G.R. No.

L-45100 October 26, 1936

THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee,

vs.
EPIFANIO DIOKNO and ROMAN DIOKNO, defendants-appellants.

VILLA-REAL, J.:

FACTS: Salome Diokno asked her lover, Yu Hiong, a Chinese national to take her with him. In the afternoon of the
same day, they took a car and went to Pagbilao, but went to Laguna as there was no one in the said house. Roman
Diokno telegraphed his father, Epifanio Diokno that Salome had eloped with Hiong. Three days later, Epifanio and
Roman went to Laguna and saw Hiong at the house of Layco. They ran up to Hiong who was in his knees begging for
forgiveness. Hiong was stabbed in five different areas in his body, one of his back and one was on his left side. Epifanio
would have killed Hiong were it not for Roman when he intervened and said, “Enough, Father!”

Juan Alcantara saw the Dioknos pursue Hiong and fired shots for the police to come. Upon hearing the shots, municipal
policeman Francisco Curabo arrived Epifanio was apprehended, Roman was also apprehended three days later. They
were found guilty of murder by the CIF of Laguna and was sentence to recusion perpetua.

The Dioknos allege that the CIF failed to apply the mitigating circumstance of immediate vindication of a grave offense,
and that Epifanio should not be sentence to reclusion perpetua.

ISSUE: WON the mitigating circumstance of an immediate vindication of a grave offense may be taken into
consideration in favor of the accused

RULING: Yes, the mitigating circumstance may be applied in the case of the Dioknos.

According to Article 13, par. 5 of the RPC, The following are mitigating circumstance: xxx 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 or legitimate, natural or adopted brothers or sisters, or relatives by affinity in the same degrees.

In the present case, although the elopement took place on January 4, 1935, and the aggression on the 7th of said
month and year, the offense did not cease while Salome's whereabouts remained unknown and her marriage to
the deceased unlegalized. Therefore, there was no interruption from the time the offense was committed to the
vindication thereof. The Dioknos belong to a family of old customs to whom the elopement of a daughter with a man
constitutes a grave offense to their honor and causes disturbance of the peace and tranquility of the home and at the
same time spreads uneasiness and anxiety in the minds of the members thereof.

Thus, the penalty of reclusion perpetua be mitigated to an indeterminate penalty from two years and one day of prision
correccional to eight years and one day of prision mayor.