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Name : Criminal Law Review

Section : September 17, 2018

MITIGATING CIRCUMSTANCES
Ordinary Mitigating Privilege Mitigating
those that are enumerated in subsections 1-10 of Art. 13 of the Art. 68 (R.A. 9344-Juvenile Justice And Welfare Act), Art. 69, Art.
RPC 64
can be offset by aggravating circumstances cannot be offset by aggravating circumstance
if not offset by an aggravating circumstances, produces only the produces the effect of imposing upon the offender the penalty
effect of applying the penalty provided by law for the crime in its lower by one or two degrees provided by the law for the crime.
minimum period.

Title Basis/Class Elements/Description Requisites Application


1
INCOMPLETE JUSTIFYING privileged mitigating
OR EXEMPTING circumstance, provided, 1.Incomplete self-defense, defense 1st requisite is present but the other 2 are not.
CIRUMSTANCES majority of the elements of relatives, and defense of
required to justify or stranger.
exempt are present 2. Incomplete justifying The last 2 requisites are not present.
circumstances of avoidance of
greater evil or injury.
3. Incomplete justifying Where only one of the two requisites are present:
circumstances of performance of a. That the accused acted in performance of a duty or in the lawful
duty. 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
Applies, when all the requisites

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4. Incomplete justifying When all the requisites necessary to exempt from criminal liability are necessary to justify the act or to
circumstance of obedience to an not attendant. exempt from criminal liability are
order. NOT attendant.

Mitigating circumstance where only When all the requisites necessary to exempt from criminal liability are
one of the two requisites are not attendant.
present:
When all the requisites necessary
to exempt from criminal liability are
not attendant.

1. Incomplete exempting Mitigating circumstance where only one of the two requisites are
circumstance of minority over 9 present:
and under 15 years of age a. That the offender is over 9 and under 15 y.o; or
b. That he does not act with discernment
2. Incomplete exempting These 4 requisites must be present in order to exempt one from criminal
circumstance of accident. 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.
* If 1st requisite and 2nd part of 4th requisite are absent, it is intentional
felony.
If only 1 of the 2 requisite are present, it is mitigating circumstances:
3. Incomplete exempting a. That the threat which caused the fear was of an evil greater than or at
circumstance of uncontrollable least equal to, that which he was required to commit;
fear. b. That it promised an evil of such gravity and imminence of an ordinary
person would have succumbed to it.
2 BASIS: Diminution of It is the age of the accused at the
UNDER 18 OR OVER 70 intelligence time of the commission of the Above 15 but under 18
YEARS OLD crime which should be determined. – exempting unless acted with
Class: Privileged His age at the time of trial is discernment – But even with
mitigating circumstance immaterial. discernment, penalty is reduced by
one (1) degree lower than that
imposed. (Art 68, par 2, amended
by RA 9344)

Minor delinquent under 18 years


of age – sentence suspended (Art
192, PD 603 as amended by PD
1179, referred to as Children in
Conflict with the Law under RA
9344).
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70 years or over – mitigating, no
imposition of death penalty if
already imposed execution of
death penalty is suspended and
committed
3 Rule for the application:
NO INTENTION TO BASIS: Lack or diminution > Offender did not intend to Intention may be ascertained by considering: Can be taken into account only
COMMIT SO GRAVE A of intent commit so grave a wrong (a) The weapon used when the facts proven show that
WRONG (Praeter > Disproportion of the means (b) The part of the body injured there is a notable and evident
Intentionem) Class: Ordinary employed to execute the crime and (c) The injury inflicted disproportion between the means
the consequences produced (d) The manner it is inflicted employed to execute the criminal
act and its consequences.

> Not applicable to felonies by


negligence.
> Not applicable to felonies where
intention is immaterial.
> Not appreciated in murder
qualified by treachery (Reyes).
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PROVOCATION OR BASIS: Diminution of PROVOCATION is understood as Requisites. Note: Threat immediately
THREAT intelligence and intent any unjust or improper conduct or 1. That the provocation must be sufficient. preceded the act. The threat
act of the offended party, capable Sufficient. Adequate to excite a person to commit the wrong and must should not be offensive and
Class: Ordinary of exciting, inciting, or irritating any accordingly be proportionate to its gravity. positively strong, because, if it is,
one. 2. That it must be originate from the offended party. the threat to inflict real injury is an
3. That the provocation must be immediate to the act, ie., to the unlawful aggression which may
commission of the crime by the person who is provoked. give rise to self-defense.

