Criminal Law 1 Notes: Article 13 Mitigating Circumstances

1. 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 reducethe penalty.

2. Basis.

Based on the diminution of either freedom of action, intelligence, or intent, or on the lesserperversity of
the offender.

3. Classes.

1. Ordinary mitigating - enumerated in subsections 1 to 10 of Article 13.

2. Privileged mitigating

a. Art 68. - Penalty to be imposed upon a person under 18 years of age

1. Upon a person under 15 but over 9, that he acted with discernment, a discretionary penalty
but always 2 degrees lower

2. Upon a person over 15 and under 18, penalty next lower than that prescribed by law.

b. Article 69. Penalty to be imposed when the crime committed is not wholly excusable. Penalty lower
by 1 or 2 degree

c. Article 64. Rules for the application of penalties which contain 3 periods

Privileged mitigating circumstances applicable only to particular crimes.

1. Voluntary release of the person illegally detained within 3 days without the offender attaining his
purpose and before the institution of criminal action. Penalty is 1 degree lower. Art. 268, par 3

2. Abandonment without justification of the spouse who committed adultery. Penalty is 1 degree lower.
Art. 333, par. 3

4. Distinctions

Ordinary mitigating circumstances Privileged mitigating

Offset by any aggravating circumstance Cannot be offset by aggravating circumstance

Produces only the effect of applying the Produces the effect of imposing upon the offender the
penalty provided by law for the crime in its penalty lower by 1 or 2 degrees than that provided by law
minimum period, in case of divisible for the crime.
penalty

----------------Mitigating Circumstances----------------------

1. Those mentioned in the preceding chapter, when all the requisites necessary to justify the act or to exempt
from the criminal liability in the respective cases are not attendant.

Is applicable only when unlawful aggression is present but the other 2 requisites are not present in any of the
cases referred to in circumstances Nos. 1, 2, 3 of Art. 11. Is entitled to a privileged mitigating circumstances referred
to in Article 69.
 1. Incomplete self-defense, defense of relatives, and defense of stranger. 1st requisite is present but
the other 2 are not.

2. Incomplete justifying circumstances of avoidance of greater evil or injury. The last 2 requisites are
not present.

3. Incomplete justifying circumstances of performance of duty.

Where only one of the two requisites are present:

a. That the accused acted in performance of a duty or in the lawful exercise of a right; and

b. That the injury caused or offense committed be the necessary consequence of the due
performance of such duty or the lawful exercise of such right or office.

4. Incomplete justifying circumstance of obedience to an order.

·When all the requisites necessary to exempt from criminal liability are not attendant.

1. Incomplete exempting circumstance of minority over 9 and under 15 years of age.

Mitigating circumstance where only one of the two requisites are present:

a. That the offender is over 9 and under 15 y.o; or

b. That he does not act with discernment

2. Incomplete exempting circumstance of accident.

These 4 requisites must be present in order to exempt one from criminal liability:

a. A person is performing a lawful act;

b. With due care;

c. He causes an injury to another by mere accident; and

d. Without fault or intention of causing it.

i) If 1st requisite and 2nd part of 4th requisite are absent, it is intentional felony.

3. Incomplete exempting circumstance of uncontrollable fear.

If only 1 of the 2 requisite are present, it is mitigating circumstances:

a. That the threat which caused the fear was of an evil greater than or at least equal to,
that which he was required to commit;

b. That it promised an evil of such gravity and imminence of an ordinary person would
have succumbed to it.

2. That the offender is under 18 years of age or over 70 years. In the case of the minor, he shall be proceeded
against in accordance with the provisions of Article 80 (Art 192, P.D. No. 603)

Basis. Based on the diminution of intelligence, a condition of voluntariness.

Contemplates the ff:

1. An offender over 9 but under 15 years of age, who acted with discernment.

2. An offender over 15 and under 18 (see also Art. 68)

§ Article 68 provide mitigating circumstance:

1. Upon a person under 15 but over 9 yrs of age, who is not exempt from liability by
reason of the court having declared that he acted with discernment, a discretionary penalty shall be imposed, but always
lower by 2 degrees at least than that prescribed by law for the crime which he committed.
 2. Upon a person over 15 and under 18 the penalty next lower than that prescribed by
law shall be imposed, but always in the proper period.

