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.