G.R. No. 59 : January 11, 1902
THE UNITED STATES, complainant-appellee, vs. SIXTO ARRIBAS ALCACID, defendant-appellant.

FACTS:
In May 1899, in the barrio of Pongol, Ilocos Sur, the accused, Sixto Arribas Alcacid, encountered Victoriano Añon on the road. Upon seeing the accused, Añon fled. The accused pursued him with a bolo, overtook him in a lot, and assaulted him, inflicting several fatal wounds that caused Añon’s immediate death. Witnesses who followed saw Añon’s corpse but not the accused at the scene. The accused did not plead guilty but admitted to pursuing and assaulting the deceased. Evidence established that prior to this incident, the deceased had attempted to rape the accused’s wife, Perpetua Quejismundo, and fled when surprised. The accused claimed he acted to vindicate the grave offense against his honor and that of his wife, driven by passion and obfuscation.

ISSUE:
Whether the trial court correctly convicted the accused of homicide and properly considered the attendant mitigating circumstances in imposing the penalty.

RULING:
Yes. The Supreme Court affirmed the conviction for homicide under Article 404 of the Penal Code. The accused was the sole, direct, and convicted author of the violent death of Victoriano Añon, as proven by ocular inspection, expert testimony, documents, and witness accounts. The Court considered the privileged mitigating circumstance under Article 11 of the Penal Code (vindication of a grave offense to one’s honor or that of a spouse) and the ordinary mitigating circumstances of passion and obfuscation (Article 9, Nos. 5 and 7). No aggravating circumstances were present. Applying Rule 5 of Article 81 due to the presence of two mitigating circumstances, the penalty was reduced by one degree to the minimum period of prision mayor, the penalty next below that prescribed for homicide. The judgment of the lower court was affirmed in all respects.