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    Passional Obfuscation

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    Lays Rds
    The document discusses the penalty for slight physical injuries which is arresto menor ranging from 1 to 30 days imprisonment. It also discusses the mitigating circumstance of passion or obfuscation that must be considered when imposing the correct penalty if the crime was committed due to an uncontrollable burst of passion or legitimate stimulus that overcomes reason.

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    Passional Obfuscation

    Uploaded by

    Lays Rds
    25 views1 page
    The document discusses the penalty for slight physical injuries which is arresto menor ranging from 1 to 30 days imprisonment. It also discusses the mitigating circumstance of passion or obfuscation that must be considered when imposing the correct penalty if the crime was committed due to an uncontrollable burst of passion or legitimate stimulus that overcomes reason.

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    Passional obfuscation

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    The document discusses the penalty for slight physical injuries which is arresto menor ranging from 1 to 30 days imprisonment. It also discusses the mitigating circumstance of passion or obfuscation that must be considered when imposing the correct penalty if the crime was committed due to an uncontrollable burst of passion or legitimate stimulus that overcomes reason.

    Copyright:

    © All Rights Reserved
    Download as TXT, PDF, TXT or read online from Scribd
    Download as txt, pdf, or txt
    25 views1 page

    Passional Obfuscation

    Uploaded by

    Lays Rds
    The document discusses the penalty for slight physical injuries which is arresto menor ranging from 1 to 30 days imprisonment. It also discusses the mitigating circumstance of passion or obfuscation that must be considered when imposing the correct penalty if the crime was committed due to an uncontrollable burst of passion or legitimate stimulus that overcomes reason.

    Copyright:

    © All Rights Reserved
    Download as TXT, PDF, TXT or read online from Scribd
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    The penalty for slight physical injuries is arresto menor, which ranges from one

    (1) day to thirty (30) days of imprisonment.52 In imposing the correct penalty,
    however, the Court has to consider the mitigating circumstance of passion or
    obfuscation under Article 13(6). of the RPC,53 because Jabalde lost his reason and
    self-control, thereby diminishing the exercise of his will power.54 There 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.55 For passion and obfuscation to be
    considered a mitigating circumstance, it must be shown that: (1) an unlawful act
    sufficient to produce passion and obfuscation was committed by the intended victim;
    (2) the crime was committed within a reasonable length of time from the commission
    of the unlawful act that produced the obfuscation in the accused's mind; and (3)
    the passion and obfuscation arose from lawful sentiments and not from a spirit of
    lawlessness or revenge.56 With her having acted under the belief that Lin had
    killed her daughter, Jabalde is entitled to the mitigating circumstance of passion
    and obfuscation.

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