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suddenly emerged from the thick banana plantation, aiming his firearm at Boholst. Jose tried to wrest possession of the firearm. While the two were grappling, the gun fired, hitting Carlito who immediately fell to the ground. At that instant, Marcelo Bates and his son Marcelo Jr., emerged from the banana plantation, each brandishing a bolo. They immediately attacked Jose hacking him several times. Jose fell to the ground and rolled but Marcelo and his son kept on hacking him. Marcelo, then, turned to Simon and Edgar and shouted "huwes de kutsilyo". Simon and Edgar ran.Upon being informed by that Jose was waylaid, the wife of Jose went to the place of incident reportedly happened which is less than a hundred meters from their house. There, she saw Marcelo and his son Marcelo, Jr. hacking Jose who was lying face up. She pleaded for them to stop but they did not listen. She did not see Carlito. She went home fearing for her life, thinking that Marcelo and his son might turn their ire on her.

Contention of the ACCUSED: Ponciano was sent by Barangay Sano to get a chicken from Marcelo‘ house. While they were trying to catch a chicken, they noticed Boholst, Edgar, and Fuentes approach the house of Carlito Bates, 20 meters away from Marcelo‘s house. Thereafter, they saw Jose drag Carlito out of the latter‘s house while both were arguing and grappling. Marcelo immediately ran towards Jose and Carlito but when Marcelo was about to approach them, Jose shot Carlito with a gun. Edgar and Simon ran away. Upon seeing Carlito fall to the ground, Marcelo attacked Jose but the latter also fired a shot at him. Marcelo was able to duck and avoid being shot. Jose was about to shoot Marcelo a 2nd time but the latter retaliated by hacking Jose with a bolo hitting him on his neck and causing him to fall to the ground. Marcelo then went to the aid of his brother Carlito but upon seeing that he was already dead, he went back to where Jose was lying and again hacked him. Ponciano picked up the gun used by Jose and surrendered it to Barangay Captain Sano. Marcelo also surrendered himself to the said barangay captain. During the whole incident Marcelo Bates, Jr. was not present.

ISSUE: WON THE TRIAL COURT GRAVELY ERRED IN NOT CONSIDERING PASSION AND OBFUSCATION AS A MITIGATING CIRCUMSTANCE.

Passion and obfuscation may not be properly appreciated in favor of appellant. To be considered as a mitigating circumstance, passion or obfuscation must arise from lawful sentiments and not from a spirit of lawlessness or revenge or from anger and resentment. In the present case, clearly, Marcelo was infuriated upon seeing his brother, Carlito, shot by Jose. However, a distinction must be made between the first time that Marcelo hacked Jose and the second time that the former hacked the latter. When Marcelo hacked Jose right after seeing the latter shoot at Carlito, and if appellant refrained from doing anything else after that, he could have validly invoked the mitigating circumstance of passion and obfuscation. But when, upon seeing his brother Carlito dead, Marcelo went back to Jose, who by then was already prostrate on the ground and hardly moving, hacking Jose again was a clear case of someone acting out of anger in the spirit of revenge.

PASSION OR OBFUSCATION DANAFRATE v PEOPLE 412 SCRA 357 PROSECUTION‟S VERSION: Reynaldo Francia saw Miguel Danofrata engage in a slugging match with his wife, Leonor. She struck Miguel with a plastic chair, while he punched her. Miguel ran home but shortly afterwards, he rushed outside again, kicking the neighbors he encountered. In turn, without further ado, 3 of the neighbours whom he had treated so uncivilly ganged up on him and mauled him, causing petitioner to run home anew.Miguel armed himself with a knife and went back to the place where he had received a mauling. He proceeded to the house of Mario Gonzales, the father of Alfredo Loloy Gonzales. Miguel challenged Mario to a fight. At this juncture, Miguel spotted Alfredo, who was on his way home. Without warning, petitioner stabbed Alfredo in the chest fatally. Horrified, Francia called the police. Miguel fled. Benjamin Bautista, who was then on his way to to buy medicine, saw the Miguel fleeing

