That of having acted upon an impulse so powerful as

naturally to have produced passion or obfuscation

passion and obfuscation is mitigating because
when there are causes naturally producing in a
person powerful excitement, he loses his reason
and self-control, thereby diminishing the exercise
of his will power
Paragraph requires that:
a) That the accused acted upon an impulse
b) The impulse must be so powerful that it
naturally produced passion or obfuscation
in him
Basis: The offender who acts with passion or
obfuscation suffers a diminution of his
intelligence and intent
RULE FOR THE APPLICATION OF THIS PARAGRAPH
There is mitigating circumstance when:
1) The act is committed in a spirit of lawfulness
2) The act is NOT committed in a spirit of
revenge
*It should not come from a spirit of revenge,
anger or resentment
REQUISITES
1) That there be an act, both unlawful and sufficient to
produce such a condition of mind
-crime committed by the accused must be provoked by prior,
unjust or improper acts of the injured party
- If the cause of the loss of self-control is trivial and slight,
the obfuscation is not mitigating

2)

That said act which produced the obfuscation was not

far removed from the commission of the crime by a
considerable length of time, during which the
perpetrator might recover his normal equanimity
-

NOTES

No passion or obfuscation after 24 hours, or several

hours or half an hour
Reason is that the act producing the obfuscation must
not be far removed from the commission of the crime
by a considerable length of time, during which the
accused might have recovered his normal equanimity
The crime committed by the accused must be the result
of a sudden impulse of natural and uncontrollable fury
(not planned)

The crime committed must be the result of a

sudden impulse of a natural and uncontrollable
fury
The crime committed by the accused must be
provoked by unjust or improper acts of the
injured party
Exercise of a right or fulfillment of a duty is not a
proper source of passion or obfuscation
The act must be sufficient to produce such a
condition of mind
The offender must act under the impulse of
special motives

The case producing passion or obfuscation must

come from the offended party
Provocation and obfuscation arising from one
and the same cause should be treated as only one
mitigating circumstance

VINDICATION OF GRAVE OFFENSE & PASSION AND

OBFUSCATION
General rule: cannot co-exist
Exception: when there are other facts closely
connected
Vindication
and obfuscation
cannot
be
considered when the person attacked is not the
one who gave cause therefor
TREACHERY & PASSION AND OBFUSCATION
NOT compatible
In passion of obfuscation, the offender loses his
reason and self-control
In Treachery (aggravating circumstance), the
mode of attack must be consciously adopted

LACK OF INTENTION TO COMMIT SO GRAVE A WRONG

& PASSION AND OBFUSCATION
Compatible
EVIDENT
PRE
MEDITATION
&
PASSION
AND
OBFUSCATION
Cannot co-exist
This is because the essence of pre meditation of
the execution of the criminal act must be
preceded by calm thought and reflection upon
the resolution to carry out the criminal intent
during the space of time sufficient to arrive at a
composed judgment
PASSION AND OBFUSCATION v IRRESISTIBLE FORCE
1)
Passion & obfuscation:
mitigating circumstance
Irresistible force:
exempting circumstance
2)
Passion & obfuscation:
cannot give rise to an irresistible force bc
Irresistible force:
Requires physical force
3)
Passion & obfuscation:
Is in the offender himself
Irresistible force:
Comes from a third party
4)
Passion & obfuscation:
Comes from lawful sentiments
Irresistible force:

