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Crim Reviewer Section 00056 PDF

This document discusses the legal concept of provocation as a mitigating circumstance. It provides three key points: 1) Provocation must be sufficient and originate from the offended party. It must immediately precede the criminal act, without time for reason to regain control. 2) Provocation and passion or obfuscation should be treated as a single mitigating circumstance if based on the same facts. 3) For provocation to be considered, it must be directed at the person committing the felony and does not require a grave offense by the offended party. The offense and provocation must be proximate in time.

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194 views1 page

Crim Reviewer Section 00056 PDF

This document discusses the legal concept of provocation as a mitigating circumstance. It provides three key points: 1) Provocation must be sufficient and originate from the offended party. It must immediately precede the criminal act, without time for reason to regain control. 2) Provocation and passion or obfuscation should be treated as a single mitigating circumstance if based on the same facts. 3) For provocation to be considered, it must be directed at the person committing the felony and does not require a grave offense by the offended party. The offense and provocation must be proximate in time.

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LawStudent101412
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© © All Rights Reserved
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• __

[People v. Nabora, G.R. No. L-48101 (1941)]

• Depends upon:
▪ Social standing of person provoked
▪ Act constituting provocation
▪ Time and place where the provocation is made

b. It must originate from the offended party

c. The provocation is immediate to the act, or the commission


of the crime

- • When there is an interval of time between the


provocation and the commission of the crime, the
perpetrator has time to regain his reason [People v
Pagal, G.R. No. L-32040 (1977)]
---------------------------------------------------------
Article 13. Mitigating circumstances. - The following are
mitigating circumstances;

4. That sufficient provocation or threat on the part of the offended


party immediately preceded the act.

BASIS / REASON
• Diminution of intelligence and intent Sufficient provocation Provocation as a
as a requisite of mitigating
---------------------------------------------------------
incomplete selfdefense circumstance
PROVOCATION OR THREAT (ON THE PART OF THE
OFFENDED PARTY) It pertains to its absence on It pertains to its presence on
- Provocation the part of the person the part of the offended
- Any unjust or improper conduct or act of the offended defending himself. [People v. party.
party capable of exciting, inciting, or irritating anyone. CA, G.R. No. 103613 (2001)]

- Threat there must be ABSENCE there must be PRESENCE


- must not be offensive and positively strong, otherwise
may result to unlawful aggression justifying self-defense. part of the person defending part of the offended party
- vague threats are insufficient himself.
- vague: “if you follow us, beware”
- clear: “if you follow us, we will kill you” result: justification of self result: mitigated
defense

Provocation (par 4) and passion/obfuscation (par 6),


considered together

Romera v. People, G.R. No. 151978 (2004): Provocation and


passion or obfuscation are not two separate mitigating
circumstances. It is well settled that if these two circumstances PROVOCATION VINDICATION
are based on the same facts, they should be treated
together as one mitigating circumstance. It is clear that both It is made directly only to the The grave offense may be
circumstances arose from the same set of facts. Hence, they person committing the committed against the
should not be treated as two separate mitigating felony. offender’s relatives
circumstances. mentioned by law

The offense need not be a The offended party must


grave offense. have done a grave offense to
REQUISITES OF PROVOCATION
the offender or his relatives

a. Provocation must be sufficient


The provocation or threat The grave offense may be
must immediately precede proximate, which admits of
• “Sufficient” means adequate to excite a person to commit
the act an interval of time
a wrong and must accordingly be proportionate to its gravity.

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