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IMMEDIATE Ordinary To determine whether the personal REQUISITES: “Immediate” allows a lapse of time
VINDICATION OF offense is grave, the following must (1) That there must be a grave offense done to the one committing the unlike in sufficient provocation, as
RELATIVES OR HIMSELF be considered: felony; his spouse; ascendants; descendants; legitimate, natural or long as the offender is still
or VINDICATION OF (1) Social standing of the person adopted brothers suffering from the mental agony
GRAVE OFFENSE (2) Time when the insult was made or sisters or relatives by affinity within the same degrees. brought by the offense to him.
(3) Place where the insult was (2) That the felony is committed in immediate vindication of such grave
made offense.
(4) Sometimes, even the age is >
considered
6
PASSION OR BASIS: Loss of reasoning > The infliction of injury must be REQUISITES: Passion or Obfuscation is NOT
OBFUSCATION and self-control, thereby immediate from the act that caused (1) That here be an act, both unlawful and sufficient to produce such a mitigating when committed:
diminishing the exercise passion or obfuscation. condition of mind (1) In the spirit of lawlessness

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of his willpower. (2) That said act which produced the obfuscation was not far removed (2) In the spirit of revenge
ELEMENTS: from the commission of the crime by a considerable length of time,
Class: Ordinary (1) The accused acted upon an during which the perpetrator might recover his normal equanimity. Passion or obfuscation cannot CO-
impulse. (3) The act causing such obfuscation was committed by the victim EXIST with:
(2) The impulse must be so himself. (1) Vindication of grave offense
powerful that it naturally produced > The passion or obfuscation should arise from lawful sentiments in order (2) Treachery
passion or obfuscation. to be mitigating.
> May lawfully arise from causes existing only in the honest belief of the
offender.
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SURRENDER BASIS: Lesser perversity REQUISITES OF VOLUNTARY SURRENDER:
of the offender (1) That the offender had not been actually arrested
(2) That the offender surrendered himself to a person in authority or to
Class:Ordinary the latter’s agents
> Person in authority is one directly vested with jurisdiction which is the
power to govern and execute the laws, whether as an individual or as a
member of some court or governmental corporation, board or TWO MITIGATING
commission. CIRCUMSTANCES:
> Agent of a person in authority is one who by direct provision of the law (1) Voluntary surrender to a person
or by election, or by appointment by competent authority is charged with in authority or his agents.
the maintenance of public order, and the protection and security of life (2) Voluntary confession of guilt
and property, and any person who comes to the aid of persons in before the court prior to the
authority (Art 152 as amended by RA 1978). presentation of evidence for the
(3) That the surrender was voluntary. prosecution.
A surrender to be voluntary must be spontaneous, showing the intent of > If both are present in the same
the accused to submit himself unconditionally to the authorities, either case they have the effect of two
because: independent circumstances
(1) He acknowledges his guilt. (People vs. Fontalba, 61 Phil 589)
(2) He wishes to save them the trouble and expense necessarily incurred and in the absence of aggravating
in the search and capture. circumstances, they will reduce
8 divisible penalties by one degree
CONFESSION OF GUILT BASIS: Lesser perversity REQUISITES FOR VOLUNTARY PLEA OF GUILTY: (Art 64[5]).
of the offender (1) That the offender spontaneously confessed his guilt.
(2) That the confession of guilt was made in open court, that is, before
Class:Ordinary the competent court that is to try the case.
(3) That the confession of guilt was made prior to the presentation of
evidence for the prosecution.
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PHYSICAL DEFECT OF THE BASIS: Offender does not The physical defect must relate to the offense committed. E.g. blindness When the offender is deaf and
OFFENDER have complete freedom does not mitigate estafa dumb, blind or otherwise suffering
of action; diminution of from some physical defect,
freedom and restricting his means of action,
voluntariness defense or communication with

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other
Class:Ordinary
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ILLNESS OF THE BASIS: Diminution of REQUISITES:
OFFENDER intelligence and intent (1) That the illness of the offender must diminish the exercise of his
willpower.
Class:Ordinary (2) That such illness should not deprive the offender of consciousness of
his acts.
> Includes illness of the mind not amounting to insanity.
11 -60 years old with failing sight
SIMILAR ANALOGOUS Must be of similar nature and analogous to those mentioned in -Outraged feeling of owner of
CIRCUMSTANCES paragraphs 1 to 9 in the Article 13. animal taken for ransom
-Outraged feeling of creditor
-Impulse to jealous feeling
-Esprit de corps (mass psychology)
-Voluntary restitution of stolen
property
-Extreme poverty and necessity(Art
11 par. 4)
-Testifying for the prosecution
-over 70 years of age (par. 2)
- vindication of a grave offense
-passion and obfuscation (par. 6)
-voluntary surrender (par 7)
-Incomplete justification (par 1 of
Art 13)
-Plea to guilty

