Lacanilao vs. CA, 162 SCRA 563 (1988) Digest

Effects of Mitigating Circumstances and Habitual Delinquency

18. Lacanilao vs. CA, 162 SCRA 563 (1988)

Student: G-one T. Paisones

Professor: Atty. Cisco Franz S. Maclang

Facts:

                The CFI of Manila found the petitioner, a policeman, guilty of homicide for the death of one Ceferino Erese.

CA lowered the penalty merely by one period applying Article 64, paragraph 2, of RPC, appreciating as it did incomplete justification as a mere generic or specific mitigating circumstance lowering the penalty to the minimum period. Accordingly, the penalty originally imposed by the CFI of Manila was modified and lowered by the CA to 6 years and 1 day of prision mayor, as the minimum, to 12 and 1 day of reclusion temporal, as the maximum.

Issue:

                WON CA erred in appreciating the incomplete justifying circumstance of fulfillment of duty as mere generic circumstance.

Held:

                YES

Ratio:

                The respondent Court erred. Incomplete justification is a special or privileged mitigating circumstance, which, not only can not be offset by aggravating circumstances but also reduces the penalty by one or two degrees than that prescribed by law. We agree with the petitioner that the governing provision is Article 69 of the RPC.  Consequently, Article 69 is applicable, for the requirement 'That the majority of such conditions be present" is immaterial since there are only two conditions in order that the circumstance in No. 5 of Article 11 may be taken into account.