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ALTERNATIVE

CIRCUMSTAN
CES

Art. 15. 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 in the spouse, ascendant,
descendant, legitimate, natural, or adopted brother or sister, or
relative by affinity in the same degrees of the offender.
The intoxication of the offender shall be taken into consideration
as a mitigating circumstances 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 the
intoxication is habitual or intentional, it shall be considered as an
aggravating circumstance.

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.

The alternative circumstances are:


a. RELATIONSHIP
b. INTOXICATION
c. DEGREE OF INSTRUCTION AND
EDUCATION OF THE OFFENDER

A. RELATIONSHIP

This is taken into consideration when the offended


party is the:
a. spouse
b. ascendant
c. descendant
d. legitimate, natural or adopted brother or sister
e. relative by affinity in the same degree of the
offender
f. Other relatives included by analogy to
ascendants and descendants e.g. step parents (It
is their duty to bestow upon their stepchildren a
mother/fathers affection, care and protection)
g. adopting parent and adopted
children
* relationship between and niece not included

RELATIONSHIP

Crimes against property as a rule, relationship is


mitigating by analogy to the provisions of Art. 332.

Thus, relationship is mitigating in the crimes of robbery


(Art. 294-302), usurpation (Art. 312), fraudulent insolvency
(Art. 314) and Arson(Arts. 321-322, 325-326) ,

Under Art. 332 of the RPC, no criminal, but only civil, liability
shall result from commission of the crime of theft, swindling or
malicious mischief committed or caused mutually by spouses,
ascendants, and descendants, or relatives by affinity in the
same line; brothers and sisters and brothers-in-law and sistersin-law, if living together.
Relationship becomes actually an exempting circumstance
since there is no occasion to consider a mitigating or an
aggravating circumstance because there is no criminal liability.

RELATIONSHIP

In crimes against persons


a)
It is aggravating where the offended party is a relative of
i.
ii.

b)

But when it comes to any of the physical injuries:


i.

ii.

c)

d)

A higher degree than the offender


When the offender and the offender party are relatives of the same
level (e.g. brothers)
it is aggravating when the crime against person is serious physical
injuries (Art. 263), even if the offended party is a descendant of the
offender. But the serious physical injuries must not be inflicted by a
parent upon his child by excessive chastisement.
it is mitigating when the offense when the offense is less serious
physical injuries or slight physical injuries, if the offended party is
a relative of a lower degree; and aggravating if the offended party is a
relative of a higher degree of the offender.

When the crime committed is homicide or murder, relationship is


aggravating even if the victim of the crime is a relative of a lower
degree.
In rape, relationship is aggravating where a stepfather raped his
stepfather raped his stepdaughter or in a case where a father
raped his own daughter.,

RELATIONSHIP

3)

In crimes against chastity, like act of lasciviousness (Art. 336),


relationship is always aggravating, regardless of whether the
offender is a relative of a higher or lower degree of the offended
party.

when the qualification given to the crime is derived from the relationship between the
offender and the offended party, it is neither mit