People vs. Lopez, G.R. No.

132168, October 10, 2000 (Passion)

Facts:

Appellant Joselito Lopez is charged for the crime of murder for killing Perla Castro. Lopez and
his family lived in a shanty on a patch of land owned by Castro. Castro have been eager to
remove the Lopezes from her land as she even gave the family money for their transfer. The
issue caused a rift between the 2 parties. After some time, Castro sold the land to Liwayway
Maramat, who managed to secure an order for the demolition of the shanty of the Lopezes.
When the 2 visited the site to inspect the land, Perla called Joselito to show them the new site.
While they were talking, Joselito grabbed Castro’s hair and started hacking her with a bolo.
Liwayway ran away from the scene and hide. Joselito fled from the scene but later on
surrendered to the authorities. On appeal, he argued that the court erred in not appreciating that
the killing was prompted by passion or obfuscation.

Issue:

Whether or not the mitigating circumstance of crime prompted by passion and obfuscation can
apply to the case.

Held:

No, the crime was not prompted by passion or obfuscation. The court stated that for passion
and obfuscation be appreciated as a mitigating circumstance in a case, passional obfuscation
must arise from lawful sentiments. In the case at bar, the deceased is exercising her right over
the land. She have been unjustly deprived by the family of the accused. Despite the court’s
denial of the appeal, the mitigating circumstance of voluntary surrender is appreciated.
Therefore, the court finds the appellant guilty of the crime of murder with one mitigating
circumstance.