• __
It is a mere spite against the It concerns the honor of the
one giving the provocation person.
or threat
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Article 13. Mitigating circumstances. - The following are
mitigating circumstances;
5. That the act was committed in the immediate vindication of a
grave offense to the one committing the felony (delito), his spouse,
ascendants, or relatives by affinity within the same degrees.
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VINDICATION OF A GRAVE OFFENSE
- GRAVITY
- Gravity of personal offense
- The question whether or not a certain
personal offense is grave must be decided by
the court, having in mind: [TimPlaS]
- a. the Time when the insult was made;
- b. the Place; and
- c. the Social standing of the person
REQUISITES FOR VINDICATION OF SELF/KINS
a. There be a grave offense done to the one committing the
felony, his spouse, ascendants, descendants, legitimate,
natural or adopted brothers or sisters, or relatives by affinity
within the same degree
b. Felony is committed in vindication of such grave offense
- A lapse of time is allowed between vindication and
the doing of a grave offense
- The Spanish text uses “proxima.” Although the grave
offense which engendered the perturbation of mind
was not so immediate, it was held that the influence
thereof, by reason of its gravity, lasted until the
moment the crime was committed. [People v.
Parana, G.R. No. L-45373 (1937)]
- However, this circumstance cannot be considered
where sufficient time has elapsed for the accused to
regain his composure. [People v Ventura, G.R. No.
148145- 46 (2004)]
Vindication (para 5) and passion/obfuscation (para 6),
considered together
Vindication of a grave offense and passion or obfuscation
cannot be counted separately and independently. People v.
Torpio, G.R. No. 138984 (2004): The mitigating circumstance of
sufficient provocation cannot be considered apart from the
circumstance of vindication of a grave offense. These two
circumstances arose from one and the same incident, i.e., the
attack on the appellant by the accused, so that they should
be considered as only one mitigating circumstance
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Article 13. Mitigating circumstances. - The following are
mitigating circumstances;
6. That of having acted upon an impulse so powerful as naturally to
have produced passion or obfuscation.
REASON
• diminution of the the conditions of voluntariness —
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Passion or Obfuscation (Arrebato Y Obcecacion)
- DEFINITION
- PEOPLE V. OLIVERIO G.R. No. 211159"[T]here is passional