PEOPLE v BATES, 400 SCRA 95 FACTS:

On November 28, 1995 at around 2:00 in the afternoon, Edgar and Simon Fuentes and Jose Boholot left
Barangay Esperanza, Ormoc City to deliver copra to a certain Fely Rodado at Barangay Gren Valley,
Ormoc City. After the delivery, the three men headed back to Barangay Esperanza. While they were
along the way, leading to the house of Carlito Bates, the latter suddenly emerged from the thick banana
plantation surrounding the trail, aiming his firearm at Hose Boholot who was then walking ahead of his
companions. Jose grabbed Carlitos hand and try to wrest possession of the firearm. The gun fired
hitting Carlito who immediately fell to the ground. At that instant, Marcelo Bates and his son, brother
and nephew of Carlito, respectively emerged from the banana plantation, each holding a bolo. They
immediately hacked Jose several times. Marcelo then returned to Simon and Edgar and shouted,
huwes de kutsilyo, upon hearing the same, Simon and Edgar ran.

Crime committed:Murder

HELD:Passion may not be properly appreciated in favour of the appellant. To be considered as mitigating
circumstances, passion or obfuscation must arise from lawful sentiments and not from a spirit of
lawlessness or revenge or from anger and resentment. In the case at bar, Marcelo was infuriated upon
seeing his brother Carlito shot by Jose, however, a distinction must be made between the first time that
Marcelo hacked Jose and the second that the former hacked the latter. When Marcelo hacked Jose right
after seeing the latter shoot at Carliot, and if appellant refrained from doing anything else after that, he
could have validly invoked the mitigating circumstances of passion and obfuscation, but when, upon
seeing his brother Carlito dead, Marcelo went back to Jose, who by then was already lying dead n the
ground and hardly moving, hacking Jose again was a clear case of someone aching out of danger in the
spirit of revenge.