Licyayo vs.

People- Sufficient Provocation and Intoxication

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.