2013 (Criminal Law) Bar Exam Questions: Multiple Choice Question 3

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Passion or obfuscation may be appreciated ______. (0.5%)

(A) if it arises from jealousy in an amorous relationship between a married man and a single woman

(B) if it arises from jealousy of a man who has been living-in with the woman for the past 20 years

(C) if it arises from jealousy with immoral, lustful and vindictive sentiments of the offender against the victim

(D) in none of the above situations


  1. D. None of the above. To be considered mitigating, the following requisites must concur:
    • The offender acted on impulse powerful enough to produce passion or obfuscation;
    • That the act was committed not in the spirit of lawlessness or revenge; and
    • The act must come from lawful sentiments.
    The causes must spring from lawful or moral sentiments, not induced by spirit of lawlessness, revenge or immoral passions. However, killing the common-law-wife surprised in flagranti in carnal knowledge with a friend is passion that is mitigating because the offender acted under an impulse cause by the sudden discovery that the woman proved untrue to him.

    Furthermore, the act must have been committed immediately or shortly after the act causing such passion or obfuscation and the commission of the felony. It is not mitigating if the crime is planned and clearly mediated before execution

  2. B. citing People V Engay Although it was held in the Hicks case that the causes which produce in the mind loss of reason and self control and which lessens criminal responsibility are those which originate from lawful sentiments not those which arise from vicious unworthy and immoral passions yet such s not the case here where the fact that the accused lived for 15 years as the real wife of the deceased whose house she helped support could not but arouse that natural feeling of despair in the woman who saw her life broken and found herself abandoned by the very man whom she considered for so long a time as her husband and fro whom she had made so many sacrifices.The circumstance of passion and obfuscation was considered in favor of the accused.

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