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ARTICLE 13. MITIGATING CIRCUMSTANCES

1. Those mentioned in the preceding chapter,
 when all requisites necessary to justify the act
 or to exempt from criminal liability
 are not attendant.
NOTE:
 CANNOT BE MITIGATED:
 Par. 1 & 2 of ART. 12 (Imbecile/Insane/Minors below 15 years old)
 Reason: Mental condition of a person is indivisible; there is no middle ground
between sanity and insanity; presence of absence of intelligence.
 PRIVILEDGE MITIGATING CIRCUMSTANCES:
 Minor (15-18 years of age)
 Incomplete self-defense (Unlawful Aggression + 1 of the two requisites)
 Incomplete self-defense of relative
 ORDINARY/GENERIC MITIGATING CIRCUMSTANCES
 Unlawful Aggression Only.
 ARTICLE 62 mentions self-defense.
BAR QUESTION:
Distinguish a Privileged Mitigating Circumstance from an Ordinary Mitigating Circumstance
as to reduction of penalty and offsetting against aggravating circumstances.
ANSWER:
1) Ordinary Mitigating is susceptible of being offset by any aggravating circumstances.
 While Privilege Mitigating cannot be offset by aggravating circumstance.

2) Ordinary Mitigating, if not offset by 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;
 Privilege Mitigating produces the effect of imposing upon the offender
 the penalty lower by one or two degrees
 than that provided by law for the crime.

2. That the offender is under 18 years of age

 Or over seventy years.
 In case of the minor,
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 He shall be proceeded against
 in accordance with the provisions of Article 80.
NOTE:
 15-18 YEARS OLD (repealed by R.A. 9344)
o General Rule: NOT Criminally liable
o Exception: Acted in Discernment (understanding between right and
wrong)
o Have to undergo diversion
 Trial of the case will be suspended while on diversion program.
 AFTER 18 – BEFORE 21
o

3. That the offender had no intention

 To commit so grave
 A wrong as that committed

4. That sufficient provocation or threat

 On the part of the offended party
 Immediately preceded the act.

5. That the act was committed

 In the Immediate vindication of a grave offense:
 To the one committing the felony (delito)
 His spouse,
 ascendants,
 descendants,
 legitimate,
 natural or
 adopted brothers or sisters,
 or relatives by affinity within the same degrees.
NOTE:
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 VINDICATION: Lapse of time is ALLOWED (between the Grave Offense and
the Vindication)
 PROVOCATION: Lapse of time is NOT ALLOWED.
 Immediate Vindication of a Grave Offense: “Influence thereof, by reason
of its gravity and the circumstances under which it was inflicted, lasted
until the moment the crime was committed.”
 Immediate must mean PROXIMATE VINDICATION
EXAMPLE OF VINDICATION:
I. Layla, being accused by the victim that she stole the former’s rooster.
Layla feel embarrassed, and the encounter took place in about half an
hour’s time. (LAPSE OF TIME)
II. Gusion stabbing to death the son of Layla which most naturally enraged
and obfuscated him that, seized by that feeling of hatred, he stabbed
indiscriminately the people around. (RETALIATION FROM GRAVE OFFENSE)
III. If Gusion (the surviving husband of Layla) was killed by Bruno, Layla’s
brothers would be entitled to the Mitigating Circumstance of Vindication
of grave offense if they cause serious physical injuries to Bruno
immediately after learning of Gusion’s death. (GRAVE OFFENSE TO
RELATIVE BY AFFINITY)
IV. Layla allowed a man to have sex with her thinking he was his husband.
After realizing that he was not his husband, Layla stabbed him to death.
Under the circumstances, the mitigating circumstance in attendance
constitutes (GRAVE OFFENSE TO THE ONE COMMITTING THE FELONY)
INTERVAL OF TIME NEGATING VINDICATION:
 Less Serious Physical Injuries: 9 Months before the killing
 Libel against the accused: Hours before the killing
 Insulting/Provocative Remarks against Ascendants etc.: months before the
killing

6. That having acted

 Upon an impulse
 So powerful as naturally
 To have produced
 Passion or obfuscation
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7. That the offender had:

