Analogous circumstances
by his neighbors after he kicked some of
Owner of animal that is taken for
random (vindication)
Espirt de corps (passion or
obfuscation)
Voluntary restitution of stolen property
(voluntary surrender)
Extreme poverty and necessity
(incomplete state of necessity)
Testifying for the prosecution (plea of
guilty)
o In applying to become for a
state witness, you will be asked
to testify. If the court finds that
your testimony is good enough,
it will give an order discharging
you with the charges. If not,
only a mitigating circumstance.
Circumstances that are NOT analogous:
Killing the wrong man
Reputation of being a rascal and a
bully
Lack of irreparable damage
Not resisting arrest
Running amuck
Being a battered husband?
In this case, it was established that
petitioner and his wife had a violent
altercation and that petitioner was mauled
them for laughing at him. These events and
circumstances prior to the killing of Alfredo
Gonzales could have caused unusual
outbursts of passion and emotion on
petitioners part. These resulted in the tragic
stabbing of the victim thus entitling
petitioner to the mitigating circumstance
analogous to passion and obfuscation.
(Danafrata vs. People)
Article 14: AGGRAVATING
CIRCUMSTANCES
- Circumstances that, if attendant serve to
increase the penalty without exceeding
the maximum penalty provided by law.
Kinds:
a. Generic genereally applicable to all
kinds of crime
b. Specific applicable to particular
crimes
c. Qualifying changes the nature of the
crime
d. Inherent must of necessity
accompany the commission of the
crime. They cannot be take in to
account for the purpose of increasing
the penalty. (has no effect)