Article 13- Mitigating Circumstances Issue: WON Urbano is entitled to the mitigating

circumstances in nos 3 and 4 of Art. 13 of the RPC

Urbano vs People
Facts: Rodel Urbano (accused) and Brigido Tomelden
(victim) were drinking with their co-workers. Tomelden
got drunk and insulted Urbano they then got into a
heated argument which resulted to a fist fight. They
were stopped by their companions for a moment but
they continued to spar and Ubano, threw his “lucky
punch” towards the face of Tomelden which caused
the victim to topple down and was about to hit his
head on the ground but fortunately, was caught by
their companions.
By Urbano’s blow, Tomelden received a
bloody nose and was unconscious. He was brought by
his co-workers to the general manager’s office where
he spent the night. The following morning, he was still
in the compound, he went home and told his wife,
Rosario, about the fight between him and Urbano and
he complained that his nape, head and ear were
hurting. Rosario then brought him to a hospital where
Dr. Arellano treated his lacerated index finger,
contusions, and hematoma at the right cerebrum.
On October 2 and 7, 1993 Tomelden was
brought again to the same hospital as he complained
of dizziness, headache and other pains. The doctors
observed him to be in a state of drowsiness and
vomiting.
Ruling: Yes. Urbano is entitled to the mitigating
circumstances. Tomelden’s insulting remarks directed
at petitioner and uttered immediately before the fist
fight constituted sufficient provocation. This is not to
mention other irritating statements made by the
deceased while they were having beer in Bugallon.
Petitioner was the one provoked and challenged to a
fist fight.
The mitigating circumstance that petitioner had
no intention to commit so grave a wrong as that
committed should also be appreciated in his favor.
While intent to kill may be presumed from the fact of
the death of the victim, this mitigating factor may still
be considered when attendant facts and
circumstances so warrant, as in the instant case.
Petitioner tried to avoid the fight, being very much
smaller than Tomelden. He tried to parry the blows of
Tomelden, albeit he was able, during the scuffle, to
connect a lucky punch that ended the fight. And lest it
be overlooked, petitioner helped carry his unconscious
co-worker to the office of the LIWAD’s general
manager.

The following day (Oct. 8) Tomelden’s wife

brought him to another hospital and diagnosed him
with brain injury, secondary to a mauling to
consider cerebral hemorrhage.

Tomelden was confined the same day but was

discharged at 3 PM due to financial constraints. As
Tomeldo went home, he again complained of extreme
head pain which his wife took him to the previous
hospital where Dr. Arellano noted that the victim
appeared to be semi-conscious, sleepy,
uncooperative and not responding to any stimulant.
Tomelden died at 9 PM the same day of cardio
respiratory arrest secondary to cerebral
concussion with resultant cerebral hemorrhage
due to mauling incident.

Ubrano was charged with homicide

RTC: guilty beyond reasonable doubt of homicide

CA: affirmed the RTC