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US vs. Hilario Dela Cruz, 22 Phil. 429 (G.R. No. L-7094), March 29, 1912

Defendant killed his lover after catching her having sex with an acquaintance. The trial court found him guilty of homicide without extenuating circumstances. However, the appellate court found there was an extenuating circumstance, as the defendant acted upon a powerful impulse and passion when discovering his lover with another, similarly to a Spanish case. The appellate court thus reduced the defendant's sentence.

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US vs. Hilario Dela Cruz, 22 Phil. 429 (G.R. No. L-7094), March 29, 1912

Defendant killed his lover after catching her having sex with an acquaintance. The trial court found him guilty of homicide without extenuating circumstances. However, the appellate court found there was an extenuating circumstance, as the defendant acted upon a powerful impulse and passion when discovering his lover with another, similarly to a Spanish case. The appellate court thus reduced the defendant's sentence.

Uploaded by

Cill Tristan
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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FACTS:

1. Defendant (De la Cruz), in the heat of passion, killed his querida when he caught her red-handed 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).

ISSUES:
1.W/N there is an extenuating/mitigating circumstance present - YES

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.

The Court mentioned the view taken by the Supreme Court of Spain regarding a case with similar state
of facts: A man who kills a woman (his lover) for having caught her in her underclothes with another
man and afterwards shoots himself inflicting a serious wound should be responsible for the act but
with extenuating circumstance considered because he acted as such due to strong emotion which
impelled him to perform the criminal act. The situation presents a sufficient impulse in the natural and
ordinary course to produce the violent passion and obfuscation which the law regards as a special
reason for extenuation.

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