Académique Documents
Professionnel Documents
Culture Documents
CIRCUMSTANCES
Posted by kaye lee on 9:36 AM
Article 15. Their concept Alternative circumstances are those which must be taken
into consideration as aggravating or mitigating according to
the nature and effects of the crime and the other conditions
attending its commission. They are the relationship,
intoxication, and the degree of instruction and education of
the offender.
The alternative circumstance of relationship shall be taken
into consideration when the offended party is the spouse,
ascendant, descendant, legitimate, natural, or adopted
brother or sister, or relative by affinity in the name of the
degree of the offender.
The intoxication of the offender shall be taken into
consideration as a mitigating circumstance when the
offender has committed a felony in a state of intoxication, if
the same is not habitual or subsequent to the plan to commit
said felony, but when intoxication is habitual or intentional, it
shall be considered as an aggravating circumstance.
Definition. Are those which must be taken into consideration as
aggravating or mitigating according to the nature and effects of the crime
and the other conditions attending its commission.
Basis. Nature and effects of the crime and the other conditions attending
its commission.
Alternative circumstances:
1. Relationship
2. Intoxication;
3. Degree of instruction and education of the offender.
Mitigating
Aggravatin
g
Exempting
Article 332
a. Theft
b. Swindling
c.
a. offended party
is a relative of
ahigher
degree than
the offender,
Estafa
Not
MC or
AC
Parrici
de
Adulte
ry
Concu
b. or where
offender and
offended party
are relatives
of the same
line
c. Not
aggravating:
when the
offender killed
d. Arson (Arts
his brother in
321,322, 325,326) law
is a brother or sister or
brother in law or sister in law
of the offended party and
they are living together.
(Absolutory cause)
Trespass to
dwelling
1. Crime against
persons when
it is serious
physical
injuries
Article 247
Less serious physical injuries
Serious physical injuries
Where a spouse committed after
having surprise the offended
spouse or paramour or mistress
committing actual sexual
intercourse
insepa
rable
and
inhere
nt in
the
offens
e
(the offended
party is
descendant,
whether
illegitimate or
legitimate)
2. Less serious
physical
injuries if
offended party
is relative of
higher degree
of the offender
3. Slight physic
alinjuries same as b.
Death of
victim who is
a step child by
a step parent
on the fact
that the victim
of crime is a
relative of
lower degree,
but not
parricide
Other condition
attending;
Crime agains
tchastity
by the latter in
contractingadulter
ousrelations with
the wife of the
accused; or
Rape
Regardless of
whether the
offender is a
Accused, a brother relative of a
in law, struck the
higher or
deceased, the
lower degree
reason is to render of the
service to relative offended party
Qualifying
AC.
Intoxication.
Must be proved
a.
Crime of
qualified
seduction
where the
victim must be
a virgin and
under 18
years of age
b.
Qualified
seduction if
the offender is
the brother or
son of the
offended
woman
Aggravating
2. If intoxication is unintentional
2. If it is intentional
- not subsequent to the plan (subsequent to the plan of
to commit a felony
committing a felony)
If the intoxication
isaccidental, where the
accused was drunk at the
time of the commission of
the crime is considered as
MC
Aggravating
intelligence
Treason, Murder
A professional who use his
degree of instruction to take
advantage of it in committing
the crime. Estafa, falsification,
slander, etc. Exception -
Note:
Non-habitual intoxication, lack of instruction and obfuscation
are not to be taken separately.
One mitigating circumstance and impose the proper penalty in the
minimum period.