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1. U.S. v.

Dacquel: The stick was about the size and weight of an


ordinary walking cane, and, doubtless, the accused laid about him in
the crowd, in his efforts to make it disperse, without any thought or
intention of doing any of the people any serious injury, or of heaping
contumely or insult upon the child because of her sex or her tender
age.
2. People v. Diaz: The circumstance of old age cannot be considered
aggravating. There was no evidence that the accused deliberately
intended to offend or insult the age of the victim. That circumstance
may be absorbed in treachery.
3. Provocation cancelled dwelling
a. People v. Atienza: When the drinking party was in full swing
and the host and his guests were quite drunk, Atty. Parentela, Sr.
touched the knees and thigh of Eleanor Camacho, saying: "Pare,
why is it that my comadre Eleanor has some blackish spots on
her thighs, on her back and stomach?" Felix got angry and said:
"Why do you know, pare, that there are blackish spots on the
body of my wife. Maybe you have 'skinned' her, that is why you
know. x x x A heated verbal altercation followed, with Parentela
throwing curses and insulting epithets at Atienza who was finally
told to "get out."
4. Mariano v. People: Celedonio Mesa had a barbershop establishment
on Herran Street where he and his brother-in-law slept upstairs.
Sometime on September 9, 1937 and prior thereto, the appellant, upon
his request and out of charity, was permitted to sleep in the same
place. On the night of that date, the appellant, during the absence of
Celedonio, took from the latter's trunk, which was upstairs, the amount
of P10.20.

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