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AGGRAVATING CIRCUMSTANCES

I. Generic Aggravating Circumstances II. Qualifying Circumstances III. Special Or Specific Aggravating IV. Inherent Aggravating Circumstance
Circumstances

1. Have the effect of the penalty being 1. Cannot be offset by any mitigating Applies to a particular felony. Requires that every complaint or
imposed in the maximum period. circumstance. They do not change the character of the information must expressly and
(NOTE: that the penalty prescribed in 2. Change of nature of the crime and the offense charged but guide the court in specifically allege not only the qualifying
Book II maximum imposable, thus the designation of the offense. imposing the proper penalty. (PP vs but also the generic aggravating
increase in the penalty cannot be to the 3. Must be alleged in the information Agguihao) circumstance.
next higher degree but only on the otherwise cannot be considered as this The same rule as in generic aggravating RATIONALE: To inform the existence of
maximum period.) will violate the right of the accused to be since both do not change the character qualifying circumstance is for accused to
2. Apply to all felonies generally informed of the nature of the accusation of the offense charged. prepare properly for his defense to meet
3. Cannot be offset by an ordinary against him. (this is because qualifying head0on the qualifying circumstance and
mitigating circumstance circumstances changes the crime because such circumstance changes the
committed besides the fact that it nature of the charge against him (PP vs
requires specification in the Abuyen)
information.)
4. Must be proved as conclusively as the
guilt of the offense because they are
elements of the offense.

Title No. of Nature Basis Requisites Exceptions


Aggravating
Circustances
1 Greater perversity as 1.The person committing the crime is a public officer -If the public officer is committing the crime in his
Advantage 1 Generic shown by: 2.That said public officer used the influence, prestige and ascendancy of his private capacity (i.e. not u
Taken of -Personal office in the commission of the crime
Public Position Circumstance Note: RA 7659 penalty prescribed by law is always at the maximum sing the influence of his office)
of the Offender regardless of the mitigating circumstance
-Means used to
secure the
commission of
the crime

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2 Greater perversity 1. Public authority is engaged in the exercise of his -When the officer is directly assaulted
Contempt or 1 Generic as functions -Lack of knowledge on the part of the offender of
Insult to shown by: 2. That said person is not the person against whom the public officer’s presence
Public - Lack of respect the crime is committed
Authorities for public authorities 3. The offender knows him to be a public authority
4. His presence has not prevented the offender from
committing the criminal act
3
Disregard of 4 Generic 1.Specific fact or circumstance of -Deliberate intent to insult or disregard is not
Rank, Age, Or Note: Greater perversity deliberate intention to disregard or insult age, sex or rank apparent
Sex and May be as shown by: 2.Proof of fact of disregard and deliberate intent -Sex: When the offender acted with passion and
Dwelling of considered -Personal 3.Rank:difference in the social condition of the obfuscation
the Offended single or circumstance offender and the offended party -Sex: When there exists a relationship between
Party together but of the offended 4.Age:Tender age or old age of the offended party the offender and the offended party
will result in party 5.Sex:Applies to the female sex only -Sex: When the condition of being a woman is
only ONE indispensible in the commission of the crime (i.e.
aggravating parricide, rape, abduction & seduction
circumstances
-Place of the 1. That there is no sufficient provocation given by -When both the offender and the offended party
commission of the the owner of the dwelling inside the dwelling are occupants of the house
crime 2. Includes: dependencies, foot of the staircase and -Where the robbery is committed by force upon
enclosure under the house things, for said violation to dwelling is inherent.
3.The offended party was attacked inside his own -Crimes where trespass to dwelling is inherent
house -The owner of the dwelling gave sufficient and
immediate provocation
-Dwelling did not belong to the offended party
-Adultery, except if the paramour lives in the
same dwelling

4
Abuse of 2 Generic Greater perversity as 1.The offended party trusted the offender (immediate and personal) -Betrayal of confidence
Confidence shown by means and 2.The offender abused such trust by committing a crime against the -Crimes where abuse of confidence is inherent
And Obvious ways employed. offended party (i.e. malversation, qualified theft, estafa by
Ungratefulness 3.The abuse of confidence facilitated the commission of the crime conversion or misappropriation, qualified
seduction)

