Crimes of Passion and the Slaying of Jennifer Laude

 There is such a thing as exemption from criminal liability if, through under overwhelming circumstance, a lover kills his partner during the time he caught her in bed with another. He could even kill them both if he were that much “blinded” by his rage.

October, 2014; the body of one Jennifer Laude was found dead in a lodge in Olongapo City. Prior to her death, she was seen entering the lodge with a member of the 2^nd Battalion 9^th Marines of the US Marines, Joseph Scott Pemberton.

If Pemberton was really behind the slaying, a query may arise: can this be considered a crime of passion?

Initially, it may appear as so—according to reports, Laude’s friend gave a statement that he was asked by Laude to leave because Pemberton might find out that they’re gay and transgender. It could be possible that Pemberton slew Laude out of sheer shock upon the discovery. So does that count for a crime of passion?

Although there have been reports that two used condoms were found inside the room where they stayed in, the evidence has not yet been scrutinized as to indicate that it was used by the pair. If, though, it was proven that even with the knowledge that Laude was a transvestite, Pemberton still had sexual relations with her, it might indicate that there was some premeditation in the killing thus making it murder.

Going back to our question of law, can the hypothetical crime be considered a crime of passion? According to a lawyer in Manila, plain and simple, the answer is no. The Revised Penal Code under Crimes Against Persons provides that the perpetrator must be the spouse or father of the victim in which, after seeing the wife in bed with another man, or the daughter (sons not counted), under the age of 18, with a male sexual partner and having sex.

Unless it’s anyone else, if the action was done in a fit of unhindsighted anger, then it shall be homicide—crimes of passion may only be considered on married male individuals (the reason for which might be because the RPC is written with the Family Code in mind). If found guilty, the least that perpetrator in Laude’s death can be charged with is homicide and at most, a degree of murder (see the difference [here]).Crimes of Passion and the Slaying of Jennifer Laude

There is such a thing as exemption from criminal liability if, through under overwhelming circumstance, a lover kills his partner during the time he caught her in bed with another. He could even kill them both if he were that much “blinded” by his rage.

October, 2014; the body of one Jennifer Laude was found dead in a lodge in Olongapo City. Prior to her death, she was seen entering the lodge with a member of the 2^nd Battalion 9^th Marines of the US Marines, Joseph Scott Pemberton.

If Pemberton was really behind the slaying, a query may arise: can this be considered a crime of passion?

Initially, it may appear as so—according to reports, Laude’s friend gave a statement that he was asked by Laude to leave because Pemberton might find out that they’re gay and transgender. It could be possible that Pemberton slew Laude out of sheer shock upon the discovery. So does that count for a crime of passion?

Although there have been reports that two used condoms were found inside the room where they stayed in, the evidence has not yet been scrutinized as to indicate that it was used by the pair. If, though, it was proven that even with the knowledge that Laude was a transvestite, Pemberton still had sexual relations with her, it might indicate that there was some premeditation in the killing thus making it murder.

Going back to our question of law, can the hypothetical crime be considered a crime of passion? According to a lawyer in Manila, plain and simple, the answer is no. The Revised Penal Code under Crimes Against Persons provides that the perpetrator must be the spouse or father of the victim in which, after seeing the wife in bed with another man, or the daughter (sons not counted), under the age of 18, with a male sexual partner and having sex.

Unless it’s anyone else, if the action was done in a fit of unhindsighted anger, then it shall be homicide—crimes of passion may only be considered on married male individuals (the reason for which might be because the RPC is written with the Family Code in mind). If found guilty, the least that perpetrator in Laude’s death can be charged with is homicide and at most, a degree of murder (see the difference [here]).