- Petitioner
- People
- Respondent
- Oandasan
- Citation
- G.R. No. L-29532
- Court
- Supreme Court
- Decided
- September 28, 1968
Proper penalty computation for homicide considering plea of guilty, incomplete self-defense, and other mitigating circumstances
Summary
The Supreme Court modified a homicide conviction, correcting the trial court's penalty computation. Defendant Oandasan killed Duldulao in what the Court found to be incomplete self-defense after Duldulao attacked him with a wooden club. The Court ruled that defendant's guilty plea at the Court of First Instance should be considered mitigating despite his earlier not guilty plea during preliminary investigation, since the Municipal Court lacked jurisdiction over homicide. Finding incomplete self-defense present (unlawful aggression and lack of sufficient provocation, but unreasonable means employed), plus ordinary mitigating circumstances of guilty plea and voluntary surrender, the Court applied a two-degree penalty reduction under Articles 69 and 64(5) of the Revised Penal Code. The penalty was reduced from the trial court's 2-8 years imprisonment to 4 months to 2 years, 4 months and 1 day. The decision demonstrates proper application of privileged and ordinary mitigating circumstances in criminal penalty computation.