E. Alternative Circumstance
a. Intoxication
PP v CAMANO
115 SCRA 688
FACTS:
The accused, who had been drinking, stabbed the victim Godofredo Pascua twice from behind
with a bolo called "palas," thereby causing his death and another victim Mariano Buenaflor who was
in a kneeling position with his head "stooping down" when he was hacked on the head and
continuously stabbed until he died.
ISSUE:
Whether or not the intoxication of the accused be considered mitigating as intoxication was
not habitual.
RULING:
Yes.
RATIO DECIDENDI:
The intoxication of the appellant not being habitual, and considering that the said appellant
was in a state of intoxication at the time of the commission of the felony, the alternative circumstance
of intoxication should be considered as a mitigating circumstance.