GROUP 1: IGNACIO, JACQUELINE LESLIE S.

Art. 13 Mitigating circumstances. The following are mitigating circumstances

Par.5 That the act was committed in the immediate vindication of a grave offense
to the one committing the felony (delito), his spouse, ascendants, descendants,
legitimate, natural or adopted brothers or sisters, or relatives by affinity within the
same degrees.

PEOPLE VS. PARANA

FACTS:
One night, Primo Parana, the accused-appellant, had a loud and heated
discussion with one Lamay, causing Manuel Montinola, the deceased, to admonish
them. According to the testimony of Parana, Montinola slapped him that night in
front of many people and that when he talked to Montinola the following morning
(the day of the incident), the latter called him a fool. Parana then stabbed and
wounded Montinola who died 6 days later.
ISSUE:
Whether or not Art. 13, par. 5 is applicable in this case at bar.
RULING:
Yes. The offender was considered to have acted in the immediate vindication
of a grave offense committed against him a few hours ago by Montinola, the
deceased, when the latter slapped the accused-appellant in front of many people.
Although the slapping, which engenders perturbation of the mind, did not happen
immediately before the stabbing, still the court was of the opinions that because of
its gravity and the circumstances under which it was inflicted, its influence lasted
until the moment the crime was committed.