Fitzerald C.

Patria I-A

CASE SYNTHESIS

Synthesis Charti
Case Fact Elements Result

Pp v. Bartolay  Appellant hacked  Claimed two The element of Passion and

the victim with a mitigating Obfuscation absorbs the
bolo on the nape circumstances of; element of Vindication of
during a heated Vindication of a Grave Offense.
argument. Grave Offense and
Passion and
Obfuscation
Pp. v. Oloverio  Accused stabbed  Mitigating The act of the victim’s
the victim with a circumstances constant berating and
sharp bolo when Passion and humiliating the appellant
they met Obfuscation and was enough to produce
Voluntary passion and obfuscation.
surrender
Bongalon v. Pp.  Appellant hit a  Mitigating The appellant’s reasoning
minor, with his circumstance of was deduced thereby
palms, hitting the Passion and losing self-control due to
victim’s back; Obfuscation; his beliefs on what his
slapped the minor defending his daughters told him.
and uttered daughters.
derogatory
remarks.
Pp. v. Balles  Appellant shot the  Mitigating Provocation from the part
victim using an M- circumstance of of the victim has created
16 rifle, without a voluntary that strong anger; entitled
warning. surrender and only to mitigating
passion and circumstance of passion
obfuscation. and obfuscation.
Pp. v. Lobino  The accused  Aggravating Passion and obfuscation
stabbed his circumstance of was not appreciated by the
common-law wife. treachery and court as the evidence only
superior strength. point s out to a feeling of
 Mitigating disdain towards his wife’s
circumstance of alleged late night trysts and
passion and uncaring attitude.
obfuscation.
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 accused’s 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.

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

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