People of the Philippines v.

Pedro Libria
Facts:
During a dance on the occasion of a fiesta, the deceased, Jaime Idloy,
for not apparent reason it seems, punched the accused Pedro Libria. To
ee!s later, Libria, ith a carbine in hand, ent to loo! for Idloy to avenge the
rong and in"ury committed against him. #e found Idloy in the house of
another person. Thereafter, Libria, a former soldier, hid under the cover of a
banana grove and aited for Idloy to e$it from the house. %s soon as Idloy
came out, Libria shot and !illed him.
The loer court found Libria guilty of murder, the !illing &ualified by
evident premeditation, and aggravated by treachery. #e as sentenced to
reclusion perpetua. The 'olicitor()eneral argues that the ma$imum penalty of
death should be imposed.
Issue: *hether or not Libria is entitled to a mitigating circumstance+
,uling:
-es. .ecause the crime as done several days after the rong
committed upon Libria by Idloy, it may not be considered as sufficient
provocation that immediately preceded the act/ or that Libria acted upon an
impulse so poerful as to have produced passion and obfuscation. #oever,
the !illing is not entirely ithout mitigation.
0It is not difficult to see that the victim1s bo$ing the accused during the
dance and in the presence of so many people2undoubtedly produced rancor
in the breast of the accused, ho must have felt deeply insulted/ and to
vindicate himself and appease his self(respect, he committed the crime. The
mitigation may ell be found under paragraph 345 of %rticle 36 of the ,evised
Penal 7ode 8 any other circumstance of a similar nature and analogous to
those above mentioned.