 Voluntarily Surrendered himself
o To a person of authority
o Or his agents,
o Or that he had
 Voluntarily confessed his guilt
o Before the court
o Prior to the presentation of evidence
o For the prosecution.
NOTE:
 If Voluntary Surrender and Confession of Guilt – NOT ORDINARY
MITIGATING
 Only Voluntary Surrender – ORDINARY MITIGATING CIRCUMSTANCE.
 Voluntary Plea of Guilty – must be SPONTANEOUS, not Conditional.
 GENERAL RULE: Cannot be obtained after Presentation of Evidence to the
Prosecution.
 EXCEPTION: Can still obtain after PoE as long as there is still no vital
witness yet.
 Cannot obtain MC if IMPROVIDENTLY pleaded guilty but offered some
legal excuses for the commission of crime.
BAR QUESTION:
When is the surrender by an accused considered voluntary, and constructive of
the mitigating circumstance of voluntary surrender?
ANSWER:
 A Surrender to be Voluntary must be SPONTANEOUS,
 Showing the intent of the accused to submit himself UNCONDITIONALLY to
the authorities, either:
1) Because he acknowledges his guilt, or
2) Because he wishes to save them the trouble and expenses
necessarily incurred in his search and capture.
 To constitute as a Mitigating Circumstance, the surrender must have the
following requisites:
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1) The offender has not been actually arrested
2) The offender surrendered himself to a person in authority or to the
latter’s agent
3) The surrender was spontaneous.
8. That the offender is
 Deaf and dumb, blind
 Or otherwise suffering from physical defect
 Which does restricts his means of
a. Action,
b. Defense, or
c. Communication
 With his fellow beings.
NOTE:
 Physical defect must relate to the offense committed.
BAR QUESTION:
To mitigate his liability for inflicting physical injury to another, an accused with
physical defect must prove that such defect restricted his freedom of action and
understanding. This proof is not required where the physical defect consist of:
a) A severed right hand
b) Complete blindness
c) Being deaf, mute and dumb
d) A severed leg

9. Such illness of the offender

 As would diminish
 The exercise of the will power
 Of the offender
 Without however depriving him
 Of consciousness of his acts.

10. And, finally, any other circumstances

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 Of a similar nature
 And analogous
 To the above-mentioned article.
BAR QUESTION:
After properly waving his Miranda rights, the offender led the police to where
he buried the gun he used in shooting the victim. How does this affect his
liability?
ANSWER:
This serves as an analogous mitigating circumstance of voluntary surrender.
ARTICLE 14: AGGRAVATING CIRCUMSTANCE
BAR QUESTION:
Name 4 kinds of Aggravating Circumstances and state their effect on the penalty
of crimes of nature thereof.
ANSWER:
1) GENERIC – generally applies to all crimes
 Can be offset by Aggravating Circumstance.
2) SPECIFIC – applies only to particular crimes
 Cannot be offset by mitigating circumstances.
3) QUALIFYING –change the nature of the crime to a graver one. Penalty next
higher degree.
 Cannot be offset by Mitigating Circ.
4) INHERENT – necessary accompany the commission of a crime.
 Does not affect the penalty whatsoever.
The following are Aggravating Circumstances:
1. That advantage be taken by offender of his Public position.

2. That the crime committed

 In contempt of or
 Insult to the Public Authorities

3. That the act be committed

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 With insult or
 In disregard of the respect
 Due to the offended party
 On account of his
o Rank
o Age, or
o Sex,
 Or it be committed in the dwelling of the offended of the offended party,
 If the latter has not given provocation.

4. That the act be committed with abuse of confidence

 Or obvious 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.

6. That the crime be committed in the nighttime,

 Or inhabited place,
 Or by a band,
 Whenever such circumstances may facilitate the commission of the
offense.
 Whenever 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.

7. That the crime be committed on the occasion of a

 Conflagration,
 Shipwreck,
 Earthquake
 Epidemic or
 Other calamity or
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 Misfortune.

8. That the crime be committed

 With the aid of armed men or
 Persons who insure or afford impunity.

9. That the accused is a recidivist

 A Recidivist is one who,
 At the time of his trial for one crime,
 Shall have been previously convicted
 By final judgement
 Of another crime
 Embraced in the same Title of this Code.

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

11. That the crime be committed in consideration of a

 Price,
 Reward,
 Or promise.

12. That crime be committed by means of

 inundation,
 fire,
 poison,
 explosion,
 stranding of a vesselor
 intentional damage thereto,
 derailment of a locomotive,
 or by use of any other artifice
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 involving great waste and ruin.

13. That the act be committed with evident premeditation.

14. That craft, fraud, or disguise be employed.
15. That advantage be taken
 of superior strength,
 or means be employed to weaken the defense.

16. That the act be committed with Treachery (Alevosia).

 There is treachery
 When the offender commits any of the
o crimes against persons,
o employing means, methods, forms
 In the execution thereof
 Which tends directly
 And specially to insure its execution,
 Without risk to himself
 Arising from the defense
 Which the offended party might make.
BAR QUESTION:
ELEMENTS OF TREACHERY must be present:
a) At the time of the attack the victim was in no position to defend himself
b) The accused consciously and deliberately adopted the particular means,
methods, or forms of attack employed by him.
THERE IS NO TREACHERY IF:
a) Meeting is by chance
b) Attack was spontaneous,
c) Preceded by heated words
d) And not consciously adopted.
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