This case has been cited 1 times or more.
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2001-09-24 |
QUISUMBING, J. |
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| On the other hand, passion and obfuscation exists when (1) there is an act, both unlawful and sufficient to produce such a condition of the mind, and (2) the 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.[53] In the instant case, witnesses testified that the deceased SPO4 Miguel started the confrontation when he kicked appellant and hurled invectives at him, and aimed his rifle at appellant's temple. The witnesses also testified that immediately after said incident, appellant was driven home by his companions and appellant returned to the station within ten to 15 minutes. Under these circumstances, appellant is entitled to the mitigating circumstance of obfuscation. There is passion and obfuscation when the crime was committed due to an uncontrollable burst of passion provoked by prior unjust or improper acts, or due to a legitimate stimulus so powerful as to overcome reason.[54] | |||||