CONTENTION OF THE ACCUSED: He narrated that on Oct 9, 1994; he was withVergel Gaspar and Jojo Tambio having a drinking spree at his house when Miguel‘s wife arrived and started an argument which turned violent and his wife lunged at him with a chair, but he was able to parry the blow. The scene was witnessed by his neighbors playing panya. They began laughing at him and petitioner felt humiliated. Because of his annoyance, petitioner said he kicked the panya table. This incensed his neighbors and a melee erupted with 3 of his neighbors ganging up on him. Miguel said he received a beating, but he was able to run home and got hold of a knife. He proceeded to the house of Mario Gonzales, where he saw 2 of his neighbors who mauled him, Sonny and Dingdong talking with Mario. Upon seeing 2 of his assailants, petitioner said he went berserk. He shouted Akala ninyo natatakot ako sa inyo. Mario whipped out a gun and pointed it at him, prompting petitioner to seek cover. Suddenly, he was struck from behind by Rey with a length of lead pipe, while Alfredo Gonzales stabbed him from the back with a knife.According to petitioner, although he was himself badly injured and bleeding, he ran away from the scene of the fracas, but found himself being chased by his tormentors. He heard a gunshot and Mang Mario yelling, Habulin nyo, habulin nyo, hold-upper yan . Miguel ran and sat on a rock to rest and examines his injuries. He heard another gunshot from behind him. He saw Mario handing the gun he was holding to another person. Petitioner then crawled into a canal to hide. He was still there when Redentor Tiburcio came up holding a gun. On seeing him, Tiburcio said, Patay na si Loloy,then shot at him but missed. Petitioner then ran away to seek refuge. Petitioner stated that despite his injuries, he did not bother to report the incident to the police. Nor did he file any charges against Mang Mario and other neighbors because, petitioner said, he was only a lowly paid driver who had neither the time nor the money to pursue a legal case.

ISSUE:But was the appellate court correct in sustaining the trial courts finding that the petitioner was entitled to a mitigating circumstance analogous to passion and obfuscation?

HELD:Passion and obfuscation exist when (1) there is an act, both unlawful and sufficient to produce such a condition of the mind, and (2) the said act which produced the obfuscation was not far removed from the commission of the crime by a considerable length of time, during which the perpetrator might recover his normal equanimity. There is passion and obfuscation when the crime was committed due to an uncontrollable burst of passion provoked by prior unjust or improper acts, or due to a legitimate stimulus so powerful as to overcome reason. In this case it was established that petitioner and his wife had a violent altercation and that petitioner was mauled by his neighbors after he kicked some of them for laughing at him. These events and

circumstances prior to the killing of Alfredo Gonzales could have caused unusual outbursts of passion and emotion on petitioner‘s part. These resulted in the tragic stabbing of the victim thus entitling petitioner to the mitigating circumstance analogous to passion and obfuscation.

VOLUNTARY SURRENDER PEOPLE v MALLARI SCRA 404 SCRA 170 PROSECUTION‘S CASE: Liza Galang testified that on July 7, 1996her common-law husband Joseph admonished Rufino and his brothers Ino and Felix Mallari not to drive fast while passing by Josephs house. Rufino and his brothers, who were then hot-tempered, challenged Joseph to a fight. The latter just ignored the challenge; and, instead he and his own brothers Radi and Manny asked apology from Rufino.Later that afternoon, while Joseph and Liza were watching a basketball game at the barangay basketball court, Rufino and his brothers, who were then carrying bladed weapons, arrived and attempted to stab Joseph; but Joseph was able to run away. When they were not able to catch up with him, Rufino boarded and drove the truck parked near the basketball court and continued chasing Joseph until the truck ran over the latter, which caused his instantaneous death.Edgar Bawar, while Joseph was watching a basketball game, Rufino and his brothers Ino and Felix, who were carrying bladed weapons, arrived and chased Joseph. Joseph ran away, and Rufino pursued him with the truck. Upon catching up with him, Rufino bumped Joseph, as a result of which the latter died on the spot.

