Mr. X and Mr. Y engaged in a violent fistfight which Mr. X instigated. This culminated in Mr. X repeatedly smashing Mr. Y’s head on the concrete pavement. Thereafter, Mr. X left Mr. Y barely breathing and almost dead. A few minutes after the incident, Mr. X immediately went to the police station to confess what he did and told the police where he left Mr. Y. Fortunately, the police rescued Mr. Y and he survived with the help of timely medical intervention. Mr. X was then charged in court with Frustrated Homicide, to which he openly confessed his guilt upon arraignment.
(a) Based on the above-stated facts, what is/are the mitigating circumstance/s that may be appreciated in favor of Mr. X. Explain. (2%)
(b) Under the Revised Penal Code, Homicide is punished with the penalty of reclusion temporal. Without applying the Indeterminate Sentence Law, what penalty should be imposed against Mr. X assuming that he is found guilty of the charge of Frustrated Homicide, and that the presence of two (2) ordinary mitigating circumstances have been duly alleged and proven? Explain. (3%)
Suggested answer only. Not an official answer and not legal advice.
(a) Voluntary surrender and plea of guilt may be appreciated for Mr. X; and (b) the imposable penalty is prision correccional in its medium period. Under Article 13(7) of the RPC, voluntary surrender and plea of guilt before prosecution
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Quick check
What requisites must concur for voluntary surrender to be appreciated as a mitigating circumstance under Article 13(7) of the RPC?
Voluntary surrender requires that the offender surrenders spontaneously to a person in authority prior to arrest.
When must an accused enter a voluntary plea of guilt to qualify as an ordinary mitigating circumstance?
Article 13(7) requires a voluntary plea of guilt in open court prior to the presentation of prosecution evidence.
Under Article 50 of the Revised Penal Code, what is the penalty for a frustrated felony relative to a consummated felony?
Article 50 provides that the penalty for a frustrated felony is lower by one degree than for a consummated felony.
Under Article 64, paragraph 5 of the Revised Penal Code, what is the effect of two ordinary mitigating circumstances without any aggravating circumstance?
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What is the penalty for Frustrated Homicide when two ordinary mitigating circumstances are present and no aggravating circumstances exist?
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Learn more about these topics
1. Voluntary Surrender
Under Article 13, paragraph 7 of the Revised Penal Code, voluntary surrender is an ordinary mitigating circumstance when the offender spontaneously surrenders to a person in authority or his agents before arrest. To be appreciated, the surrender must be voluntary, spontaneous, and made prior to actual arrest, showing intent to submit unconditionally to authorities.
2. Voluntary Plea
Under Article 13, paragraph 7 of the Revised Penal Code, voluntary plea of guilt is an ordinary mitigating circumstance when the accused spontaneously confesses his guilt in open court prior to the presentation of prosecution evidence. It demonstrates remorse and saves the state the time and expense of a full-blown trial.
3. Penalty Graduation
Under Article 50 in relation to Article 64, paragraph 5 of the Revised Penal Code, the presence of two or more ordinary mitigating circumstances without any aggravating circumstance lowers the imposable penalty by one degree. When applied to frustrated homicide, where the penalty for consummated homicide is reclusion temporal, the penalty is first lowered to prision mayor for the frustrated stage, and then lowered by another degree to prision correccional due to two mitigating circumstances.