People vs.

Magpantay Penal Code provides that: "When there are two or more mitigating
(C.A., 46 O.G. 1655) circumstances and no aggravating circumstances are present, the court
Facts: In the night of May 8, 1947, Felix and Pedro took turns shall impose the penalty next lower to that prescribed by law, in the
to guard, so that when one was asleep the other was awake. At about period that it may deem applicable, according to the number and nature
nine o'clock when Pedro was asleep, the silhouette of a man passed in of such circumstances." The penalty for homicide is reclusion temporal.
260 The next lower penalty is prision mayor, which may be imposed in the
MITIGATING CIRCUMSTANCES Art. 13 period that the court may deem applicable according to the number
Incomplete Justifying or Exempting Circumstances Par. 1 and nature of such circumstance.
261 In view of the foregoing, this Court finds the accused Pedro
front of their house without any light. The night was dark and it was Magpantay guilty of homicide, with two very marked mitigating
drizzling. The coconut trees and the bushes on the sides of the road circumstances, and modifies the judgment appealed from by imposing
increased the darkness. When Felix saw the silhouette, he asked it upon him the penalty of from six (6) months and one (1) day of prision
who it was, but it walked hurriedly, which made Felix suspicious as it correccional to six (6) years and one (1) day of prision mayor.
might be a scouting guard of the Dilim gang. Felix fired into the air,
yet the figure continued its way.
When Pedro heard the shot, he suddenly grabbed the rifle at his
side and fired at the figure on the road, causing the death of the man.
This man was afterward found to be Pedro Pinion, who was returning
home unarmed after fishing in a river.
The accused voluntarily surrendered to the barrio-lieutenant and
then to the chief of police.
Held: The accused acted under the influence of the fear of being
attacked. Having already in his mind the idea that they might be
raided at any moment by the Dilim gang and suddenly awakened by
the shot fired by Felix, he grabbed his gun and fired before he could
be fired upon. The fear, however, was not entirely uncontrollable, for
had he not been so hasty and had he stopped a few seconds to think,
he would have ascertained that there was no imminent danger.
He is entitled to the mitigating circumstance of grave fear, not
entirely uncontrollable, under paragraph 1 of Article 13 in connection
with paragraph 6 of Article 12 of the Revised Penal Code. That said
two provisions may be taken together to constitute a mitigating
circumstance has been declared by the Supreme Court of Spain in its
decision of February 24, 1897 and by Groizard. (Codigo Penal, Vol. I,
pp. 370-372, Third Edition)
Consequently, there are two marked mitigating circumstances
in favor of the accused. Article 64, in paragraph 5, of the Revised