This case has been cited 1 times or more.
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2000-03-07 |
QUISUMBING, J. |
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| As recommended by the OSG, the alternative circumstance of intoxication should be appreciated as a mitigating circumstance in favor of appellant since it was duly proven that (a) at the time of the commission of the criminal act, he had taken such quantity of alcoholic drinks as to blur his reason and deprive him of a certain degree of control and (b) that such intoxication is not habitual or subsequent to the plan to commit the felony.[25] In the absence of proof to the contrary, it will be presumed that intoxication is not habitual but accidental, and the fact that the accused was drunk at the time of the commission of the crime must then be considered as a mitigating circumstance.[26] | |||||