• Requisites:

1. That the minor must be tried in accordance with the provisions of the Art 192 PD 603

2. That after trial the minor was found guilty and committed to the custody of a reformatory institution
or to the custody of a responsible person; and

3. That the minor became incorrigible while in the reformatory institution or while in the custody of
a responsible person.

3. An offender over 70 years of age.

· In the case of minor, he shall be proceeded against in accordance with the provisions of Article 192 of PD
No. 603.

§ Requisites:

1. The offender was under 18 years of age, but over 9 years, at the time of the commission of the
offense with which he is charged.

2. After hearing the evidence, the court, found that the youthful offender committed the act charged
against him.

· Legal effects of various ages of offender:

1. Under 9 years of age - exempting circumstance (Art. 2, par. 2);

2. Over 9 and under 15, he acted without discernment - exempting circumstances;

3. Minor delinquent under 18 - sentence may be suspended;

4. Under 18 - privileged mitigating circumstance

5. 18 yrs above - full criminal responsibility

6. 70 or over - mitigating circumstance

1. When he committed an offense punishable by death, penalty shall not be imposed

2. When death sentence is already imposed, it shall be suspended and commuted.

3. That the offender had no intention to commit so grave a wrong as that committed.

Rule. This circumstance can be taken into account only when the facts proven show that there is a notable
and evident disproportion between the means employed to execute the criminal act and its consequences.

Basis. Intent-element of voluntariness in intentional felony-is diminished.

Intention, as an internal act, is judged not only by the proportion of the means employed by him to
the evil produced by his act, but also by the fact that the blow was or was not aimed at vital part of the body.

This 3rd subsection is not employed when the offender employed brute force.

It addresses itself to the intention of the offender at the particular moment when he executes or
commits the criminal act; not to his intention during the planning stage.

Not applicable to felonies by negligence. The reason is that in felonies through negligence, the offender acts
without intent. Hence, there is no intent on the part of the offender which may be considered as diminished
 Applicable only to offenses resulting in physical injuries or material harm. Not appreciated in cases of
defamation or slander.

4. That sufficient provocation or threat on the part of the offended party immediately preceded the act.

Provocation. Any unjust or improper conduct or act of the offended party, capable of exciting, inciting, or
irritating any one.

Requisites.

1. That the provocation must be sufficient.

Sufficient. Adequate to excite a person to commit the wrong and must accordingly be proportionate
to its gravity.

2. That it must be originate from the offended party.

3. That the provocation must be immediate to the act, ie., to the commission of the crime by the person who
is provoked.

Note: Threat immediately preceded the act. The threat should not be offensive and positively strong,
because, if it is, the threat to inflict real injury is an unlawful aggression which may give rise to self-defense.

5. That the act was committed in the immediate vindication of a grave offense to the one committing the felony,
his spouse, ascendants, descendants, legitimate, natural or adopted brothers or sisters, or relatives by affinity
within the same degree.

Basis. Diminution of voluntariness

Requisites.

1. That there be a grave offense done to the one committing the felony, his spouse, ascendants,
descendants, legitimate, natural or adopted brothers or sisters, or relatives by affinity within the same degree;

2. That the felony is committed in vindication of such grave offense. A lapse of time is allowed
between the vindication and the doing of the grave offense.

Lapse of time is allowed between the grave offense the vindication.

Provocation Vindication

Made directly only to the person committing the The grave offense may be committed against the
felony offender's relatives

The cause that brought about provocation need The offended party must have done a grave offense to the
not be a grave offense offender or his relatives

It is necessary that the provocation or threat The vindication of the grave offense may be proximate;
immediately preceded the act admits of an interval of time between the grave offense
done by the offended party and the commission of the
crime by the accused

Reason for the difference:

It concerns the honor of a person, an offense which is more worthy ofconsideration than mere spite
against the one giving provocation or threat

Basis to determine the gravity of offense in vindication.

