G.R. No. L-2702

FACTS:
The accused, Isidoro Olivan, was convicted by the trial court of the crime of allanamiento de morada (entering a dwelling against the owner’s will). He was sentenced to two months and one day of arresto mayor (in its medium degree), a fine of 325 pesetas, and to pay one-half of the costs, with subsidiary imprisonment in case of insolvency.

ISSUE:
Whether the trial court erred in not considering any mitigating circumstance in the imposition of the penalty.

RULING:
Yes. The Supreme Court affirmed the conviction but modified the penalty. The evidence established the guilt of the accused. However, the Court found that the trial court should have considered, as a mitigating circumstance under Article 9, Case 7 of the Penal Code, that the accused acted upon an impulse due to a wordy quarrel with the owner of the house, constituting “sudden passion.” Consequently, the penalty was reduced from the medium to the minimum degree of arresto mayor. The modified sentence imposed is one month and one day of arresto mayor, with the fine and other accessory penalties affirmed. Costs of the appeal were imposed on the appellant.