People vs Germina, 290 SCRA 146, G.R. No.

120881, May 19, 1998

Topic: Article 13. Mitigating Circumstances. — The following are mitigating circumstances:
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6. That of having acted upon an impulse so powerful as naturally to have produced passion or
obfuscation.
7. That the offender had voluntarily surrendered himself to a person in authority or his agents, or
that he had voluntarily confessed his guilt before the court prior to the presentation of the
evidence for the prosecution.
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Facts:
- The defendant was charged with, tried for and thereafter convicted of murder of
Raymund Angeles without any justifiable cause, with treachery, evident premeditation
and with deliberate intent to kill.
- Nov. 9, 1994 when Elpidio Germina had a heated conversation with the family of
Angeles (inside the house of Angeles) about Raymund assaulting the mentally retarded
brother of Germina.
- As Raymund arrived, Germina took out his gun and fired at Raymund. Raymund tried to
escape but tripped over a lamp and fell flat on his face. Germina fired at Angeles
resulting to the death of the latter.
- After the incident, Germina surrendered to the authorities.
- Autopsy report revealed that Raymund succumbed to a gunshot wound found at the
back right side of his buttock and the death bullet has a downward trajectory, suggesting
the victim must have been in a lying, face-down position when fired upon.
- Germina appealed to the court praying not for acquittal but be convicted of homicide
only. He claimed that there is no treachery even it be conceded that he gunned down
Raymund from behind.
Issues:
- WON the Germina is guilty of murder with treachery or was there any mitigating
circumstances.
Ruling:
- Germina committed the serious crime due to the maltreatment/physical injuries inflicted
by the victim on his mentally retarded brother that triggered his anger which
diminish/weaken the exercise of his power which is a mitigating circumstance of passion.
- Germina also voluntarily gave himself up to the authorities thus triggering another
mitigating circumstance.
- Existence of treachery was also negated due to the fact that the victim was shot at the
back while attempting to run away from his assailant would not per se qualify the crime
to murder.
- Court ruled that the crime shall only be homicide considering the presence of two (2)
mitigating circumstances and the absence of any aggravating circumstance.