Professional Documents
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Chapter Three
CIRCUMSTANCES WHICH MITIGATE CRIMINAL LIABILITY
Art. 13 -Mitigating circumstances. — The following are mitigating circumstances;
1. Those mentioned in the preceding chapter, when all the requisites necessary to
justify or to exempt from criminal liability in the respective cases are not
attendant.
2. That the offender is under eighteen years of age or over seventy years. In the
case of the minor, he shall be proceeded against in accordance with the provisions
of Art. 80.
3. That the offender had no intention to commit so grave a wrong as that
committed.
4. That sufficient provocation or threat on the part of the offended party
immediately preceded the act.
5. That the act was committed in the immediate vindication of a grave offense to
the one committing the felony (delito), his spouse, ascendants, or relatives by
affinity within the same degrees.
6. That of having acted upon an impulse so powerful as naturally to have produced
passion or obfuscation.
7. That the offender had voluntarily surrendered himself to a person in authority or
his agents, or that he had voluntarily confessed his guilt before the court prior to
the presentation of the evidence for the prosecution;
8. That the offender is deaf and dumb, blind or otherwise suffering some physical
defect which thus restricts his means of action, defense, or communications with
his fellow beings.
9. Such illness of the offender as would diminish the exercise of the will-power of
the offender without however depriving him of the consciousness of his acts
10. And, finally, any other circumstances of a similar nature and analogous to
those above mentioned.
Par 1 – reference to justifying/exempting circumstances but not all requisites to exempt/justify are
present
♥ Self-defense, defense of relative and of stranger (Art 11 par 1-3)
Unlawful aggression is present but the 2 other requisites (reasonable necessity & sufficient
provocation) are not.
♥ avoidance of greater evil (Art 11 par 4)
if any of the last 2 requisites is absent-mitigating
♥ fulfillment of duty/lawful exercise of a right or office
when only 1 out of the 2 requisites is present. (lawful exercise of duty & injury is necessary
♥ obedience to a superior (Art 11 par 6
requisites: command is issued by superior, order is lawful and means is lawful
♥ 9-15 yrs old (Art 12 par 3)
acted with discernment
♥ by accident (Art. 12 par 4)
requisites:
performing lawful act
with due care
causes injury to another by mere accident
w/o fault or intention
if 2nd req & 1st part of 4th req = negligence/imprudence ->mitigating since penalty is lower
than intentional felony
if 1st requisite & 2 and part of 4th requisite are absent = intentional felony. 2nd & 3rd req are
not present either
♥ uncontrollable fear (Art 12 par 6)
only 1 of the 2 reqs should be present (threat is @ least = to the action, uncontrollable
threat)
Par 2 – under 18/ over 70 years of age
above 15 but below 18 and acted without discernment = exempting accd to RA 9344
○ if with discernment = diversion programs
a. less than 6 yrs penalty – conduct mediation, family conferencing and conciliation
b. victimless crimes (less than 6yrs) – social welfare & parents/guardians will meet to
decide
c. more than 6 yrs – diversion programs may be resorted only by the court
Par 3 – no intention to commit so grave a wrong
♥ not appreciated when offender employed brute force such as choking a 6-yr old
♥ mitigating in robbery w/ homicide
– when there is showing that there was no intention to kill the deceased when entering the
house
♥ not appreciated in treachery
♥ not applicable in physical injuries, negligence, defamation, slander
Par 4 – sufficient provocation/threat from offended party immediately prior
Requisites:
• provocation is sufficient
• originated from offended party
• provocation immediate preceded the act
Par 5 – immediate(proxima) vindication
difference with par 4 – required/allowed time
Requisites:
• there is grave offense done to the offender or to his relatives
• felony committed is in vindication of such grave offense
Provocation & vindication distinguished:
♥ P is directed only to the offender; in V, grave offense may be committed also to the rel’s mentioned
♥ P- need not be grave offense; V- there should be a grave offense committed by the offended party
to the offender
♥ P should be immediate; V can be proximate only
○ difference of time is because it concerns the honor of the person
gravity of offense is determined by the social standing of the person, place, time of the insult
Par 8 – deaf, dumb, blind or any physical defect that restricts action, defense or communication
♥ diminution of that voluntariness
♥ does not create distinction of educated/uneducated deaf-mute or blind
Chapter Four
CIRCUMSTANCE WHICH AGGRAVATE CRIMINAL LIABILITY
Par 5 – crime In palace of chief executive, in his/her presence, where public auth discharged their
duties,place for worship
those venues must be respected
♥ chief executive need not be in Malacañang or in discharge of duties
♥ other persons in public authority must be actually engaged in performance of duties
♥ offender must have intention to commit a crime when entered the place
Par 6 – nighttime, uninhabited place, by band, other circumstance that may facilitate
♥ when the ones enumerated facilitated the commission of the crime
♥ it was especially sought for
♥ the offender took advantage thereof
♥ it is not aggravating when the crime began at daytime without interruption
♥ commission must begin and end during the nighttime
♥ if the crime is done in brilliance of light – not aggravating
♥ uninhabited place – where victim will have no reasonable possibility of receiving help
○ where there are no houses nearby
○ where the victims are the occupants of the only house in the place
○ the place must be sought by offenders
♥ by band – more than 3 armed malefactors who acted together (at least 4)
○ stone is considered “arm”
○ not aggravating when one of the 3 is principal only – they should act together
○ crimes against property and persons – thus not considered in crimes against chastity
Par 9 – recidivist
Requisites:
• offender is on trial for an offense
• previously convicted by final judgment of another crime
• both crimes are in the same title of the code
• offender is convicted of the new offense
note: while “time of trial” not time of the commission of the crime
♥ pardon does not obliterate the fact of recidivism
Par 10 – previously punished with an equal or greater penalty or for at least 2 crimes with lighter
penalty
Requisites:
• accused is on trial for an offense
• previously served sentence for a crime with equal or greater penalty or for 2 or more with
lighter penalties
• offender is convicted for the new offense
Recidivism and Reiteracion distinguished
a) reiteracion – sentence should have been served; recidivism – final judgment is enough
b) “ - crimes does not be under the same title of the code;
c) “ - not always aggravating unlike recidivism
○ to be aggravating crimes must be committed to the same category. like against persons,
property
4 Forms of repetition:
1) Recidivism
2) Reiteracion or habituality
3) Multi Recidivism or habitual delinquency – within 10 yrs from the date of last releast or
last conviction commits SERIOUS OR LESS SERIOUS PHYSICAL INJURIES,ROBBERY,
THEFT, ESTAFA OR FALSIFICATION and found guilty the 3rd time or oftener
a. the offender is either a recidivist or one who has been punished at least twice
4) Quasi-recidivism
– person who commits a felony after having been convicted by final judgment,
before beginning to serve such sentence or while serving the same