Licyayo vs. People- Sufficient Provocation and Intoxication

G.R. No. 169425, March 4, 2008

FACTS:

Licyayo was charged of Homicide with the RTC when he stabbed Rufino in different parts of the body. The RTC convicted Licyayo guilty of the crime Homicide there being no attending aggravating or mitigating circumstances.

The petitioner appealed contending that sufficient provocation and intoxication should be taken as mitigating circumstances attendant in the case. He insisted that there is sufficient provocation because it was the deceased who punched him first and when the incident ensued he was intoxicated.

ISSUE:

Whether or not sufficient provocation and intoxication should be considered as mitigating circumstances attendant in the case.

HELD:

The records do not sufficiently establish who between Rufino and Aron started the brawl which resulted in the stabbing of Rufino by petitioner. Granting arguendo that there was unlawful aggression on the part of the victim, it is obvious that immediately he became the underdog, literally even. He was easily overpowered by the bigger and sober Aron Licyayo. Sufficient provocation therefore cannot be appreciated in favor of the petitioner.

As testified by the police officers, they said that petitioner indeed was drunk when the scuffle ensued. However, these testimonies alone do not suffice as proof to appreciate intoxication as a mitigating circumstance. In the case at bar, there is no plausible evidence showing that the quantity of liquor taken by petitioner was of such quantity as to affect his mental faculties. On the contrary, the fact that petitioner could recall the details that transpired during and after his drinking session with friends is the best proof that he knew what he was doing during the incident.