Dr. Erwin Escal testified that the cause of death of Joseph, was crushing injury on the head secondary to vehicular accident

CONTENTION OF THE ACCUSED:Rufino testified while he was driving a truck at a speed of80 KPH, with his wife Myrna seated on the passenger side, he saw Joseph on the road about 4 meters away from him. Rufino, who was then on his way to the garage to park the truck, blew thrice the horn. But Joseph went to the middle of the road and threw stones, which went through the windshield and hit Rufino on the chest. As a result thereof, Rufino lost control of the truck, and ran over Joseph. Because of fear, Rufino did not alight from the truck; instead, he proceeded to the municipal hall of Sta. Rosa, Laguna, where he surrendered and was immediately detained.Myrna Mallari testified that prior to the incident in question, she saw Joseph at the basketball court. He was apparently drunk and was carrying a balisong. Much to her consternation, he gave a dagger look. Myrna reacted by simply crying and going inside her house. She corroborated Rufinos testimony that while Rufino was driving the truck, Joseph threw stones, which went through the windshield and hit the chest of Rufino. As a result of which, Rufino had chest pains and vomited blood while in detention.

ISSUE: WON THE APPELLANT IS ENTITLED TO THE MITIGATING CIRCUMSTANCE OF VOLUNTARY SURRENDER.

When the commission of the act is attended by some mitigating circumstances and there is no aggravating circumstance, the lesser penalty shall be applied. In the present case, the aggravating circumstances of evident premeditation and treachery, which were alleged in the information, were not proved. What was proved was the mitigating circumstance of voluntary surrender through the testimonies of Rufino and Myrna, which were not rebutted by the prosecution.We have held that for voluntary surrender to be appreciated as a mitigating circumstance, the following requisites must concur: (1) the offender had not been actually arrested; (2) the offender surrendered himself to a person in authority or to an agent of a person in authority; and (3) the surrender was voluntary.A surrender is considered voluntary if it is

spontaneous and shows the intention of the accused to submit himself unconditionally to the authorities because he either acknowledges his guilt or wishes to save the government the

trouble and expense necessarily included for his search and capture. All these requisites are

present in this case.

The appealed decision of the RTC convicting appellant RUFINO MALLARI of the crime of murder is hereby AFFIRMED with the following modifications:

1. The penalty is reduced from death to reclusion perpetua;

2. The award of exemplary damages in the amount of P50,000 is reduced to P25,000, and the awards of actual and moral damages are reduced toP9,200 and P50,000, respectively; and

3. Appellant Rufino Mallari y Ilag is further ordered to pay the heirs of Joseph Galang an indemnity ex delicto in the amount of P50,000.

VOLUNTARY SURRENDER PEOPLE v VICENTE 405 SCRA 40 CONTENTION OF THE ACCUSED: On May 30, 1998, while Vicente was having supper, his brothers-in-law, Anoy and Sonny, quarreled. Anoy was abrasively scolding Sonny for smoking and gambling. This caused the latter to howl at the top of his voice. The victim,Manuel C. Quinto Jr, then Chairman of SK, responded to Sonnys unusual cry. He entered appellant‘s house and suddenly pushed Anoy, causing him to fall to the floor. Vicente pacified the victim saying, dont

mind them because they are brothers and Anoy is only advising Sonny. The victim felt insulted by

such remark and said, Is that it? I am insulted. I regret coming here. Thus, he went home and got a steel pipe. Upon his return, he hit appellant at his upper left armand shouted at him, You are

shit, vulva of your mother, I will kill you today.But appellant was able to seize the steel pipe from

the victim, prompting the latter to retreat and go home.Present during the squabble were appellants wife Linda and sister Hilda. Linda advised appellant not to mind the victim, while Hilda called Kagawad Elias Fernandez. Appellant reported to the latter the unpleasant incident. While they were talking outside the house,the victim passed by. He approached Kagawad Fernandez and invited him to go to the dance hall.Then he tapped appellants right shoulder,causing him to be pushed a little bit backward. Without any warning, the victim pulled out a knife and tried to stab appellant, shouting, I will see to it that I will kill you tonight. Appellant held the victims wrist and they grappled for the possession of the knife.While the knife was pointed at the victim, appellant accidentally stabbed him.Vicente surrendered to Kagawad Fernandez who, in turn, brought him

to the police station.