 1. Social standing of the person

2. Place

3. Time the insult was made

Grave offense must be directed to the accused.

Vindication of a grave offense incompatible with passion or obfuscation. They cannot be counted separately
or independently.

6. That of having acted upon an impulse so powerful as naturally to have produced passion or obfuscation.

Basis. Loss of reason and self-control because of excitement, thereby diminishing the exercise of his
willpower

Rule. Passion or obfuscation may constitute a mitigating circumstance only when the same arose from lawful
sentiments.

+Must originate from legitimate feelings, and not from vicious, unworthy and immoral passions.

+Passion or obfuscation may lawfully arise from causes existing only in the honest belief of the offender.

For this reason, even if there is actually passion or obfuscation on the part of the offender, there is
no mitigating circumstances when:

1. That the act is committed in a spirit of lawlessness; or

2. The act is committed in the spirit of revenge.

Requisites:

1. That there be an act, both unlawful and sufficient to produce such condition of mind; and

2. The crime committed by the accused must be provoked by prior unjust or improper acts of the injured
party.

3. That said act which produced the obfuscation was not far removed from the commission of the crime
by a considerable length of time, during the perpetrator might recover his normal equanimity.

Notes:

It is necessary that the act which gives rise to the obfuscation be not removed from the commission of the offense by
a considerable length of time, during which period the perpetrator might recover his equanimity.

The crime committed must be the result of a sudden impulse of natural and uncontrollable fury.

Passion or obfuscation Treachery

Mitigating circumstance Aggravating circumstance

The offender loses his self-control and reason and cannot The mode of attack must be consciously adopted
deliberately employ a particular means, method or form of
attack in the execution of the crime

Passion or obfuscation Irresistible force

 Mitigating circumstance Exempting circumstance

Cannot give rise to an irresistible force Requires physical force

Is in the offender himself Must come from a 3rd person

Must arise from lawful sentiments unlawful

Passion or obfuscation Provocation

Produced by an impulse which may be caused by Comes from the injured party
provocation

The offense which engenders perturbation of the mind Must immediately precede the commission of the
need not be immediate crime

The effect is loss of reason and self-control on the part of The effect is loss of reason and self-control on the
the offender part of the offender

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.

Two mitigating circumstances are provided in this paragraph.

1.) Voluntary surrender to a person in authority or his agents.

2.) Voluntary confession of guilt before the court prior to the presentation of the evidence for the
persecution.

1.) Voluntary surrender to a person in authority or his agents.

Requisites.

1. That the offender had not actually been arrested.

2. That the offender surrendered himself to a person in authority or to the latter's agent.

Person in authority - member of some court or governmental corporation, board or commission.

Agents of a person in authority - has direct provision of the law, or by election or by appointment by
competent, is charged with the maintenance of public order and protection and security of life and property and any
person who comes in aid with the authority.

That the surrender was voluntary.

Requisites of voluntariness.

Voluntary surrender must be spontaneous in manner that it shows the interest of the
accused to surrender unconditionally to the authorities, either:

1. He acknowledges his guilt; or

2. He wishes to save them the trouble and expenses necessarily incurred in his search and
capture.
 Requisites of plea of guilty.

1. That the offender spontaneously confessed his guilt;

2. That the confession of guilt was made in open court, that is, before the competent court that is
to try the case; and

3. That the confession of guilt was made prior to the presentation of the evidence for the
prosecution.

Plea of guilty is not mitigating in culpable felonies and in crimes punishable by penal laws.

Art 365, par. 5: Penalties for culpable felonies. In the imposition of these penalties, the courts shall
exercise their sound discretion, without regard to the rules prescribed in Art. 64.

When the crime is punished by a special law, the court shall exercise its sound jurisdiction, as Art
64 is not applicable. Penalty prescribed by special laws is usually not divisible into three periods.

