PRAETER INTENTIONEM The source is the The victim’s unlawful or Grave offense committed

-Applicable when there is a notable disparity between the means employed by the provocative act of the unjust act by the offended by the offended party
accused to commit a wrong and the resulting crime committed. offended party party that produced
 The intention of the accused at the time of the commission of the crime is obfuscation or passion
manifested from the weapon used, the mode of attack employed and the arising from a lawful
injury sustained by the victim. sentiment
-The mitigating circumstance of prater intention cannot be appreciated where the acts Cannot be appreciated if Essence of vindication is
employed by accused were reasonable sufficient to produce the death of the victim the crime is committed in taking revenge because
For Crimes against persons the spirit of revenge since of the grave offense
homicide in this case passion did not committed by the victim
this is the part where arise from a lawful
praeter intentionem as sentiment
mitigating circumstance
shall be applied.) The provocation must The commission of the The vindication of the
victim died immediately precede the crime need not be grave offense may be
act immediately preceded by proximate, which
murder the unlawful or unjust act; requires that interval of
what is important is that time between the grave
Accused committed the such act was not far offense done by the
unlawful act removed from the victim and the
commission of the crime commission of the crime
attempted or frustrated by a considerable length of by the offender must not
time, during which the be sufficient for the
perpetrator might recover accused to regain his
victim survived
Serious Physical Injuries his normal equanimity composure or his moral
(this is the part where equanimity
praeter intentionem as
mitigating circumstance VOLUNTARY SURRENDER
shall be applied.)
A surrender to be voluntary must be spontaneous, showing the intent of the accused to
THREAT submit himself unconditionally to the authorities, either because he acknowledges his
Elements: guilt, or he wishes to save them the trouble and expense necessarily incurred in his
1. There must be a threat on the part of the offended party search and capture.
2. The threat must be sufficient  Surrender is not voluntary where the accused went to the Barangay
3. The threat must immediately precede the criminal act committed by the Chairman after the killings to seek protection against the retaliation of the
offender victim’s relatives, not to admit his participation in the killing of the
*NOTE: the threat must not be offensively and positively strong otherwise the threat victims.
may tantamount to unlawful aggression which entitles accused to complete or  Going to the police station to make an inquiry is not a mitigating
incomplete self-defense. circumstance of VA since he did not submit himself to authorities to
acknowledge his guilt.
PROVOCATION  Where the arrest was inevitable, surrender will not be appreciated for
Elements: being involuntary
1. There must be provocation on the part of the offended party
2. The provocation must be sufficient VOLUNTARY CONFESSION
3. Provocation must immediately precede the criminal act committed by the Elements:
offender 1. The accused spontaneously confessed his guilt
2. The confession of guilt was made in open court
VINDICATION 3. The confession of guilt was made before a competent court trying the
Pp. V. Benito case
The six-hour interval between the alleged grave offense committed by Moncayo against 4. The confession of guilt was made prior to the presentation of evidence by
Benito and the assassination was more than sufficient to enable Benito to recover his the prosecution
serenity. But instead of using that time to regain his composure, he evolved the plan of Plea to a Lesser Offense
liquidating Moncayo after office hours. Benito literally ambushed Moncayo just a few -if the plea to a lesser offense was allowed by the court pursuant to a plea bargaining
minutes after the victim had left the office. He acted with treachery and evident agreement, confession shall be appreciated as mitigating circumstance.
premeditation in perpetrating the cold-blooded murder. -If the offer of plea to a lesser offense was rejected by the public prosecution, confession
may or may not be appreciated depending upon the crime charged and that proven
Pp. V. Dagatan
 If the crime charged is murder, but the crime proven is homicide,
If the grave offense is committed by a third person against the adopted brother of the
the plea to a lesser offense of homicide constitutes a mitigating
accused, the vindication is not a mitigating circumstance. To appreciate this
circumstance of voluntary confession because it is not the fault of
circumstance, the victim himself must commit the grave offense
the accused that the prosecution erroneously alleged a qualifying
circumstance in the information without supporting evidence
PASSION OR OBFUSCATION
Confession on Appeal
Elements:
-Confession shall not be appreciated. Element that confession must be made prior to the
1. There was an act that was both unlawful and sufficient to produce such
presentation of evidence by the prosecution at the lower court.
condition (passion or obfuscation) of the mind
2. Such act was not far removed from the commission of the crime by a
PHYSICAL DEFECT
considerable length of time, during which the perpetrator may have
-In order for this condition to be appreciated, it must be shown that such physical defect
recovered his normal equanimity
limited his means to act, defend himself, or communicate with his fellow beings to such
3. Passion must arise from lawful sentiment of the offender and not from
an extent that he did not have complete freedom of action, consequently resulting in
spirit of lawlessness or revenge
diminution of the element of voluntariness
Note: The mitigating circumstance of passion and obfuscation and vindication of grave
offense cannot be counted separately and independently (Pp. V. Dagatan)

Provocation Passion and Obfuscation Vindication of Grave

Offense