People vs. Comillo, G.R. No.

186538, November 25, 2009 (Passion)

Facts:
Accused appellants Ausencio Comillo Jr., Lutgardo Comillo and Romulo Altar are
convicted guilty in the Regional Trial Court of Eastern, Samar for killing Pedro Barbo on
December 18, 1999. On that evening, while Pedro was walking on Escalo street on his
way home, the appellants approached him and asked for cigarettes. Pedro gave all his
cigarettes to Ausencio and Lutgardo, while he told Romulo that he will buy a cigarette
on the nearby store. While walking towards the store, Ausencio embraced and held
Pedro on his shoulders while Romulo hit the victim with a ukulele on the head, and
Romulo stabbed the victim on the stomach. Appellants then fled the scene, and several
persons rushed Pedro to the hospital. He would later die for the stab wounds, as it
penetrated his intestines and blood vessel. Testimony of witnesses identified the
appellants positively. On defense, the appellants denied the crime. Ausencio presented
an alibi, while Lutgardo and Romulo invoked self-defense. The CA also denied the
appeal, wherein the appellants raised their argument on the mitigating circumstance of
passion and obfuscation.

Issue:
Whether or not the mitigating circumstance of passion and obfuscation applies to the
case.

Held:
The court ruled in the negative. Article 13 paragraph 6 defined the mitigating
circumstance of passion and obfuscation as it rose from an impulse that naturally
produced it. The requisites of this defense is that it was produced by an unlawful and
sufficient condition, and the act be done not far removed from the commission of the
crime. In the case at bar, the defense failed to show that the appellants acted on a
strong impulse that produced obfuscation. It was shown by testimonial evidence that the
deceased was walking home peacefully and the appellants attacked him for no reason
at all. Therefore, the court affirmed the decision of the CA and sentenced the appellants
guilt for the crime of murder.