8. That the offender is deaf, dumb, blind, or otherwise suffering some physical defect which thus restricts his
means of action, defense, or communication with his fellow beings.

Physical defect. Being armless, cripple, or a stutterer, whereby his means to act, defend himself or
communicate with his fellow beings are limited.

The Code considers educated and uneducated deaf-mute or blind persons as being on equal footing.

9. Such illness of the offender would thus diminish the exercise of the willpower of the offender without
however depriving him of the unconsciousness of his acts.

Basis. Diminution of intelligence and intent.

Requisites.

1. That the illness of the offender must diminish the exercise of his willpower.

2. That such illness should not deprive the offender of consciousness of his acts.

When the offender completely lost the exercise of willpower, it may be an exempting circumstance.

Illness of the mind, which refers to the diseases of pathological state that trouble the conscience and the will, and not
amounting to insanity, may give place to mitigation.

10. And, finally, any other circumstances of a similar nature or analogous to those above-mentioned.

Must be of similar nature and analogous to those mentioned in paragraphs 1 to 9 in the Article 13.

60 years old with failing sight over 70 years of age (par. 2)

Outraged feeling of owner of animal taken for ransom vindication of a grave offense

Outraged feeling of creditor passion and obfuscation (par. 6)

Impulse to jealous feeling passion and obfuscation

Esprit de corps (mass psychology) passion and obfuscation

Voluntary restitution of stolen property voluntary surrender (par 7)

Extreme poverty and necessity(Art 11 par. 4) Incomplete justification (par 1 of Art 13)

Testifying for the prosecution Plea to guilty

 CIRCUMSTANCES WHICH AGGRAVATE CRIMINAL LIABILITY

Aggravating Circumstances: are those which, if attendant in the commission of the crime, serve to increase the
penalty without, however, exceeding the maximum of the penalty provided by law for the offense.

Basis: greater perversity of the offender as shown by

1. Motivating power itself

2. Place of the commission

3. Means and ways employed

4. Time

5. Personal circumstances of the offended, or of the offended party

4 kinds of A.C.

1. Generic - generally apply to all crimes.

Example - dwelling, nighttime, recidivism

Nos. 1,2,3,4,5,6,9,10,14,18,19 and 20 (except means of motor vehicles)

2. Specific - particular crimes

Example - ignominy in crimes against chastity; cruelty; treachery in crimes against persons

3. Qualifying - change the nature of the crime

Example - Alevosia, evident premeditation qualifies the killing of a person to murder.

Art 248 enumerates the qualifying A.C. which qualify the killing of person to murder.

4. Inherent - must of necessity accompany the commission of the crime (Art. 62, par. 2)

Example - evident premeditation is inherent in robbery, theft, estafa, adultery, concubinage

Qualifying A.C. Generic A.C.

Not only to give the crime its proper and exclusive Not offset by any mitigating circumstance, is to
name but also to place the author thereof in such increase the penalty which should be imposed
situation as to deserve no other penalty than that upon the accused to the maximum period, but
specially prescribed by law for said crime without exceeding the limit prescribed by law

Cannot be offset by a M.C. May be compensated by a M.C.

Must be alleged in the information Alleged in the information,

An integral part of the offense but may be proven during the trial over the
objection of the defense and may be appreciated
in imposing the sentence.

A.C. which do not have the effect of increasing the penalty.

1. A.C.
 a.Which in themselves constitutes a crime especially punishable by law

Examples:

Art 14, par 12 - by means of xxx fir e, xxx explosion - arson (Art 321) or
crime involving destruction (Art 324).

It is not be considered to increase the penalty for the crime of arson or for
the crime involving destruction.

b. Which are included by the law in defining the crime and prescribing the penalty therefor shall
not be taken into account for the purpose of increasing the penalty (Art. 62, par 1)

Examples:

Art 14, par 3 - committed in the dwelling of the offended party

Art 14, par 18 - crime be committed after an unlawful entry

Art 14, par 19 - means to the commission the wall, roof, floor door or window
be broken

They are included by Art 299 in defining robbery in an inhabited

house.

