1 MITIGATING CIRCUMSTANCES

M I T I G A T I N G C I R C U M S T A N C E S
Article 13, Revised Penal Code
Definition Are those which if present in the commission of the crime, do not entirely free the actor from criminal liability, but serve only
to reduce the penalty either by degree or degrees if they are privileged, or by periods if they are ordinary or generic.
a. These circumstances show lesser perversity of the offender and are considered to lower the penalty imposable
Nature generally to the minimum period of the penalty prescribed in the law.

b. They reduces the penalty but do not change the nature of the crime.

E.g.

1. If the crime is murder and there is an OMC, not offset by any aggravating circumstance, the accused should be found
guilty of murder, but the penalty to be imposed is reduced to the minimum of the penalty of murder;

2. If there is a PMC, the penalty for murder will be reduced by one or two degrees lower.

c. They are matters of defense which do not have to be alleged in the information.

d. One or same fact should not give credit to more than one mitigating circumstance in favor of the accused.

E.g.

1. Passion, vindication of a grave offense and provocation cannot co-exist if all are based upon the same fact, hence
only one circumstance should mitigate the criminal liability of the offender;

2. Psychological paralysis and passion and obfuscation in case of battered women do not arise from the same facts,
hence entitle them to two mitigating circumstances.

It is based on the diminution of either freedom of action, intelligence, or intent, or on the lesser perversity of the offender.

Its rationale behind is to show mercy and some extent of leniency in favor of accused who has nevertheless shown lesser
Basis/Rationale perversity in the commission of an offense.

Exception:

Where the evidence on record bespeaks of vileness and depravity, no mercy or leniency should be accorded an
accused who should be made to suffer in full for acts perpetrated with complete voluntariness and intent for
 2 MITIGATING CIRCUMSTANCES
their tragic consequences. (People v. Santos, G.R. Nos. 99259-60, March 29, 1996)

Kinds Ordinary (Generic) Mitigating Circumstances (OMC) Privileged Mitigating Circumstances (PMC)

Can be offset by the presence of an ordinary aggravating Will not be offset by the presence of ordinary aggravating
circumstance. circumstances

Circumstances 1. Senility; 1. Minority;

2. Sufficient provocation or threat; 2. Incomplete justifying or incomplete exempting
3. Immediate vindication of a grave offense; circumstances;
4. Passion or obfuscation; 3. When there are more than one mitigating
5. Voluntarily surrender; circumstances and there is no aggravating
6. Voluntarily plea of guilt; circumstance.
7. Deaf and dumb, blind or other physical defect;
8. Illness;
9. Analogous circumstances
Effects 1. OMC reduces the penalty by periods. 1. PMC reduces the penalties by degrees.

2. Can be offset by ordinary or generic aggravating 2. Cannot be offset by any kind of aggravating
circumstance. circumstance.

3. If not offset by an aggravating circumstance,
produces only the effect of applying the penalty
provided by law for the crime in its minimum
period, in case of divisible penalty.
NOTE:
Exception:
Where there are two OMCs and absolutely no
AC in which case the penalty is lowered by one
degree only.
NOTE:
3. Produces the effect of imposing upon the offender the
penalty lower by one or two degrees than that provided
by law for the crime.
If a provision of the RPC states that the penalty for a
particular felony is lowered by one or two degrees in
view of the presence of a particular circumstance, this
is a PMC which cannot be offset by any generic
aggravating.

Penalty must divisible since indivisible penalty

(death, reclusion perpetua) does not a
minimum, medium and maximum periods.

4. It is not considered in the determination of the
proper penalty when the penalty prescribed by law
for the crime is a single indivisible penalty.
Related Articles No. 4 OMC is related to Article 63, Rules in the application
of indivisible penalties; paragraph 1, In all cases in which
the law prescribes a single indivisible penalty, it shall be
applied by the courts regardless of any mitigating or
aggravating circumstances that may have attended the
commission of the deed.
Applicability as
to crimes
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No. 2 PMC is related to Article 69, Penalty to be imposed when
the crime committed is not wholly excusable. A penalty lower
than one or two degrees than that prescribed by law shall be
imposed if the deed is not wholly excusable by reason of the
lack of some of the conditions required to JUSTIFY the same or
to EXEMPT from criminal liability in the several cases mentioned
in Articles 11 and 12, provided that the majority of such
condition be present.
Otherwise, Article 13, paragraph 1 shall apply, and the penalty
shall be lowered to the MINIMUM period only.
No. 3 PMC is related to Article 64, Rules for application of
penalties which contain three periods; paragraph 5, When
there are two or more mitigating circumstances and no
aggravating circumstances are present, the court shall impose
the penalty next lower to that prescribed by law, in the period
it may deem applicable, according to the number and nature of
such circumstances.
Applicable to particular crimes:
1. Voluntary release of a person illegally detained within 3
days without the offender attaining his purpose and
before the institution of criminal action. (Article 268,
paragraph 3. Slight illegal detention)
2. Abandonment without justification of the spouse who
committed adultery. (Article 333, paragraph 33. Who
are guilty of adultery)