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5 1.The public authority is engaged in the performance of his duty -In the case of the Malacañang palace, the crime
Palace and 1 Generic Greater perversity as 2.The public authority is in his office; or the place is dedicated to the is aggravating even if the
Other Places shown by the place of worship of God Chief Executive is not present.
of Commission the commission of the 3.The public authority may be the offended party
of Offense crime 4.Offender must have the intention to commit a crime when he entered the
place

6
Night-time, 3 Qualifying Time and place 1.When it facilitated the commission of the crime -When the time and place was incidental
Uninhabited of the 2.When especially sought for by the offender to insure the commission of -Crimes against chastity
Place, Or Band Note: commission of the the crime or for the purpose of impunity -Night-time: When the crime was either started
May be crime and 3.When the offender took advantage thereof for the purpose of impunity or finished beyond night time.
considered means and 4.Band: Whenever more than three armed malefactors shall have acted -Night-time: When the place of the crime is
separately and ways together in the commission of an offense (regardless of the comparative illuminated by light
can subsist employed strength) -Uninhabited place: When the victim has a
independently reasonable possibility of receiving some help
-Band: When the armed malefactors are 3 and
below in number
-Band: When the malefactors did not act together
7 Time of the
On Occasion 1 Qualifying commission of the 1.The offender must take advantage of the calamity or misfortune -When the instance of a calamity is just incidental
of Calamity or crime 2.The crime was committed during a conflagration, shipwreck, earthquake, in the commission of a crime (i.e. a person killed
Misfortune Note: Debased form epidemic or other calamity or misfortune (i.e. typhoon or other chaotic his mortal enemy in the midst of a flood)
of criminality of the condition)
offender
8 1.That armed men or persons took part in the commission of the crime, -When both the attacking party and the party
Aid of Armed 1 Qualifying Means and ways of directly or indirectly attacked were equally armed
Men, Etc. committing the crime 2.That the accused availed himself of their aid or relied upon them when -When the accused and those who cooperated
the crime was committed with him in the commission of the crime acted
under the same plan and for the same purpose
-Casual presence of armed men in the place
where the crime was committed
9 1.The offender is on trial for an offense
Recidivist 1 Generic Greater perversity as 2.He was previously convicted by final judgement of another crime -If the subsequent conviction is for an offense
shown by his 3.Both the first and second offense are embraced in the same title of the committed before the offense involved in the
inclination to crimes Code prior conviction
4.The offender is convicted of the new offense -When the other offense is not embraced in the
same title of the Code

10 it is necessary to allege the same in the information and attach thereto -May still be credited if not alleged in the
Reiteration or 1 Generic Greater perversity as certified copies of sentences rendered against the accused information provided that the accused
Habituality shown by his 1.That the accused is on trial for an offense does not object to the presentation of evidence

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inclination to crimes 2.That he previously served sentence for another offense which the law on the fact of recidivism or by the accused’s own
attaches an equal or greater penalty or two or more crimes to which it admission
attaches lighter penalty than that for the new offense. -If the attached penalty to the previous offense is
3.That he is convicted of the new offense death and the latter offenses are that against
property, the court should exercise its discretion
in favour of the accused
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Price, Reward 1 Qualifying Greater perversity 1.There must be 2 or more offenders: the one who gives or offers the price -If the price or reward was given without previous
or Promise as or promise and the one who accepts it promise
shown by the 2.Price, reward or promise must be for the purpose of inducing another to Note: The price, reward or promise must be the
motivating power perform the deed primary motivation in performing the crime.
12
By Means of 1 Qualifying Means and ways 1.The circumstances mentioned must be facilitated by the offender as a -When another aggravating circumstance already
Inundation, employed means to accomplish a criminal purpose qualifies the crime, these shall be considered as
Fire, Etc. generic aggravating circumstance only.
-When there is no actual design to kill a person
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Evident 1 Qualifying Ways of committing 1.The time when the offender determined to commit the crime -When the attack was made in the heat of anger
Premeditation the crime 2.An act manifestly indicating that the culprit has clung to his -Mere threats, expression of determination, ill
Note: Evident determination -feeling or grudge without external acts
premeditation implies 3.A sufficient lapse of time between the determination and execution, to -Implied conspiracy (must be express)
deliberate planning allow him to reflect upon the consequences of his will -When the victim is different from the one
Note: The essence of premeditation is that the execution of the criminal act intended for specific attacks
must be preceded by cool thought and reflection upon the resolution to -Inherent in robbery, BUT is aggravating in
carry out the criminal intent during the space of time sufficient to arrive at robbery with homicide if the premeditation
a calm judgement.Particularity on the person is not required. included the killing of the victim

