TEST IN INTERVAL OF TIME:

Where four days elapsed from the knowledge of the supposed sexual assault and
the attack, there was sufficient time to regain composure and self-control. Thus,
there was no “immediate vindication of a grave offense” (People v. Rebucan. G.R.
182551, July 27, 2011).
 
 

 
 
6. That of having acted upon an impulse so powerful as naturally to have produced passion or
obfuscation.
 
PASSION OR OBFUSCATION
 The basis is loss of reasoning and self-control, thereby diminishing the exercise of his
will power.
 
 Passion and obfuscation refers to emotional feeling which produces excitement
so powerful as to overcome reason and self-control. It must come from prior unjust
or improper acts. The passion and obfuscation must emanate from legitimate
sentiments.
 
 Passion and obfuscation as a mitigating circumstance need not be felt only in the
seconds before the commission of the crime. It may build up and strengthen over time
until it can no longer be repressed and will ultimately motivate the commission of the
crime (People v. Oloverio, G.R. No. 211159, March 18, 2015).
 
Elements of passion or obfuscation as a mitigating circumstance
1. Accused acted upon an impulse; and
2. Impulse must be so powerful that it naturally produced passion or obfuscation in him.
 
The passion or obfuscation should arise from lawful sentiments in order to be mitigating.
 
Requisites of passion or obfuscation
1. That there is an act, both unlawful and sufficient to produce such a condition of mind;
and
2. That the 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 natural equanimity.
 NO PASSION OR OBFUSCATION AFTER 24 HOURS, OR SEVERAL HOURS,
OR HALF AN HOUR.
 
Applicable rule when the three mitigating circumstances of sufficient threat or
provocation (par. 4), vindication of a grave wrong (par. 5) and passion or
obfuscation (par. 6) are present
 
GR: If the offender is given the benefit of paragraph 4, he cannot be given the benefit of
paragraph 5 or 6, or vice-versa. Only one of the three mitigating circumstances should be
given in favor of the offender.
 
XPN: If the mitigating circumstances under paragraphs 4, 5 and 6 arise from different sets
of facts, they may be appreciated together, although they may have arisen from one and
the same case.
 
Circumstances where passion or obfuscation is not a mitigating circumstance
If the act is committed in the spirit of:
1. Lawlessness; or
2. Revenge
 
Appreciation of passion and obfuscation as a mitigating circumstance
It may be appreciated even if the reported acts causing obfuscation was not true, as
long as it was honestly and reasonably believed by the accused to be true (People v.
Guhiting, G.R. No. L-2843, May 14, 1951).