Unlawful

PASSION AND OBFUSCATION v PROVOCATION

1)
Passion & obfuscation:
Produced by an impulse which may be caused by
provocation
Provocation:
Comes from the injured party
2)
Passion & obfuscation:
The offense which engenders perturbation of the
mind need not be immediate. It is only required
that the influence thereof lasts until the moment
of the crime is committed
Provocation:
Must immediately precede the commission of the
crime
3)
Passion & obfuscation:
Effect is loss of reason and self-control on the part
of the offender
Provocation:
Comes from a third party
4)
Passion & obfuscation:
Comes from lawful sentiments
Provocation:
Unlawful
That the offender had voluntarily surrendered himself to a
person in authority or his agents, or that he had voluntarily
confessed his guilt before the court prior to the presentation
of the evidence for the prosecution;
Basis: The lesser perversity of the offender
Plea of guilty is not mitigating in culpable
felonies and crimes punished by special laws
TWO MITIGATING CIRCUMSTANCE MENTIONED IN THE
PARAGRAPH
1) Voluntary surrender to a person in authority of his
agents
2) Voluntary confession of guilt before the court prior to
the presentation of evidence for the prosecution
*Although included in the same paragraph, when both the
mitigating circumstances are present, they should have the
effect of 2 INDEPENDENT mitigating circumstances.
*If any of them must mitigate the penalty to a certain
extent, when both are present, they should produce this
effect to a greater extent
REQUISITES OF VOLUNTARY SURRENDER
1) That the offender had not been actually arrested
-Not mitigating when defendant was in fact arrested

-When the warrant of arrest had not been served or

not returned unserved because the accused cannot be
located
-The law does not require that the surrender be prior
to the order of arrest

2)

That the offender surrendered himself to a person in

authority or to the latters agent
-Person in authority

One directly vested with jurisdiction

A public officer who has the power to

govern and execute the laws whether as
an individual or as a member of some
court or governmental corporation,
board or commission.
-Agent of a person in authority

A person who, by direct provision

of the law, or by election or by
appointment
by
competent
authority, is charged with the
maintenance of public order and
the protection and security of life
and property and any person who
comes to the aid of persons in
authority

3)

That the surrender was voluntary

Surrender must be by reason of the commission
of the crime for which defendant is prosecuted

REQUISITE OF VOLUNTARINESS
Must be spontaneous in such a manner that it
shows the interest of the accused to surrender
unconditionally to the authorities, either because
he acknowledged his guilt or because he wishes
to save them the trouble and expenses necessarily
incurred in his search and capture
A surrender to be voluntary must be
spontaneous, showing the intent of the accused
to submit himself conditionally to the authorities
either
1) Because he acknowledges his guilt
2) Because he wishes to save them the trouble
and expenses necessarily incurred in his
search and capture
*If none of these two reasons impelled the
accused to surrender, the surrender is not
spontaneous and therefore, not voluntary
WHEN IS IT NOT VOLUNTARY
A surrender is not voluntary when forced by
circumstances
1) Intention to surrender without actually
surrendering
2) When the offender imposes a condition or
acted with external stimulus

3)

Futility in being a fugitive from justice

3)

TIME AND PLACE OF SURRENDER

4)

The RPC had no distinction among the

various moments when the surrender may
occur
5) The law does not require that the surrender
be made prior to the issuance of the order of
arrest
6) R
REQUISITES OF PLEA OF GUILTY
1) That the offender spontaneously confessed his
guilt
2) That the confession of guilt was made in open
court, that is, before the competent court that is to
try the case
3) That the confession of guilt was made prior to the
presentation of evidence for the prosecution
-The plea must be made before trial begins
(before arraignment and before trial)
-Plea of guilty on appeal, not mitigating
(because there is no more spontaneity)

PLEAD OF GUILTY
Plea of not guilty at the preliminary investigation
is no plea at all Confession of guilt must be made
in open court
An extrajudicial confession made by the accused
is not the voluntary confession which the code
contemplates
Withdrawal of plea of not guilty and pleading
guilty before presentation of evidence by
prosecution is still mitigating
Change of plea must be made at the first
opportunity
Cannot plead guilty to a lesser crime charges
SEARCHING INQUIRY
Guidelines in the conduct of a searching inquiry are as follows:
1) Ascertain from the accused himself
a) How he was brought into the custody of the law
b) Whether he had the assistance of a competent
counsel during the custodial and preliminary
investigations and
c) Under what conditions was he detained and
interrogated during investigations
*This is intended to rule out the possibility that the
accused has been coerced or placed under a state of
duress either by actual threats of physical harm
coming from malevolent quarters or simply because
of the judges intimidating robes
2) Ask the defense counsel a series of question as to :
a) He had conferred with and explained to the
accused the meaning and consequences of his
plea

4)

Elicit information about the personality profile of the

accused such as:
a) Age
b) Socio-economic status
c) Educational background
-This will serve as a trustworthy index of his capacity
to give a free and informed plea of guilty
Inform the accused of the exact length of
imprisonment or nature of the penalty under the law
and the certainty that he will serve such sentence.
-

5)

6)
7)

Why?
Usually, an accused pleads guilty in the hope of a
lenient treatment or upon bad advice or because
of promises of the authorities or parties of a
lighter penalty should he admit guilt or remorse.