14 -Craft: when it partakes of an element of the


Craft, Fraud or 3 Qualifying Means 1.That craft, fraud or disguise was used to aid in the executionof the offense
Disguise employed in criminal design -Craft: where the offender did not exert an effort
the commission of the 2.Craft: involves intellectual trickery in order not to arousesuspicion to camouflage his true intentions
crime 3.Fraud: involves insidious words or machinations for direct inducement -Disguise: when the disguise subsequently fell
4.Disguise: resorting to any device to conceal identity during the commission of the crime
-Disguise: where the device was not used to
conceal identity
15
Superior 2 Qualifying Means and ways 1.Applicable only to crimes against persons -Absorbed in the circumstance of treachery
Strength Or employed in the 2.Superior strength: There was deliberate intent to take advantage of -Superior strength:The attack was due to passion
Means to commission of the superior strength and obfuscation
Weaken crime 3.Superior strength: That there is evidence of relative physical strength and -Superior strength: Unexpected turn-out of an
Defenses notorious inequality of forces (age, sex, size) altercation
4.Superior strength: The purpose is to overpower -Superior strength and the attack was made on
5.Weaken defense: The purpose is to materially the victim alternately

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weaken the victim’s resisting power -Superior strength:Inherent in the crime of
parricide
-Superior strength: No abuse of superior strength
when one acted as principal and the other two as
accomplices

16 1.That the crime is committed against persons -Cases involving accidents, chance encounters or
Treachery 1 Qualifying Means and ways 2.That the mode of attack be consciously adopted by the offender spurs of the moment (not deliberately sought)
employed in the 3.That the means, methods, or forms need to ensure the execution of the -Cases attendant of negligence or carelessness
commission of the crime -Cases attendant of passion and obfuscation or
crime 4.That at the time of the attack, the victim was not in a position to defend those w/ sufficient provocation
himself -When the attack was preceded by an altercation
5.When the aggression is continuous, treachery must be present in the or heated discussion
beginning of the assault -When the victim was appropriately warned
6.When the assault was not continuous in that here was an interruption, it -When the accused did not camouflage their
is sufficient that treachery was present at the moment that the final blow intentions
was given -When the victim was already defending himself
when he was attacked by the accused
Notes: -When the accused gave the victim a chance to
-It is not necessary that the mode of attack insures the consummation of prepare
the offense -When the principal left to the killer as the details
-There is treachery in the killing of a child on how the crime was to be committed
-It makes no difference whether or not the victim was the same person -Where the intervention of other persons did not
whom the accused intended to kill directly and especially insure the execution of the
crime
-Inherent in murder by poisoning

17 Means employed 1.Applicable to crimes against chastity, less serious physical injuries, light or -When the victim is already dead
Ignominy 1 Qualifying to commit the crime grave coercion, and murder -No ignominy when a man is killed in the
Note: 2.Where the acts tend to make the effects of the crime more humiliating or presence of his wife
moral suffering shameful
18
Unlawful 1 Qualifying Means and ways When an entrance is effected by a way not intended for that purpose -Trespass to dwelling
Entry employed to commit -When the entrance was effected as a means to
the crime escape
-Inherent to robbery with force upon things

19 1.Done as a means to the commission of a crime -Inherent to robbery with force upon things
Breaking Wall, 1 Qualifying Means and ways 2.That it was done as a means to effect entrance only -Arrests by an officer
Etc employed to commit -Done due to refused admittance to an officer
the crime

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20 1.Minor:That the minor is under 15 years old -Not applicable to vehicles not considered as
Aid Of Minor 2 Qualifying Means and ways 2.Vehicle:That the vehicle be used to furnish a quick means to commit the motorized by the LTO
Or By Means employed to commit crime, flight and concealment -Estafa
of Motor the crime -When the crime is already done and the motor
Vehicles vehicle was just incidental
-Inherent in carnapping

21 1.That the injury caused be deliberately increased by causing other wrong -When the cruelty is done on a corpse
Cruelty 1 Qualifying Ways employed in 2.That the wrong be unnecessary for the execution of the purpose of the -That there was no positive proof that the
committing the crime offender damages seen on the victim were inflicted to
Note: physical 3.Deliberate prolongation of the physical suffering prolong his suffering
suffering

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