2. The same rule apply with respect to any A.C. inherent in the crime to such a degree that it must be of
necessity accompany the commission thereof (Art 62, par 2)

Examples:

Evident premeditation is inherent in theft, robbery, estafa, adultery,

concubinage

Taking advantage of public position is inherent in crimes where the

offenders, who are public officers, committed the crime in the exercise of
their functions, such as bribery, malversation, etc.

3. A.C. which depend for their application upon the knowledge of the offenders.

1. In the material execution of the act

2. In the means employed to accomplish it, shall serve to aggravate the liability of
those persons only who had knowledge of them at the time of the execution of the
act or their cooperation therein.

Article 14. Aggravating circumstances. - The following are aggravating circumstance:

1. That advantage be taken by the offender of his public position.

Requisites

1. When the offender is a public officer.

2. The public officer must use the influence, prestige or ascendancy which his office gives
him as the means by which he realizes his purpose.

Note:

There must be proof that the accused took advantage of his public position.

Failure in official duties is tantamount to abusing of office.

2. That the crime be committed in contempt of or with insult to the public authorities.

Requisites.

1. That the public authority is engaged in the exercise of his functions.

2. That he who is thus engaged in the exercise of said functions is not the person against
whom the crime is committed. (crime not against the public authority; if it is, the offender
commits direct assault)

3. That the offender knows him to be a public authority. (essential)

4. His presence has not prevented the offender from committing the criminal act.

"Public authority." A person in authority, is a public officer who is directly vested with jurisdiction;
that is, a public officer who has the power the govern and execute the laws.

· Councilor, mayor, governor, brgy captain, brgy chairman, municipal mayor

· Municipal health officer, municipal nurse, BIR agent

· Chief of police - vested with jurisdiction or authority to maintain peace and order.

· Teacher (CA No 578, amending Art 152 of the RPC)

3. That the act be committed (1) with insult or in disregard of the respect due the offended party on
account of his (a) rank, (b) age, or © sex, or (2) that it be committed in the dwelling of the offended
party, if the latter has not given provocation.

Rules:

· Circumstances considered as 1 A.C.

· Crimes against persons or honor.

· Offender deliberately intended to offend or insult to the R,A,S of the offended party.

"With insult or in disregard". It is necessary to prove the specific fact or circumstance, other than
that the victim is a woman or an old man or one of high rank, showing insult or disregard of sex or
age or rank in order that it may be considered as aggravating circumstance.

With insult or in disregard of the respect due to the offended party on account -

1. Rank - there must be a difference in the social condition of the offender and the offended
party.

Rank. High social position or standing as a grade in the armed forces; or to a graded
official standing or social position or station; in any scale of comparison, status, grade,
including its grade, status, scale of comparison within a position.

2. Age - old age or tender age.

3. Sex - female sex only

That the crime be committed in the dwelling of the offended party.

Dwelling. Building or structure, exclusively used for rest and comfort.

Inclusion. Dependencies, the foot of the staircase, and enclosure under the house.

Offended party must not give provocation. A condition sine qua non.

Provocation must be:

 1. Given by the owner of the dwelling;

2. Sufficient, and

3. Immediate to the commission of the crime.

If all these conditions are present, the offended party is deemed to

have given provocation, and that the crime committed in the
dwelling of the offended party is not an aggravating circumstance.

Not A.C.

1. When the offender acted with passion and obfuscation.

2. Where there exists a relationship between the offender and the offended party.

3. When the condition of being a woman is indispensable in the commission of the crime:
Parricide Rape Abduction Seduction

4. Adultery when paramour also lives there (abuse of confidence)- but if the paramour
doesn't live there, it is A.C.

5. Victim not dweller of the house

6. Owner of dwelling gave sufficient and immediate provocation

7. Robbery is committed by the use of force upon things (inherent)

8. Crime of trespass to dwelling (inherent)

4. That the act be committed with (1) abuse of confidence or (2) obvious ungratefulness.

· Must be IMMEDIATE and PERSONAL

· Not A.C. - betrayal of confidence; - would be offended party had already lost
confidence in the offender.

