorities, there is no voluntary surrender
defensive or retaliatory acts of the victim; and (2) the said PEOPLE v. AMAGUIN (People v. Palo)
means, method or manner of execution was deliberately 229 SCRA 166 (1994)
adopted. The essence of treachery is the deliberateness and -------------------------------------------------------------------------------------
unexpected of the attack, which give the hapless, unarmed and Facts: Celso and Gildo Amaguin, together with others, attacked
unsuspecting victim no chance to resist or to escape. In the Pacifico and Diosdado Oros. During the fray, Gildo was armed PEOPLE v. CRISOSTOMO
case at bar, the appellant struck the drunk victim from behind. with a knife and an “Indian target.” And just as they were about 160 SCRA 47 (1988)
The attack, being sudden and deliberate and the victim being to finish off the Oro brothers, Willie, the eldest of the Amaguin’s,
utterly unsuspecting and thus unable to put up any resistance, appeared with a revolver and delivered the coup de grace. They Facts: While Crisostomo was passing near the house of
was treacherous indeed. invoke the mitigating circumstance of voluntary surrender. Geronimo, he met the latter and invited him to have a drink in
For evident premeditation to be appreciated as an aggravating Held: While it may have taken both Willie and Gildo a week the place of a friend. Geronimo declined the offer. Suddenly
circumstance, there must be clear and convincing proof of: (1) before turning themselves in, the fact it, they voluntarily Crisostomo rushed towards Romeo who was then standing near
time when the offender determined to commit the crime, (2) an surrendered to the police before arrest could be effected. For a store facing the street with his back towards Crisostomo and
act manifestly indicating that he clung to his determination, and voluntary surrender to be appreciated, the following must be shot him at a distance of one meter.
(3) a sufficient lapse of time between such determination and present: (a) offender has not been actually arrested; (b) offender Held: Under Article 15 of the RPC, intoxication of the offender
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their parents' house and found the lifeless body of his mother death penalty but by the flexible penalty of reclusion perpetua to
Under Article 15 of the Revised Penal Code, intoxication of and his father, accused-appellant, wounded in the abdomen. death, two indivisible penalties, the application of the lesser or
the offender shall be taken into consideration as a mitigating Eduardo Javier, accused-appellant admitted killing his wife in the greater penalty depends on the presence of mitigating and
circumstance when the offender committed a felony in a state of their bedroom with the use of a sharp bolo because he could not aggravating circumstances. In the absence of any aggravating
intoxication, if the same is not habitual or subsequent to the plan sleep for almost a month. He claimed that when the killing took or mitigating circumstance for the accused-appellant, the lesser
to commit said felony. Otherwise when habitual or intentional, it place, his mind went totally blank and he did not know what he penalty of reclusion perpetua should be imposed.
shall be considered as an aggravating circumstance. was doing. He claims that he was insane at the time of the -------------------------------------------------------------------------------------
The allegation of the appellant that he was drunk when he incident. His defense of insanity as an exempting circumstance
committed the offense is self-serving and uncorroborated. was rejected. During trial, the defense never alleged the above-
Besides, appellant admitted that at that time he was only dizzy, claimed mitigating circumstances of illness (insomnia) and PEOPLE V. JAVIER
and that he was on the way to another drinking spree. Obviously passion and obfuscation, thus weakening the case of accused- 311 SCRA 576 (1999)
he had not drunk enough. He remembers the details of the appellant. In this appeal, he now alleges these mitigating
shooting, the time it started and ended, how much wine he circumstances. -------------------------------------------------------------------------------------
imbibed and the persons who were with him. He realized the Held: For the mitigating circumstance of illness of the offender
gravity of the offense he committed so he fled and hid from the to be appreciated, the law requires the presence of the following
authorities. He sought sanctuary in the chapel of Sto. Rosario, requisites: (1) illness must diminish the exercise of the will- PEOPLE V. PARAZO
boarded a tricycle going to the poblacion and took a La Mallorca power of the offender; and (2) such illness should not deprive G.R. No. 121176, ]ulv 8, 1999;
bus to Manila. All these are acts of a man whose mental the offender of consciousness of his acts. Motion for Reconsideration of a decision of the Supreme Court
capacity has not been impaired. Since accused-appellant has already admitted to the killing, it
As the fifth assigned error appellant argues that he should be is incumbent upon him to prove the claimed mitigating Facts:
credited with the mitigating circumstance of voluntary surrender circumstance of illness. In this case, however, aside from the  Marlon Parazo was convicted for rape and frustrated
stating that although he hid himself from the authorities for 10 testimony of the accused that his mind went blank when he homicide.
days, he voluntarily surrendered to the authorities thereafter killed his wife due to loss of sleep, no medical finding was  May 29, 1997 – Parazo filed a motion for reconsideration
upon the advice of his parents. presented regarding his mental condition at the time of killing. which alleged that Parazo was not provided with a sign
The requisites of voluntary surrender are: (a) that the offender This Court can hardly rely on the bare allegations of accused- language expert. If the allegation should be proven the
had not actually been arrested; (b) that the offender surrendered appellant, nor on mere presumptions and conjectures. No clear judgement of conviction should be set aside.
