Facts: Reporters Stanley Jalbuena, Enrique Lingan and one Mario Ilagan went to the police station to report an incident in Entertainment City where they were threatened by one Dante Liquin and the security guard. At the station, a heated confrontation followed between victim Lingan and accused policeman Navarro who was then having drinks outside the headquarters. The accused was challenged by Lingan to a fisticuffs and the former thereafter hit the victim with the handle of his gun below the left eyebrow, followed by a fist blow on Lingan’s head. Lingan died under treatment. The exchange of words was recorded on tape, specifically the frantic exclamations made by Navarro after the altercation that it was the victim who provoked the fight.
Issue: Whether the mitigating circumstances of sufficient provocation or threat on the part of the offended party and lack of intention to commit so grave a wrong may be appreciated in favor of the accused.
Held: The remarks of Lingan, which immediately preceded the acts of the accused, constituted sufficient provocation. Provocation is said to be any unjust or improper conduct of the offended party capable of exciting, annoying or irritating someone. The provocation must be sufficient and must immediately precede the act; and in order to be sufficient, it must be adequate to excite a person to commit the wrong, which must be accordingly proportionate in gravity.
The mitigating circumstance of lack of intention to commit so grave a wrong must also be considered. The exclamations made by Navarro after the scuffle that it was Lingan who provoked him showed that he had no intent to kill the latter.
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