Requisites:

Abuse of confidence Obvious ungratefulness

1. That the offended party had trusted the 1. That the offended party had trusted the
offender. offender.

2. Offender abused such trust by 2. Offender abused such trust by committing

committing a crime against the offended a crime against the offended party.
party.

3. Abuse of confidence facilitated the 3. That the act be committed with obvious
commission of the crime. ungratefulness

5. That the crime be committed in the palace of the Chief Executive, or in his presence, or where public
authorities are engaged in the discharge of their duties or in a place dedicated to religious worship.

(1)… Palace of the Chief Executive… - regardless whether State or Official functions are
being held
 (2) …presence of the Chief Executive… - A.C. is present even if he is not engaged in the
discharge of his duties.

(3)…where public authorities are engaged in the performance of their duties…

Requisites:

1. Public authorities are in the performance of their duties (essential)

2. Public authorities must be in their office.

3. Public authority should be the offended party.

(4)…place dedicated to religious worship - regardless whether religious functions are being
held.

6. That the crime be committed (1) in the nighttime or (2) in an uninhabited place, or (3) by a band,
whenever such circumstances may facilitate the commission of the offense.

Whenever there are more than three armed malefactors shall have acted together in the commission
of an offense, it shall be deemed to have been committed by a band.

*When aggravating -

1. When it facilitated the commission of the crime; or

2. When especially sought for the offender to insure the commission of the crime or
for the purpose of impunity; or

3. When the offender took advantage thereof for the purpose of impunity.

Phrases:

"Whenever such circumstances may facilitate the commission of the offense" - greater
certainty in attaining the ends.

"Especially sought for"; "For the purpose of impunity"; "took advantage thereof" - to
prevent offender from being recognized, or to secure himself against detection or punishment.

(1) Nighttime - from sunset to sunrise

Requisites:

1. The commission of the crime must begin and be accomplished in the nighttime.

2. The offense must be actually committed in the darkness of the night.

3. When the place of the crime is illuminated by light, nighttime is aggravating.

(2) Uninhabited place - where there are no houses at all, a place at a considerable distance form town,
where houses are scattered at a great distance from each other.

(a) SOLITUDE - must be sought to better attain the criminal purpose. Offenders choose the
place as an aid either to:

1. Easy and uninterruptedaccomplishment of their criminal designs; or

2. To insure concealmentof the offense

(3)By a band - there are more than three armed malefactors shall have acted together in the commission of
an offense.

Not a Band A.C.

 If 1 of 4 armed persons is a principal by inducement Robbery with homicide

Crime against chastity Crime of illegal detention or treason

Brigandage (inherent) Crime against property or against persons

7. That the crime be committed on the occasion of a conflagration, shipwreck, earthquake, epidemic, or
other calamity or misfortune.

Requisites:

1. Crime was committed when there was a calamity or misfortune.

2. Offender took advantage of the state of confusion or chaotic condition from such
misfortune

8. That the crime be committed with the aid of (1) armed men or (2)persons who insure or afford
impunity.

Requisites:

1. That armed men or persons took part in the commission of the crime, directly or
indirectly.

2. That the accused availed himself of their aid or relied upon them when the crime
was committed - (armed men are only accomplices)

Not A.C.

1. When their casual presence near the place where the crime was committed, appears that the
accused did not avail himself of their aid.

2. Attacking party and the party attacked were equally armed.

3. Accused and cooperator acted under the same plan or purpose.

9. That the accused is a recidivist.

A recidivist is one who, at the time of his trial for one crime, shall have been convicted by final
judgment of another crime embraced in the same title of this Code.

Requisites:

1. That the offender is on trial for an offense;

2. He was previously convicted by final judgment of another crime;

3. Both the 1st and 2nd offenses are embraced in the same title of this Code;

4. That the offender is convicted of new offense.

A need to allege Recidivism in information -

· Certified copy of sentence rendered against accused

· If the accused does not object the presentation of evidence

· Accused admitted in his confession and on the witness stand

Amnesty, Article 89 - extinguishes the penalty and all its effects.

