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Mayor As Minimum, To Two (2) Years, Four (4) Months and One (1) Day of Prision Correccional As

Oandasan stabbed and killed Duldulao after Duldulao repeatedly struck Oandasan with a wooden club while Oandasan was defending his son. Oandasan pleaded guilty at the Court of First Instance. The court found that Oandasan acted in incomplete self-defense since Duldulao was the initial aggressor and there was lack of sufficient provocation. The court reduced Oandasan's penalty by two degrees - one for his guilty plea and one for incomplete self-defense. Oandasan's new penalty was an indeterminate sentence of 4 months to 2 years, 4 months, and 1 day in prison.

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Rachelle Casimiro
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41 views1 page

Mayor As Minimum, To Two (2) Years, Four (4) Months and One (1) Day of Prision Correccional As

Oandasan stabbed and killed Duldulao after Duldulao repeatedly struck Oandasan with a wooden club while Oandasan was defending his son. Oandasan pleaded guilty at the Court of First Instance. The court found that Oandasan acted in incomplete self-defense since Duldulao was the initial aggressor and there was lack of sufficient provocation. The court reduced Oandasan's penalty by two degrees - one for his guilty plea and one for incomplete self-defense. Oandasan's new penalty was an indeterminate sentence of 4 months to 2 years, 4 months, and 1 day in prison.

Uploaded by

Rachelle Casimiro
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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People of the Philippines vs Oandasan

G.R. No. L-29532

Facts:
Oandasan testified that he saw the deceased Duldulao chasing his son. Not contented with that
and not being able to catch the latter, Duldulao threw his wooden club at the son of the accused, but
the son was not hit. Oandasan approached Duldulao and asked him why he was chasing the son and
why he threw the club. Upon being asked, Duldulao clubbed Oandasan, hitting him on the left shoulder.
Oandasan stepped backward and remembering that he had a sharp-pointed knife, he drew it. Again the
deceased struck him on the head with the club, so he stabbed Duldulao on the front. The deceased
sustained two wounds, one at the epigastric region and the other on the right hand. Oandasan was
charged with homicide. At the preliminary investigation in Municipal Court, accused was arraigned and
pleaded “not guilty”. The case was elevated to the Court of First Instance and upon arraignment, he
pleaded “guilty”. Before sentence, he presented evidence to prove the mitigating circumstances of
incomplete self-defense and voluntary surrender, aside from the plea of guilty. He was sentenced for
crime of homicide defined and penalized under Article 249 of the Revised Penal Code to an
indeterminate penalty of two (2) years, four (4) months and one (1) day of prision correccional as
minimum, to eight (8) years of prision mayor as maximum, with the accessories of the law.

Issues:
Whether or not plea of guilty should be appreciated in the case
Whether or not incomplete self-defense should be appreciated in the case

Ruling:
The municipal court before which the accused pleaded not guilty was only conducting a
preliminary investigation. It had no jurisdiction over the crime of homicide; it could not have rendered
judgment on the plea. The proper forum where a plea in mitigation may be presented is the court which
has jurisdiction to take cognizance of the case. By statute Article 13(7), a circumstance which mitigates
penal liability is that the accused "had voluntarily confessed his guilt before the court prior to the
presentation of the evidence for the prosecution. Plea of guilt should be counted in his favor.
They say that those facts also clearly demonstrate an act of unlawful aggression by the deceased
as well as lack of sufficient provocation on the part of the accused. There two circumstances, they
submit, carve out a good case of incomplete self-defense. The only element absent to exempt the
accused totally from criminal liability under Article 11(1) is "reasonable necessity of the means
employed to prevent or repel". The privileged mitigating circumstance of incomplete self-defense is
here present.
The standard set down in the cases just discussed gives us the proper course to pursue: A two-
degree reduction of penalty — one degree, by Article 69, and another degree, by Article 64(5). The
crime of homicide is penalized by Article 249 of the Revised Penal Code.
Penalty is modified. He is sentenced to an indeterminate penalty of four (4) months of arresto
mayor as minimum, to two (2) years, four (4) months and one (1) day of prision correccional as
maximum, with the accessories of the law.

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