That of having acted upon an impulse so powerful as naturally to have produced passion or obfuscation.
BASIS: Loss of reasoning and self-control, thereby diminishing the exercise of his will power.
Elements;
1. The accused acted upon an impulse;
2. The impulse must be so powerful that it naturally produced passion or obfuscation.
This stands on the premise or proposition that the offender is suffering from a diminished self control because of the passion or obfuscation. The same is true with the circumstances under paragraphs 4 and 5. So, there is a ruling to the effect that if the offender is given the benefit of paragraph 4, he cannot be given the benefit of paragraph 5 or 6, or vice-versa. Only one of the three mitigating circumstances should be given in favor of the offender.
However, in one case, one of the mitigating circumstances under paragraphs 4, 5 and 6 stands or arises from a set of facts, and another mitigating circumstance arises from another set of facts. Since they are predicated on different set of facts, they may be appreciated together, although they arose from one and the same case. Hence, the prohibition against
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considering all these mitigating circumstances togetherand not as one applies only if they would be taken on the basis of the same set of facts.
If the case involves a series of facts, then you can predicate any one of these circumstances on one fact and the other on another fact and so on.
Passion Must Be Legitimate
Passion or obfuscation may constitute a mitigating circumstance only when the same arose from lawful sentiments.
As a rule, it cannot be based on common law relationship because common law relationships are illicit. However, consider whether passion or obfuscation is generated by common law relationship or by some other human consideration.
In a case where the relationship between the accused and the woman he was living with was one of common law, he came home and surprised his common law wife having sexual intercourse with a friend. This infuriated him. He killed the friend and he claimed passion or obfuscation. The trial court denied his claim because the relationship was a common law one.
On review, the accused was given the benefit of the circumstances and the basis of considering passion or obfuscation in favor of the accused was the act of the common law wife in committing adultery right from the conjugal bed. Whether or not they are married, any man who discovers that infidelity was committed on the very bed provided by him to the woman would naturally be subjected to obfuscation.
When a married person surprised his better half in the act of sexual intercourse with another, he gets the benefit of Article 247. However, that requisite which in the first place, the offender must have surprised his/her spouse actually committing sexual intercourse should be present. If the surprising was done not in the actual act of sexual intercourse but before or after it, then Article 247 does not apply.
Although this is the ruling, still, the accused will be given the benefit of sufficient provocation if the intercourse was done in his dwelling. If this act was done somewhere else and the accused kills the paramour or the spouse, this may be considered as mitigation of a grave offense to him or otherwise as a situation sufficient to create passion or obfuscation. Therefore, when a married man upon coming home, surprises his wife who was nude and lying with another man who was also nude, Article 247 does not apply. If he kills them, vindication of a grave offense will be mitigating in favor of the offender.
Illustrations:
A is courting B, a receptionist in a beerhouse. C danced with B. A saw this and stabbed C. It was held that jealousy is an acknowledged basis of passion. A, a male classmate is escorting B, a female classmate. On the way out, some men whistled lustfully. The male classmate stabbed said men. This was held to be obfuscation.
When a man saw a woman bathing, almost naked, for which reason he raped her, such man cannot claim passion as a mitigating circumstance.
A man and a woman were living together for 15 years. The man left the village where they were living and never returned home. The common law wife learned that he was getting married to a classmate. On the scheduled wedding day, she stabbed the groom in the chest, instantly killing him. She confessed and explained that any woman cannot tolerate what he did to her. She gave him the best years of her life. She practically waited for him day and night. It was held that passion and obfuscation were considered mitigating. Ingratitude was shown here.
The passion or obfuscation must arise from an act which must:
1. come from the offended party; 2. unlawful;
3. naturally strong as to condition the mind of the offender to commit the crime; and
4. not far removed from the commission of the crime. Feelings that may be mitigating
1. anger 2. despair 3. love 4. jealousy 5. embarrassment
Feelings which are not mitigating
1. despair based on immoral relationship ( a live-in partner wanting to leave)
2. crime deliberately planned
3. caused by lawful duty/right (arrested during marriage ceremony)
4. caused by lawlessness
5. deep feelings out of religious bigot 6. feelings that has been formented 7. motivated by fight.
NOTE: Exercise of a right or fulfillment of duty is not proper source of passion of obfuscation. (P/P vs Noynay 58 Phil 393)
Passion and obfuscation cannot co-exist with treachery since this means that the offender had time to ponder his course of action.
Passion and Obfuscation
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Mitigating Exempting
No physical force needed Requires physical force From the offender himself Must come from a 3rd
person Must come from lawful
sentiments
Unlawful Passion and
Obfuscation Provocation
Produced by an impulse which may be caused by provocation
Comes from injured party Offense which engenders
perturbation of mind need not be immediate
Immediately precede the commission of the crime Effect is loss of reason
and self-control on the part of the offender
Same
Paragraph 7. Surrender and Confession of Guilt