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Facts: Issues: Ruling:: PEOPLE v. MARCELINO OLOVERIO, GR No. 211159, 2015-03-18

Marcelino Oloverio was found guilty of homicide under Article 249 of the Revised Penal Code. He was entitled to the mitigating circumstances of passion and obfuscation and of voluntary surrender. Passion and obfuscation as a mitigating circumstance does not need to be felt only seconds before the crime, but can build up over time from prior unjust acts or a sufficiently powerful stimulus until it overcomes reason. The obfuscation must originate from lawful feelings and the act producing the obfuscation cannot be far removed from the crime by a considerable length of time allowing the accused to recover normal equanimity.

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288 views1 page

Facts: Issues: Ruling:: PEOPLE v. MARCELINO OLOVERIO, GR No. 211159, 2015-03-18

Marcelino Oloverio was found guilty of homicide under Article 249 of the Revised Penal Code. He was entitled to the mitigating circumstances of passion and obfuscation and of voluntary surrender. Passion and obfuscation as a mitigating circumstance does not need to be felt only seconds before the crime, but can build up over time from prior unjust acts or a sufficiently powerful stimulus until it overcomes reason. The obfuscation must originate from lawful feelings and the act producing the obfuscation cannot be far removed from the crime by a considerable length of time allowing the accused to recover normal equanimity.

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PEOPLE v. MARCELINO OLOVERIO, GR No.

211159, 2015-03-18
Facts:
Issues:
Ruling:
Accused-appellant Marcelino Oloverio is guilty only of homicide under Article 249 of the
Revised Penal Code. He is entitled to the mitigating circumstances of passion and
obfuscation and of voluntary surrender.
Principles:
Passion and obfuscation as a mitigating circumstance need not be felt only in the seconds
before the commission of the crime. It may build up and strengthen over time until it can no
longer be repressed and will ultimately motivate the commission of the... crime.
[T]here is passional 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."
"The obfuscation must originate from lawful feelings. The turmoil and unreason which
naturally result from a quarrel or fight should not be confused with the sentiment or
excitement in the mind of a person injured or offended to such a degree as to deprive him of
his sanity and... self-control, because the cause of this condition of mind must necessarily
have preceded the commission of the offense."
Moreover, "the act producing the obfuscation must not be far removed from the commission
of the crime by a considerable length of time, during which the accused might have
recovered his normal equanimity.

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