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People vs Adlawan

GR No L-45629 March 1949FactsThis is a review of the sentence of


death and ne of P20,000.00 imposed upon appellantCucufate Adlawan by the Peoples Court wherein Adlawan
was charged with treason butconvicted of the
complex crime of treason with murder, robbery and rape
.Appellant Adlawan pleaded guilty to a complaint against charged against him. Saidcomplaint states that during the
year 1943 to 1945, Adlawan adhered to the enemy, the Empireof Japan and its Imperial Japanese forces, with
treasonable intent to give aid and comfort tosaid enemy by going out on numerous patrol in company with Japanese
forces in search ofguerilla and other elements resisting the enemy of the Philippines. In the course of doing
so,Adlawan also committed murder, torture, robbery, and rape.RulingThe Peoples Court convicted Adlawan guilty of
the
complex crime of treason withmurder, robbery and rape
. He is sentenced to suffer the penalty of death and ne ofP20,000.00.Upon review before the Supreme Court
Adlawan assails the conviction and the lowercourt should have appreciated his mitigating circumstances of voluntary
surrender, that he is awitness utilised by the CIC and that he saved many civilian lives from the Japanese forces.
Hefurther states that the lower court erred in appreciating the aggravating circumstances treachery,murder, abuse of
superiority and unnecessary cruelty.The Supreme Court modied the decision of the lower court to the extent that
thepenalty to be imposed is
reclusion perpetua
and ne of P20,000.00RationaleThe Supreme Court said that the aggravating circumstances of treachery and abuse
ofsuperior strength should not have been considered. These are by their nature inherent in theoffense of treason.
However, the facts show that in committing treason, appellant augmentedthe wrong by being cruel to captured
guerilla suspects, subjecting them to torture and death. Healso chose to add ignominy by stripping off the clothes of
a guerilla suspects wife and abusingthem with other Filipino girls. These two aggravating circumstances of
unnecessary cruelty andignominy
may be appreciated.The penalty for the crime of treason is
reclusion perpetua
to death, and a ne not toexceed P20,000.Appellant is given the benet of voluntary confession of guilty, but
appreciating againsthim the aggravating circumstances of unnecessary cruelty and ignominy, the penalty should
beimposed in its maximum. However, ve members of the court opposed the death penalty

US v De la Cruz
Mitigating Circumstances

Passion or Obfuscation
Date: 29 March 1912Ponente: Carson, J.
SUMMARY:
Defendant, in the heat of passion, killed his querida(concubine or lover) upon catching her
red-handed inthe arms of another. Trial court convicted defendant ofhomicide and
sentenced him to 14 years 8 months 1 dayof reclusion temporal. Supreme Court
foundextenuating/mitigating circumstances in the commissionof the act of homicide
therefore reducing defendant

ssentence to 12 years 1 day of reclusion temporal.


ISSUES:1.
WoN there is an extenuating/mitigatingcircumstance present - YESFACTS:
1.
Defendant (De la Cruz), in the heat of passion,killed his querida when he caught her redhanded in carnal communication with a mutualacquaintance.
2.
Trial court found defendant guilty of homicidewithout any extenuating circumstances
present.Defendant was sentenced to 14 years 8 months1 day of reculsion temporal
(medium degree ofpenalty prescribed by the code).
HOLDING:1.
YES. There is an extenuating circumstancepresent in the case. The Court is of the
opinionthat the defendant acted upon an impulse sopowerful as naturally to have
produced passionand obfuscation when he caught his querida incarnal communication
with a mutualacquaintance.
The Court mentioned the view taken by theSupreme Court of Spain regarding a case
withsimilar state of facts:A man who kills a woman (his lover) for havingcaught her in her
underclothes with anotherman and afterwards shoots himself inflicting aserious wound
should be responsible for the actbut with extenuating circumstance consideredbecause he
acted as such due to strong emotionwhich impelled him to perform the criminal act.The
situation presents a sufficient impulse in thenatural and ordinary course to produce
theviolent passion and obfuscation which the lawregards as a special reason for
extenuation.The Court also differentiated this case from US vHicks:

In the Hicks case, the cause of thealleged passion and obfuscation of thedefendant was
his vexation,disappointment, and deliberate angerdue to the woman

s refusal to live withhim. The act of killing was done withpremeditation and preparation.
Prior tothe accomplishment of his criminaldesign, he acted properly in front of hisvictim in
order to mask his trueintentions.

In this case, the impulse upon whichdefendant acted and which naturallyproduced
passion and obfuscation wasbecause of the sudden revelation thatshe was untrue to
him and his
Related Provisions:Subsection 7, Art. 9 (penal codeimposed back then):

The following are extenuating ormitigating circumstances:XxxThat of having acted upon an


impulseso powerful as naturally to haveproduced passion and obfuscation