 Pardon - does not prevent a former conviction from being considered as an A.C.

10. That the offender has been previously punished for an offense to which the law attaches an
equal or greater penalty or for two or more crimes to which it attaches a lighter penalty.

Requisites:

· Accused is on trial for an offense;

· That he previously served sentence for another offense to which the law
attaches an equal or greater penalty, or for two or more crimes to which it
attaches lighter penalty.

Phrases:

"has been previously punished" - accused previously served sentence(s) for another offense(s)
before his trial for new offense

"Equal penalty" - ex. Reclusion temporal for forcible abduction(Art 342)==> Reclusion temporal for
homicide (Art 249)

"Greater penalty" - ex. 12 yr & 1 day to 20 yrs for homicide ==> 6 yrs and 1 day to 12 yrs for
falsification

"Lighter penalty" - ex. 30 days imprisonment for theft ==> 2 mos. For estafa ==> reclusion temporal
for homicide

Recidivism Reiteracion or Habituality

No time limit between the first conviction
and the subsequent conviction
Time limit of not more than 10 years between
every conviction computed from the 1st
conviction or release from punishment thereof
to conviction computed from the 2nd conviction
or release therefrom to the 3rd conviction and
so on…

2 convictions are enough At least 3 convictions are required.

It is a generic A.C. which can be offset by A special A.C., hence it cannot be offset by any
an ordinary M.C. M.C.

If not offset, it would only increase the Aside from the penalty prescribed by law for
penalty prescribe by law for the crime the crime committed; an additional penalty
committed to its maximum period. shall be imposed depending upon whether it is
already the 3rd conviction, the 4th, 5th, so on...

Circumstances need not be alleged in the Circumstances must be alleged in the

information information; otherwise the court cannot acquire
jurisdiction to impose additional penalty.

It is enough that a FINAL JUDGMENT has Necessary that offender shall have SERVED
been rendered in the 1st offense OUT his sentence for 1st offense

Offenses included in the same title of the Previous and subsequent offense must not be
Code embraced in the same title
 Is always taken into consideration in fixing Not always aggravating - i.e., penalty for
the penalty to be imposed upon the accuse murder is death and offenses which the
offender previously convicted are crime against
property.

Forms of Repetition:

1. Recidivism (generic A.C.) under Art. 14 (9)

2. Reiteracion (generic A.C.) under Art. 14 (10)

3. Multi-recidivism or habitual delinquency (extraordinary A.C.) under Art. 62 (5)

- offender within the 10 yr period from the date of his release or last conviction of
the crimes of serious or less serious physical injuries, robo, hurto, estafa or
falsification, is found guilty of the any of said crimes a third time or oftener.

4. Quasi-recidivism (special A.C.) under Art. 160 - person who shall commit a
felony after having been convicted by final judgment before beginning to serve
such sentence or while serving such sentence shall be punished by the
maximum period prescribed by law for the new felony.

11. That the crime be committed in consideration of a price, reward or promise.

Requisites:

1. There must be 2 or more principals

a. Principal by inducement (one who offers)

b. Principal by direct participation (one who accepts)

2. That price, reward, promise should be for the purpose of inducing author to
perform deed.

Note:

1. Applicable to both principals.

2. If without previous promise it was given voluntarily after the crime has been committed as an
expression of his appreciation for the sympathy and aid shown by the other accused, it
doesn't qualify as A.C.

3. Price, reward or promise need not consist or refer to material things, it being sufficient that the
offer made by the principal by direct participation before the commission of the offense.

4. Inducement must be the primary consideration for the commission of the crime.

12. That the crime be committed by means of inundation, fire, poison, explosion, stranding of a v
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.

