Juliana Gorricho vda. de Pardo de Tavera (seated at the center with
baby Andrés Luna y Pardo de Tavera) with María de la Paz Pardo de Tavera
y Gorricho de Luna (standing 2nd from the right) and José Rizal
(standing 2nd from the left)
Juan Luna was a man of violent temper. He suspected his wife of
infidelity, and when his wife and mother-in-law locked themselves in a
room to escape his anger, he shot them both and killed them.
He was
acquitted of his crime of passion, and the assassination of his brother
contributed to his death by heart attack at the age of 42 in Hong Kong
on his way to join the Revolution in 1899.
In
a “crime of passion”, a person commits a crime against a spouse or
loved one, or another person, because of anger or heartbreak. When a
person becomes very jealous or disappointed, it can produce such strong
emotions that he cannot think... rationally and may act on his
impulses without thinking about the consequences.the Philippine justice
system considers “having acted upon an impulse so powerful as
naturally to have produced passion or obfuscation” a circumstance that
mitigates criminal liability. Not only that, but Article 247 of the
Revised Penal Code expressly provides that if a person catches his
spouse in flagrante delicto with another person and kills one or both
of them as a consequence, he shall only suffer the penalty of
destierro, or exile, and this only to protect him from the vengeance of
the relatives of his victims. This provision, which makes the
Philippines one of the few jurisdictions which recognize the “crime of
passion” defense, is a holdover from the old Spanish Penal Code, which
was in force in the Philippines from 1886 to 1930, a revised form of
which became the Revised Penal Code of the Philippines.
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