ARTICLE 15 ALTERNATIVE CIRCUMSTANCE (INTOXICATION)
[G.R. Nos. 76954-55. February 26, 1988.]
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. BENIANO RENEJANE, IRENEO NICK LABORTE, BENJAMIN PURISIMA, PAULINO LABORTE, LORETO BACUS and RODOLFO RIPDOS,Accused-Appellants. FACTS: On November 1, 1981, following an altercation about Marijuana with the victims, the accused-appellant Beniano Renejane with the aid of five other persons, allegedly stabbed Mario de Jesus (policeman) and Regino Mara-asin thereby inflicting several wounds and eventually leading to their instantaneous death. It was likewise noted that sometime in October 2, 1981, the first altercation between the victims and defendant transpired when the Renejane was first apprehended by de Jesus for the illegal possession of Marijuana and that Regino was suspected to be the informer. With the prosecutions evidence established by the testimony of an eyewitness, Pablo Sumandig, the court found Renejane guilty beyond reasonable doubt with the crime of double murder. In the case at bar, intoxication is an alternative circumstance that was considered to be present in the commission of the crime. Article 15 of the Revised Penal Code provides that Alternative Circumstances are those which must be taken into consideration as aggravating or mitigating. ISSUE: Whether or not intoxication of accused-appellant aggravated or mitigated the commission of his crime RULING: No. Only the aggravating circumstance of the act of disregarding the rank of de Jesus as policeman was appreciated by the court. Intoxication is aggravating only if it is intentional or habitual. The appellants drunkenness was attributed as a result of an ordinary drinking party. Neither was it considered as a mitigating circumstance as his alcohol intake did not blur his reason or deprive him of self-control. In the case at bar, treachery had been established and that the means of execution employed were deliberately or consciously adopted.