59 State v. Kelly, 655 P.2d 1202, 1203 (1982). "The case would rise or fall on whether . . . [appellant] acted in actual fear of imminent harm from her husband when she shot [or injured] him . . . ." Depetris v. Kuykendall, supra. See also People v. Torres, 128 Misc2d 129, 488 NYS.2d 358. 60 61 People v. PO3 Langres, 375 Phil. 240, 258, October 13, 1999. See also People v. Plazo, 350 SCRA 433, January 29, 2001; People v. Cario, 351 Phil. 644, March 31, 1998; People v. Timblor, 348 Phil. 847, January 27, 1998. 62 63 People v. Saul, 372 SCRA 636, December 19, 2001. People v. Galapin, 355 Phil. 212, July 31, 1998; People v. Panes, 343 Phil. 878, August 29, 1997. 64 State v. Gallegos, 104 NM 247, 719 P.2d 1268, citing Eber, The Battered Wife's Dilemma: To Kill or To Be Killed, 32 Hasting LJ 895, 928 (1981). 65 66 Id., citing State v. Walker, 40 Wash.App. 658, 700 P.2d 1168 (1985). 67 People v. Saul, supra. 68 People v. Bato, 348 SCRA 253, December 15, 2000. People v. Maquiling, 368 Phil. 169, June 21, 1999; People v. Discalsota, GR No. 136892, April 11, 2002. 69 70 Exhibits "B" et seq. - Appellant, p. 10. 71 TSN, February 9, 2001, p. 19. 72 Id., pp. 15-17. 73 Id., p. 54. 74 "Art. 13. Mitigating Circumstances. – The following are mitigating circumstances: xxx xxx xxx "9. Such illness of the offender as would diminish the exercise of the will-power of the offender without however depriving him of the consciousness of his acts." "10. And, finally, any other circumstances of a similar nature and analogous to those above mentioned." 75 See People v. Javier, 370 Phil. 596, July 28, 1999; People v. Amit, 82 Phil. 820, February 15, 1949; People v. Francisco, 78 Phil. 694, July 16, 1947; People v. Balneg, 79 Phil. 805, January 9, 1948. 76