himself to a person in authority or the latter's agent; and (c) that and convincing evidence was shown that accused-appellant  February 10, 1998 the court resolved to grant the urgent
the surrender was voluntary. was suffering an illness which diminished his exercise of will- omnibus motion
The testimony of the appellant is not disputed by the power at the time of the killing. o To hold in abeyance consideration of his motion
prosecution that while in hiding, upon the advise of his parents, On the other hand, it is clear that accused-appellant was pending his medical examination
he voluntarily surrendered on January 4, 1968, so he was aware of the acts he committed. First, he remembered killing his o To allow a supplemental motion for reconsideration
detained in the municipal jail of Hagonoy. The Court agrees that wife in their bedroom with the use of a bolo, where he mangled after his medical examination
the appellant is entitled to this mitigating circumstance. her neck twice; he remembered trying to commit suicide, by o To submit the appellant for examination by a
However, he cannot be credited with the mitigating wounding himself with the same bolo he used in killing his wife;
physician of the Supreme Court.
circumstance of a plea of guilty to a lesser offense of the charge and he remembered being brought to the hospital. Since he
of homicide as invoked under the sixth assigned error. The remembered the vital circumstances surrounding the ghastly
Issue: WON the judgement of conviction should be set aside
requisites of the mitigating circumstance of voluntary plea of incident, from the time of the killing up to the time he was
guilty are: brought to the hospital, it shows that he was in full control of his
Held: Yes
1. that the offender spontaneously confessed his guilt; mental faculties. This negates his claim that he was suffering
2. that the confession of guilt was made in open court, that from an illness that diminished the exercise of his will-power. On
Ratio:
is, before the competent court that is to try the case; and the basis of the foregoing, we cannot appreciate the mitigating
 Appellant was examined by Beatriz O. Cruz (SC Medical
3. that the confession of guilt was made prior to the circumstance alleged by accused-appellant.
Services Psychologist). The result of her examination was
presentation of evidence for the prosecution. In order to be entitled to the mitigating circumstance of
that Mr. Parazo’s intelligence function based on the
In the present case the appellant offered to enter a plea of passion and to obfuscation, the following elements should
Goodenough is gauged on the mild to moderate degree of
guilty to the lesser offense of homicide only after some evidence concur: (1) there should be an act both unlawful and sufficient to
mental retardation with an estimated IQ of 60. His mental
of the prosecution had been presented. He reiterated his offer produce such condition of mind; and (2) said act which
age on the other hand, is equivalent to 7 years and 9
after the prosecution rested its case. This is certainly not produced the obfuscation was not far removed from the
months.
mitigating. commission of the crime by a considerable length of time,
------------------------------------------------------------------------------------- during which the perpetrator might recover his moral equanimity.  July 29, 1998 Memorandum report – Problem of Marlon
The foregoing elements were not proved to be present in instant Parazo is the severe defect or deafness. The presence of
PEOPLE v. JOSE ET AL. case. In fact, during accused-appellant's testimony, he even an organic disorder cannot be determined because of the
37 SCRA 450 (1971) stated that he was not jealous of his wife. latter’s inability to communicate. However, some degree of
Judgment: The trial court was correct in convicting accused- mental retardation was gathered with the use of ‘Paper and
Facts: Consolacion Javier Panit, who lives near her parent's appellant of the crime of parricide under Art. 246, RPC, as Pencil Test.’ His mental age is seven years and nine
house, heard her mother, Florentina shouting “Your father is amended by RA No. 7659, Sec. 5. The crime of parricide, not months. His IQ is 60.
going to kill me”. She and her siblings Alma and Manuel went to being a capital crime per se as it is not punishable by mandatory
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 Memorandum report of Dr. Rosa Mendoza of PGH – Mr.

Marlon Parazo is indeed hearing impaired and suffers from
mental retardation.
 Testimonies of the people who have known Marlon Parazo
since childhood corroborated the testimonies of the medical
experts. The mother of Parazo, barangay chairman, school
teacher stated that the appellant was deaf and mute.
 Based on the collateral information gathered from persons
who have known the patient since childhood, together with
the result of the diagnostic test at UP-PGH and evidenced
by the psychological report, it is now established that Marlon
Parazo is suffering from (1) Profound Hearing Loss, left ear;
(2) Severe Hearing Loss, right ear (3) Mental Retardation,
Mild.
 Records show that Parazo was tried without the benefit of a
sign language expert and he was only assisted by a person
who has been known to him since 1983.
 People v. Crisologo – absence of an interpreter in sign
language who could have conveyed to the accused, a deaf
mute, the full facts of the offense with which he was charged
and who could also have communicated the accused’s
version of the circumstances which led to his implication in
the crime, deprived the accused of a full and fair trial and a
reasonable opportunity to defend himself. Not even the
accused’s final plea of not guilty can excuse these
inherently unjust circumstances. The absence of a qualified
interpreter in sign language and of any other means,
whether in writing or otherwise, to inform the accused of the
charges against him denied the accused his fundamental
right of due process of law. The accuracy and fairness of
the factual process by which the guilt or innocence of the
accused was determined was not safeguarded. The
accused could not be said to have enjoyed the right to be
heard by himself and counsel, and to be informed of the
nature and cause of the accusation against him in the
proceedings where his life and liberty were at stake.