G.R. No. L-2106

FACTS:
The accused, Jose R. Padilla, an enlisted man of the Constabulary, was on sentry duty at the barracks in Isabela de Basilan. The deceased, Emiliano de los Santos, jested about Padilla’s singing. Padilla warned Santos to stop, as he was on duty and not allowed to talk. When Santos repeated the jest, Padilla warned he would strike him with his rifle butt. Santos then, still in a spirit of fun, grasped Padilla by the throat with both hands. Padilla freed himself and immediately fired his rifle at Santos, inflicting a mortal wound that caused instant death. Padilla was charged with and convicted of homicide by the Court of First Instance of Zamboanga.

ISSUE:
Whether the accused is entitled to the exempting circumstance of self-defense, or if the attendant circumstances mitigate his criminal liability for the crime of homicide.

RULING:
The Supreme Court affirmed the conviction for homicide but modified the penalty. The exempting circumstance of self-defense under Article 8(4) of the Penal Code is not applicable. The act of the deceased in grasping the accused’s throat, though imprudent, was done in a spirit of fun between companions in arms and did not constitute the requisite “previous unlawful aggression” necessary for self-defense. However, the Court found the presence of two mitigating circumstances under Article 9 of the Penal Code: (1) sufficient provocation on the part of the deceased (No. 4), and (2) that the accused acted upon an impulse of passion or obfuscation (No. 7). No aggravating circumstances attended the crime. Applying the rules for the application of penalties with mitigating circumstances, the penalty was reduced from reclusion temporal to the penalty next lower in degree, which is prision mayor. The accused was sentenced to six years and one day of prision mayor, with the corresponding accessories, and ordered to indemnify the heirs of the deceased.