People vs.

Torpio

FACTS:

Dennis and Anthony were friends who went on a drinking spree. Anthony attacked Dennis for not
wanting to drink anymore and Dennis, in retaliation, Dennis ran home to get his knife and stabbed
Anthony to death. The court found the accused guilty for the crime of murder and sentenced him in
favor of the following mitigating circumstances: a. sufficient provocation on the part of the offended
party, b. the accused acted to vindicate immediately grave offense committed by the victim, and c.
voluntary surrender.

ISSUE: w/n the liability of the accused should be mitigated

HELD:

YES. However, only two out of the three mitigating circumstances laid out by the lower court is present.
The mitigating circumstance of sufficient provocation cannot be considered. Therefore, the court
decided in favor of the accused, that he is only guilty for homicide and not for murder.