Fitzerald C.

Patria I-A

Case

Fact

Elements

Pp v. Bartolay

Appellant
hacked the
victim with a
bolo on the
nape during a
heated
argument.

Pp. v. Oloverio

Accused
stabbed the
victim with a
sharp bolo
when they met

Bongalon v. Pp.

Pp. v. Balles

Appellant hit a
minor, with his
palms, hitting
the victims
back; slapped
the minor and
uttered
derogatory
remarks.
Appellant shot
the victim
using an M-16
rifle, without a
warning.

Pp. v. Lobino

The accused
stabbed his
common-law
wife.

Claimed two
mitigating
circumstances
of; Vindication
of a Grave
Offense and
Passion and
Obfuscation
Mitigating
circumstances
Passion and
Obfuscation
and Voluntary
surrender
Mitigating
circumstance
of Passion and
Obfuscation;
defending his
daughters.

The element of
Passion and
Obfuscation absorbs
the element of
Vindication of Grave
Offense.

Mitigating
circumstance
of voluntary
surrender and
passion and
obfuscation.

Aggravating
circumstance
of treachery
and superior
strength.
Mitigating
circumstance
of passion and
obfuscation.

Provocation from the

part of the victim has
created that strong
anger; entitled only to
mitigating
circumstance of
passion and
obfuscation.
Passion and
obfuscation was not
appreciated by the
court as the evidence
only point s out to a
feeling of disdain
towards his wifes
alleged late night
trysts and uncaring
attitude.

CASE SYNTHESIS
Synthesis Charti

Result

The act of the victims

constant berating and
humiliating the
appellant was enough
to produce passion
and obfuscation.
The appellants
reasoning was
deduced thereby
losing self-control due
to his beliefs on what
his daughters told
him.

Outlined on the cases presented and ruled/overruled by the Supreme Court is the
mitigating circumstance of Passion and Obfuscation.
There are elements that a Court take into for the mitigating circumstance of
passion and obfuscation be appreciated:
1. The accused acted upon an impulse.
2. The impulse must be so powerful that it naturally produces passion or
obfuscation in him.
3. That there be an act, both unlawful and sufficient to produce such condition
of mind; and
4. 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. ii

In People vs Bartolay, the hacking of the victim was proximately executed during an
altercation and obvious taunting from the victim. It was stated in the facts that
Bartolay has been seen to be sharpening a bolo, in plain view of the victim, this
could be in the hope that the latter would stop his provocation. In this case, the
defense invoked two mitigating circumstances of passion or obfuscation and
vindication of a grave offense. These two cannot be considered to stand separately
as it arose from the same instance, which is the incongruous when it is applied and
absorbed the other.
Provocation, so as to be strong enough to lose one wits and reasoning and reduced
a rational being to enact upon its anger is appreciated in People vs. Balles. The
basis is the accuseds diminution of the conditions of voluntariness. The provocation
on this case has left the accused to feel such a burst of passion that his resort was
to inflict injury to the victim. The proximity of the commission and that of the
alleged hurling of expletives towards the accused was instant. However, the Court
may consider the extent of damage of derogatory remarks imprinted upon an
accused. In People vs. Oloverio, the accused has been brandished by the victim,
who was a known and affluent member of their small community, to being an
incestuous relationship with his own mother. Such ignominious remarks may have
scarred the person and coax people to believe it. The acts of the victim became so
powerful an emotion that it moved the accused to injure the prior.
Acting upon an impulse, as a requisite element for obfuscation or passion, was
appreciated in Bongalon vs. People, whereby his conviction to believe that his
daughters were hurt by the victim, he immediately acted upon such impulse.
However, in the case of People vs. Lobino, where the law states that sentiments
arising from passion must be legitimate and moral or lawful, a common-law

husband stabbed to death his common-law wife. The defense given was the victim,
allegedly, having late night tryst and uncaring towards the accused was not enough
to anchor it on the mitigating circumstance of passion or obfuscation because the
accused did not satisfactorily prove their claims.

The Synthesis Chart: Swiss Army Knife of Legal Writing, by Tracy McGaugh

ii People vs. Alanguilan, G.R. No. L-30125, 21 January 1929