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    People VS Bates

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    TaJheng Barde
    The defendant Marcelo Bates appealed his conviction for murder, arguing that the mitigating circumstances of passion and obfuscation as well as voluntary surrender were present. The court found that voluntary surrender was proven by testimony that Marcelo surrendered to the barangay captain after the incident. However, the court ruled passion and obfuscation did not apply because Marcelo hacking the victim a second time after seeing his brother dead showed he acted out of anger and revenge rather than lawful passion. While reducing the conviction to homicide, the court modified the penalty to account for the proven mitigating circumstance of voluntary surrender.

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    People VS Bates

    Uploaded by

    TaJheng Barde
    498 views2 pages
    The defendant Marcelo Bates appealed his conviction for murder, arguing that the mitigating circumstances of passion and obfuscation as well as voluntary surrender were present. The court found that voluntary surrender was proven by testimony that Marcelo surrendered to the barangay captain after the incident. However, the court ruled passion and obfuscation did not apply because Marcelo hacking the victim a second time after seeing his brother dead showed he acted out of anger and revenge rather than lawful passion. While reducing the conviction to homicide, the court modified the penalty to account for the proven mitigating circumstance of voluntary surrender.

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    The defendant Marcelo Bates appealed his conviction for murder, arguing that the mitigating circumstances of passion and obfuscation as well as voluntary surrender were present. The court found that voluntary surrender was proven by testimony that Marcelo surrendered to the barangay captain after the incident. However, the court ruled passion and obfuscation did not apply because Marcelo hacking the victim a second time after seeing his brother dead showed he acted out of anger and revenge rather than lawful passion. While reducing the conviction to homicide, the court modified the penalty to account for the proven mitigating circumstance of voluntary surrender.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    498 views2 pages

    People VS Bates

    Uploaded by

    TaJheng Barde
    The defendant Marcelo Bates appealed his conviction for murder, arguing that the mitigating circumstances of passion and obfuscation as well as voluntary surrender were present. The court found that voluntary surrender was proven by testimony that Marcelo surrendered to the barangay captain after the incident. However, the court ruled passion and obfuscation did not apply because Marcelo hacking the victim a second time after seeing his brother dead showed he acted out of anger and revenge rather than lawful passion. While reducing the conviction to homicide, the court modified the penalty to account for the proven mitigating circumstance of voluntary surrender.

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    © All Rights Reserved
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    of 2

    Topic: MITIGATING CIRCUMSTANCE (Passion and Obfuscation / Voluntary Surrender)

    People VS Bates, G.R. No. 139907, March 28, 2003

    FACTS:
    After delivering copra that afternoon, the deceased Jose and 2 men headed back to Brgy.
    Esperanza. Along the trail leading to the house of Carlito Bates, the latter emerged from the banana
    plantation and aimed his firearm at Jose. As Jose and Carlito grappled for the possession of the gun, it
    fired and hit Carlito causing him to fall on the ground. Accused Marcelo Bates and his son emerged with
    bolos at hand. They hacked Jose several times causing his death.
    The defense told a different version of what happened. They stated that the Jose dragged
    Carlito out of his house arguing and grappling. Jose shot Carlito with a gun as Marcelo approached them.
    Jose also shot Marcelo but the latter was able to avoid it. Jose shooting him the second time, Marcelo
    retaliated by hacking him at the neck with a bolo. Marcelo went to his brother Carlito but saw him dead,
    so he went back to Jose and hacked him again. Marcelo surrendered to the barangay captain after.
    Accused was convicted of the crime of murder and appealed stating that the mitigating circumstance of
    passion and obfuscation, as well as voluntary surrender is present in the case.

    ISSUE(S):

    1. Whether or not the mitigating circumstance of voluntary surrender is present.


    2. Whether or not the mitigating circumstance of passion and obfuscation is present.

    RULING:

    1.
    Yes, the mitigating circumstance of voluntary surrender is present.
    Accused was able to prove the mitigating circumstance of voluntary surrender, as shown by the
    testimony of Barangay Captain Feliseo Sano.

    2.
    No, the mitigating circumstance of passion and obfuscation is not present.
    Passion and obfuscation may not be properly appreciated in favor of appellant. To be considered as
    a mitigating circumstance, passion or obfuscation must arise from lawful sentiments and not from a
    spirit of lawlessness or revenge or from anger and resentment. In the case, Marcelo was infuriated upon
    seeing his brother, Carlito, shot by Jose. However, a distinction must be made between the first time
    that Marcelo hacked Jose and the second time that the former hacked the latter. When Marcelo hacked
    Jose right after seeing the latter shoot at Carlito, and if accused refrained from doing anything else after
    that, he could have validly invoked the mitigating circumstance of passion and obfuscation. But when,
    upon seeing his brother Carlito dead, Marcelo went back to Jose, who by then was already prostrate on
    the ground and hardly moving, hacking Jose again was a clear case of someone acting out of anger in the
    spirit of revenge.
    Therefore, appreciating the mitigating circumstance of voluntary surrender, the trial court’s initial
    decision is modified. Accused is convicted of the crime of homicide and sentenced to a penalty lower in
    degree.

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