Beruflich Dokumente
Kultur Dokumente
US v De la Cruz
Mitigating Circumstances Passion or Obfuscation
Date: 29 March 1912
Ponente: Carson, J.
SUMMARY:
Defendant, in the heat of passion, killed his querida
(concubine or lover) upon catching her red-handed in
the arms of another. Trial court convicted defendant of
homicide and sentenced him to 14 years 8 months 1 day
of reclusion temporal. Supreme Court found
extenuating/mitigating circumstances in the commission
of the act of homicide therefore reducing defendants
sentence to 12 years 1 day of reclusion temporal.
ISSUES:
1. WoN there is an extenuating/mitigating
circumstance present - YES
FACTS:
1. Defendant (De la Cruz), in the heat of passion,
killed his querida when he caught her redhanded in carnal communication with a mutual
acquaintance.
2. Trial court found defendant guilty of homicide
without any extenuating circumstances present.
Defendant was sentenced to 14 years 8 months
1 day of reculsion temporal (medium degree of
penalty prescribed by the code).
HOLDING:
1. YES. There is an extenuating circumstance
present in the case. The Court is of the opinion
that the defendant acted upon an impulse so
powerful as naturally to have produced passion
and obfuscation when he caught his querida in
carnal communication with a mutual
acquaintance.