THE PEOPLE OF THE PHILIPPINES, 

plaintiff-appellee,
vs.
PRIMO PARANA, defendant-appellant.
G.R. No. L-45373             March 31, 1937

Facts: 
Parana was convicted of the crime of murder with the penalty of reclusion perpetua
and to indemnify the heirs of the deceased. The aggravating circumstances that the
appellant is a recidivist and that there was treachery must be taken into
consideration. 

Issue: Are mitigating circumstances attendant? 

Held:
        The fact that the accused was slapped by the deceased in the presence of
many persons a few hours before the former killed the latter, was considered a
mitigating circumstance that the act was committed in the immediate vindication of
a grave offense. Although 
the grave offense (slapping of the accused by the deceased), which 
engendered perturbation of mind was not so immediate, it was held 
that the influence thereof, because of its gravity and the circumstances under which
it was inflicted, lasted until the moment the crime was committed. The other
mitigating circumstance that the 
appellant had voluntarily surrendered himself to the agents of the authorities must
be considered. 

Surrender is not mitigating when the defendant was arrested. But where a person,
after committing the offense and having the opportunity to escape voluntarily
waited for the agents of the authorities and voluntarily gave himself up, he is
entitled to the benefit of this circumstance, even if he was placed under arrest by a
policeman then and there.