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United States Vs Dela Cruz Digest

The defendant killed his lover after discovering her in the act of sexual intercourse with an acquaintance. The court found this constituted the mitigating circumstance of passion and obfuscation based on subsection 7 of article 9, as the defendant acted upon an impulse so powerful as to naturally produce passion and obfuscation in the heat of the moment. Therefore, the ruling was that the mitigating circumstance could be appreciated in this case.

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170 views1 page

United States Vs Dela Cruz Digest

The defendant killed his lover after discovering her in the act of sexual intercourse with an acquaintance. The court found this constituted the mitigating circumstance of passion and obfuscation based on subsection 7 of article 9, as the defendant acted upon an impulse so powerful as to naturally produce passion and obfuscation in the heat of the moment. Therefore, the ruling was that the mitigating circumstance could be appreciated in this case.

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US vs Dela Cruz

G.R. No. 7094. March 29, 1912.


Topic: Mitigating Circumstance (Passion or Obfuscation)

Facts:
The guilt of the defendant and appellant of the crime of homicide of which he was convicted in
the court below is conclusively established by the evidence of record. The trial court was of
opinion that its commission was not marked by either aggravating or extenuating circumstances,
and sentenced the convict to fourteen years eight months and one day of reclusion temporal, the
medium degree of the penalty prescribed by the code.
The evidence clearly discloses that the convict, in the heat of passion, killed the deceased, who
had theretofore been his querida (concubine or lover) upon discovering her in flagrante in carnal
communication with a mutual acquaintance.

Issue:
Whether or not the mitigating circumstance of passion and obfuscation may be appreciated in the
case at bar.

Ruling:
YES. the commission of the offense of which defendant was convicted was marked with the
extenuating circumstance defined in subsection 7 of article 9, in that defendant "acted upon an
impulse so powerful as naturally to have produced passion and obfuscation," the evidence
disclosing that in the heat of passion he killed the deceased, who had theretofore been his querida
(concubine or lover), upon discovering her in flagrante in carnal communication with a mutual
acquaintance.

Rationale:
Subsection 7 of article 9 is as follows:
"The following are extenuating circumstances:
"That of having acted upon an impulse so powerful as naturally to have produced passion
and obfuscation."

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