PROSECUTION‟s CASE:Ronald Terte narrated that he was in the house of the victim, there being a barrio fiesta. They heard unusual cries from the neighborhood. So they proceeded to appellant‘s house and found that his brothers-in-law, Anoy and Sonny, were quarrelling.The victim tried to pacify Anoy. This infuriated appellant, thus, he drew a rambo knife and aimed it at the victim. Threatened, he and Ronald immediately went home.Thereafter, appellant followed the victim to his house and challenged him to a fight. The victim could only answer back, If you want

we will rent a box ring and we will fight. At around 9:45 o clock in the evening, the victim and

Terte returned to the house of appellant as the former intended to talk to him. On their way, they saw appellant conversing with Kagawad Fernandez. The victim greetedKagawad Fernandez who inquired, Are we going to the dance hall?The victim answered yes. Then as a gesture of reconciliation, he extended his hand to appellant. However, appellant suddenly drew a knife and stabbed the victim in the chest. The victim uttered, Pare, I was hit. Ronald immediately brought him to the hospital but he was pronounced dead on arrival.Jose Noe, Sr., 64, testified that he saw appellant and Kagawad Fernandez engaged in a serious conversation. He heard appellant saying, he would kill the victim. At that time, the victim and his companion passed by. Upon seeing Kagawad Fernandez, the victim greeted him, Kagawad, you are here. Kagawad Fernandez then answered yes. Then the victim advised appellant to forget what had happened.At this point, appellant abruptly drew his knife and stabbed the victim in the chest.

ISSUE: The court should have appreciated the mitigating circumstance of voluntary surrender.

Significantly, the trial court should have appreciated in favor of appellant the mitigating circumstance of voluntary surrender under Article 13 of the Revised Penal Code. For voluntary

surrender to be considered as a mitigating circumstance, the following requisites must concur: (1) the offender has not been actually arrested; (2) he surrenders himself to a person in authority; and (3) the surrender is voluntary. Here, appellant, after the commission of the crime, immediately placed himself in the disposition of Kagawad Fernandez who, in turn, brought him to the police station. Under Section 388 of the Local Government Code (Republic Act No. 7160),for purposes of the Revised Penal Code, Kagawad Fernandez is a person in authority. Clearly, the

VOLUNTARY SURRENDER PEOPLE v OCO 412 SCRA 190 PROSECUTION‟S CASE:Surviving victim Herminigildo Damuag on Nov 24, 1997, he was driving his motorcycle with Alden Abiabi riding with him at the back. When they reached Pica Lumber, a white car overtook their motorcycle and blocked their path, forcing him to slow down. Another motorcycle, with 2 riders on it, appeared behind the first motorcycle. From a distance of 2- 3meters, 1 of the riders of the second motorcycle suddenly fired 2 shots in close succession. Damuag attempted to look at the tires of his motorcycle, thinking that they have exploded. Suddenly, Abiabi pushed him with his body. Abiabi fell from the motorcycle and slumped on the pavement face down. The white car sped away. As Damuag was trying to control his motorcycle, he noticed another motorcycle (third motorcycle) passed by from behind him. His motorcycle zigzagged towards the gutter. Damuag was thrown off and hit the ground. He stood up and realized that he was hit at the right side of his body. He then heard a burst of gunfire from behind. Oco was at the back of the third motorcycle, fired his gun at him but missed. Damuag was able to run. However, the third motorcycle chased him. Upon reaching the vicinity of Five Brothers restaurant, Damuag stopped because he could not pass anymore. From a distance of about 4-5 meters, Oco again fired 2 more shots at Damuag.Damuag was rushed to the Hospital. He survived the attack due to the timely medical attention given to him. Abiabi did not survive the ambush. He sustained 8 gunshot wounds on the different parts of his body. The prosecution theorized that the shooting incident was drug-related. The late Abiabi was a known anti-drug advocate while the Oco was a suspected drug lord.

CONTENTION OF THE ACCUSED: Oco claimed that on Nov 24, 1997, he played mahjong from 3-9 pm. At around 9 pm, he went home and went out to look for his 5- year old son. Not able to find his son, Oco proceeded to Sambagan to meet Boy Misa.. Oco also passed by the Our Lady of Lourdes Chapel and noticed the door opened so he went in to look at the clothes of the Virgin for he intended to change the Virgin‘s clothes for the forthcoming fiesta celebration. Upon entering the chapel, the appellant saw a group of women who informed him that the scheduled meeting was postponed. Oco was seated at the cement floor for a few minutes when he heard an