It is the duty of the judge to ensure that the

accused does not labor under these mistaken
impressions because a plea of guilty carries with
it not only the admission of authorship of the
crime proper but also of the aggravating
circumstance attending it that increases the
punishment
Inquire if the accused knows the crime with which he
is charged and to fully explain to him the elements of
the crime which is the bass of his indictment
-Failure of the court to do so would constitute a
violation of his fundamental right to be informed of
the precise nature of the accusation against him and a
denial of his right to due process
All questions posed to the accused should be in a
language known and understood by the latter.
The trial judge must satisfy himself that the accused,
in pleading guilty, is truly guilty. The accused must be
required to narrate the tragedy or reenact the crime or
furnish its missing details.

WHY IS PLEA OF GUILTY MITIGATING?

It is an act of repentance and respect for the law.
It indicates a moral disposition in the accused,
favorable to his reform
That the offender is deaf and dumb, blind or otherwise
suffering some physical defect which thus restricts his means
of action, defense, or communications with his fellow beings
Basis: the one suffering from the physical defect,
which restricts ones means of action, defense, or
communication with ones fellow beings, does
not have a complete freedom of action and
therefore there is a diminution of that element of
voluntariness.
PHYSICAL DEFECT
Defect must restrict means of action, defense or
communication with fellow beings

Physical defect refers to being armless, cripple of

stutterer
The paragraph does not distinguish between
educated and uneducated deaf-mute or blind
persons therefore, they considered to be on equal
footing

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
Basis: There is diminution of intelligence and
intent
Provision refers only to diseases of pathological
state that trouble the conscience or will
When there is complete loss of will-power,
exempting.
When diminished exercise of will-power,
mitigating.
REQUISITES
1) That the illness of the offender must diminish the
exercise of his will power
2) That such illness should not deprive the offender of
consciousness of his acts
And, finally, any other circumstances of a similar nature and
analogous to those above mentioned
EXAMPLES
1) Over 60 years old of failing sight
-similar to 70 years of age
2) Outraged feeling of owner of an animal taken for
ransom
- similar to vindication of a grave offense
3) Outraged feeling of creditor
- similar to passion and obfuscation
4) Impulse of jealousy
- similar to passion and obfuscation
5) Manifestations of Battered Wife Syndrome
- similar to illness that diminishes the exercise of will
power
-Based on the explanations of expert witnesses
6) Esprit de corps
- a feeling of pride, fellowship, and common loyalty
shared by the members of a particular group
-similar to passion and obfuscation
7) Extreme poverty

- similar to incomplete justification based on the state

of the state of necessity
8) Testifying for the prosecution
- similar to plea of guilty
NOT MITIGATING
1) Not resisting arrest
Not analogous to voluntary surrender
2) The condition of running amuck
sometimes referred to as simply amok or gone
amok, also spelled amuk, from the Malay
language, is "an episode of sudden mass assault
against people or objects usually by a single
individual following a period of brooding that
has traditionally been regarded as occurring
especially in Malay culture but is now
increasingly viewed as psychopathological
behavior occurring worldwide in numerous
countries and cultures"

MITIGATING CIRCUMSTANCES WHICH ARE PERSONAL

TO THE OFFENDERS
Mitigating circumstance which arise from
1) The moral attributes of the offender
2) From his private relations with the offended
party
3) From any other personal cause
Shall only serve to mitigate the liability of the
principals, accomplices and accessories as to
whom such circumstances are attendant
CIRCUMSTANCES WHICH ARE NEITHER EXEMPTING OR
MITIGATING
1) Mistake in the blow
2) Mistake in the identity of the victim
3) Entrapment of the accused
4) The accused is over 18 years of age
5) Performance of a righteous action