Passion or obfuscation, A13(6) Revised Penal Code

1. Concept

Passion or obfuscation – refers to the mitigating circumstance under the Revised Penal Code wherein the accused acted upon an impulse so powerful as naturally to have produced passion or obfuscation.

a. Legal basis

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.

(Revised Penal Code)

2. Passion or obfuscation

For the mitigating circumstance of passion or obfuscation, the accused must have acted upon an impulse that is so powerful or overwhelming that it naturally produced passion or obfuscation clouding his/her judgment.

a. Elements

Elements of passion or obfuscation as a mitigating circumstance:

1) That there be an act, both unlawful and sufficient to produce such condition of mind; and

2) That 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. (People v. Olovrio, supra.)

1) Unlawful act sufficient to produce such condition of mind

For a person to be motivated by passion and obfuscation, there must first exist an unlawful act that would naturally produce an impulse sufficient to overcome reason and self-control. There is passional obfuscation when the crime is committed due to an uncontrollable burst of passion provoked by prior unjust or improper...