Relationship. ALT C of relationship shall be taken into consideration when the offended party is the -

a. Spouse

b. Ascendant

c. Descendant

d. Legitimate, natural, adopted brother or sister, or

e. Relative by affinity in the same degree of the offender

f. Step parents and step child/ren - ascendant and descendant

g. Adopter and adopted - ascendant and descendant

Mitigating Aggravating Exempting Not

MC or
AC

1. In crimes against 1. Crimes against Article 332 Parricid

property (Art 332) persons e
a. Theft
Where:
 a. Robbery (Arts a. offended b. Swindling Adulter
294 - 302) party is y
a c. Estafa
b. Usurpation relative Concu
(Art 312) Not criminal liability therefore binage
of
not MC or AC if the offender
ahigher
c. Fraudulent is related to the offended p becau
degree
insolvency arty as spouse, ascendant, se it is
than
(Art 314) or descendant or if the insepar
the
offender is a brother or sis able
d. Arson (Arts offende
ter or brother in law or sist and
321,322, r,
er in inheren
325,326) law of the offended party a t in the
b. or where
offende nd they are living together. offense
r and (Absolutory cause)
offende
d party
are
relative
s of the
same
line

c. Not
aggrav
ating:
when
the
offende
r killed
his
brother
in law

(e) Only civil liability Death of victim who Article 247

committed by
Spouses, ascendants,
descendants,
or relatives by affinity in
same line;
brothers-, sisters- in-law
is relative of a
lower degree when Less serious physical injuries
the crime
Serious physical injuries
ishomicide (Art
249) or murder (Art Where a spouse committed after
248) having surprise the offended spouse
or paramour or mistress committing
actual sexual intercourse

i. Theft

ii. Swindling

iii. Malicious
mischief

Trespass to dwelling 1. Crime against

persons when
it is serious
physical
injuries

(the offended
party is
descendant,
whether
 illegitimate or
legitimate)

2. Less serious
physical
injuriesif
offended party
is relative of
higher degree
of the offender

3. Slight physica
linjuries -
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 Crime againstcha

attending; stity

Ex. Where Acts oflasci

accused killed his viousness(
brother in law in Art 336)
view of conduct
pursued by the Rape
latter in
contractingadulte Regar
rousrelations wit dless
of
h the wife of the
wheth
accused; or
er the
Accused, a offend
brother in law, er is a
struck the relativ
deceased, the e of a
reason is higher
torender service or
to relative lower
degre
e of
the
offend
ed
party

Qualifying AC.

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

Intoxication.

Must be proved

"when the offender has committed a felony in a state of intoxication" - the offender's mental faculties
must be affected by drunkenness. Amount of liquor must be of such quantity as to blur the offender's reason
and deprive him of self control.

Mitigating Aggravating

1. If intoxication is not habitual - Must be 1. If intoxication is habitual - one given to

proved by satisfactory evidence, in the intoxication by excessive use of intoxicating
absence of proof to the contrary, it is drinks.
presumed to be unintentional

2. If intoxication is unintentional - not 2. If it is intentional (subsequent to the plan of

subsequent to the plan to commit a felony committing a felony)

If the intoxication is accidental, where the Exception - whenintoxication is non habitual but
accused was drunk at the time of the subsequent to the plan to commit the crime.
commission of the crime is considered as MC

Degree of instruction and education of the offender.

Mitigating Aggravating

Low degree, absence of, or lack of instruction High degree of instruction and education
and education

Lack of sufficient intelligence Highly intelligent and exceptional and mentally alert

Must be proved positively and directly and When the offender is a city resident who knows how
cannot be based on mere deduction or to sign his name
inference.
 Trial court not the appellate court to FIND and
CONSIDER the circumstance of lack of
instruction. When the trial court did not make
any finding, an appeal that alternative
circumstance cannot be considered in fixing the
penalty to be imposed on the accused

Apply in almost all crimes Crimes against property.

Ex. Robbery with homicide; anti- example. Estafa, theft, robbery, arson
subversion law; murder; homicide

Not mitigating:

Crimes against chastity. Eg. Rape and

adultery

Treason, Murder

A professional who use his degree of instruction to

take advantage of it in committing the crime. Estafa,
falsification, slander, etc. Exception - lawyer liable
for physical injuries,rape

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.