People Vs Adlawan
People Vs Adlawan
People Vs Adlawan
US v De la Cruz
Mitigating Circumstances
Passion or Obfuscation
Date: 29 March 1912Ponente: Carson, J.
SUMMARY:
Defendant, in the heat of passion, killed his querida(concubine or lover) upon catching her
red-handed inthe arms of another. Trial court convicted defendant ofhomicide and
sentenced him to 14 years 8 months 1 dayof reclusion temporal. Supreme Court
foundextenuating/mitigating circumstances in the commissionof the act of homicide
therefore reducing defendant
In the Hicks case, the cause of thealleged passion and obfuscation of thedefendant was
his vexation,disappointment, and deliberate angerdue to the woman
s refusal to live withhim. The act of killing was done withpremeditation and preparation.
Prior tothe accomplishment of his criminaldesign, he acted properly in front of hisvictim in
order to mask his trueintentions.
In this case, the impulse upon whichdefendant acted and which naturallyproduced
passion and obfuscation wasbecause of the sudden revelation thatshe was untrue to
him and his
Related Provisions:Subsection 7, Art. 9 (penal codeimposed back then):