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CIRCUMSTANCES WHICH AFFECT CRIMINAL LIABILITY

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.