This action might not be possible to undo. Are you sure you want to continue?
If present in the commission, it would reduce/mitigate the
imposable penalty since when he committed act with a reduction
of freedom, intent or of intelligence.
1.) THOSE MENTIONED IN PRECEDING CHAPTER,
WHEN ALL NECESSARY REQUISITE ARE NOT
ATTENDANT (TO JUSTIFY OR EXEMPT)
Incomplete self defense, defense of relative, state of necessity,
incomplete accident, incomplete irresistible force, incomplete
2.) OFFENDER IS UNDER 18 OR OVER !.
Over 9 – 15 !empting
1" to 1# !empting if acted without discernment
$itigating if acted with discernment
1% to #& $itigating
'aptismal certificate is not competent to prove a persons age since
it is not recogni(ed as an official document. )hat is competent is
the official birth certificate.
*p. v. +isnio.
+he answer to the ,uestion if whether or not -.s lone testimony as
to his minority would be sufficient is /0.
-nyway, the prosecution will present its own evidence and it is
there that we will 1now if - is telling the truth. 'ut if his
testimony is unchallenged, then, it would suffice.
".) OFFENDER HAS NO INTENTION TO COMMIT A
WRONG AS THAT COMMITTED.
-pplies only to intentional felonies and not to culpable felonies.
!2 - with intent and inflicting physical in3ury on ', hit ' with his
fist. ' fell down and his head hit a concrete pavement, thereby
fracturing his s1ull. ' subse,uently dies.- is liable for homicide,
he is entitled to mitigating circumstance whereby he had no
intention to commit so grave a wrong as that committed.
#.) HAVING ACTED UPON AN IMPULSE SO POWERFUL
OF NATURALLY TO HAVE PRODUCED PASSION AND
*assion and obfuscation must arise from lawful sentiments.
a.4 -, married man, was having affair with 5, - 1illed 5 since 5
want to part ways with -. - defense that he was obsfucated.
6efense untenable since passion arose from an illicit relationship.
b.4 *assion must not be generated by revenge.
c.4 *assion must not be 7libido8
%.) SUFFICIENT PROVOCATION OR THREAT ON PART
OF OFFENDED PARTY PRECEDED THE ACT.
' attac1ed - with a piece of wood - defended himself by shooting
'. when ' reali(ed that he was slightly wounded, he turned his
bac1 and ran away, a chased , overtoo1 him and 1illed him.- is not
entitled to 3ustifying circumstances of self defense since no
unlawful aggression is present since ' ran away, - cannot claim
benefit of incomplete self defense, he may avail of mitig. 5ircum.
0upose, when - was chasing ', ' was force to fight bac1 and in
the process ' 1illed -, can ' claim self defense9 :o, since reason
why - attac1ed due to the sufficient provocation given by '
earlier.' may avail and mit. 5ircu. Of incomplete self defense.
since there was unlawful aggression on part of -. -lso, means '
used to defend himself was reasonable, but he gave sufficient
)hen threatened act is about to happen, that is e,uivalent to actual
aggression. +hat is a 3ustifying circumstance.
'ut if threat is in the future, then it is not e,uivalent to unlawful
1.4$itigating – - said 7you watch out days, I.ll 1ill you one of
these days, so ' 1illed -.
;.4<ustifying =invo1e self>defense4>>- told ', 7I.ll 1ill you now8
and drew his gun. )hen ' reali(ed that, ' drew out and shot his
gun and 1illed -.
D(''*.*+)* /' (33*4(1,* (+ P1. # 1+4 P1. %.
? – immediate means no gap between the threat or provocation and
5 – immediate is not really literal, the immediate here is
-ct was committed in vindication of a grave offense to2
+he one committing the felony
Aegitimate, natural or adopted bros. and sisters.
Belatives by affinity with in same degree =5onsanguinity not
Immediate in here means pro!imate. $eaning, the revenge is not
done immediately but after a lapse of time, what is important is
that there is a relation of cause and effect between them.
!2 C is 1illed and that after funeral of C, his son -, loo1s for
1iller, after 1 month, - found 1iller and 1ill him.
D0 vs.-$*-B2+here was a party. -, who is an old man went to '
who was serving lechon. ' played a 3o1e on - in presence of guest
and called him 7Boast *ig8 .- left, got an a! and 1illed '.- acted
in vindication of a grave offense committed against him. It was
3ust a 3o1e but considering his age and occasion, it was something
.) OFFENDER HAD TO VOLUNTARILY SURRENDERED
HIMSELF TO A PERSON IN AUTHORITY OR HIS AGENT
VOLUNTARILY CONFESSED HIS GUILT $EFORE THE
COURT PRIOR TO PRESENTATION OF EVIDENCE FOR
=$ost common mitigating circumstance invo1ed in court4.
1.0urrender to person in authority =-rt. 15E4, cler1 of 5ity hall is
not person in authority=;&&" notes4.
;.+o be voluntary it must be spontaneous and should show intent
to submit himself unconditionally>>
1.4 6ue to that he ac1nowledge his guilt or
;.4 'ecause he wishes to save them =police and
guard4 the trouble and e!penses to be
necessary increased for his search and
N/, V/6&+,1.7 S&..*+4*.
)hen - is supposed to surrender to ensure his safety – his arrest
being inevitable, the surrender is not spontaneous hence not
It too1 ; years and 5 months after issuance of warrant of arrest
before he surrender.
*rovincial 5ommander announced that he would issue a shoot to
1ill order against -. 0o - was persuaded to surrender .Fact
remains that he was not arrested and he presented himself to
V/6&+,1.7 C/+'*88(/+ /' 9&(6,
made an open court
*rior to presentation of evidence by prosecution.
- person who entered a plea of 7:ot guilty8 later change his mind
and withdraw the plan and change it to guilty. -nd that he is still
entitled to mitigating circumstance since he confessed his guilt
before prosecution has laid its evidence.+he law does not re,uire
for offender to give himself to the authorities in the municipality
where offense was committed.
8.) OFFENDER IS DEAF AND DUM$, $LIND,
OTHERWISE SUFFERING SOME PHYSICAL DEFECT
WHICH THUS RESTRICTS HIS MEANS OF ACTION,
DEFENSE OR COMMUNICATION WITH HIS FELLOW
-ny physical defect by accused is automatically mitigating even if
it does not have anything to do with the crime.
:.) SUCH ILLNESS OF OFFENDER AS WOULD DIMINISH
THE EXERCISE OF THE WILL POWER OF OFFENDER
WITHOUT HOWEVER DEPRIVING HIM OF
CONSCIOUSNESS OF HIS ACTS.
+his is a mitigating circumstance which you should correlate with
1; =14 on insanity.
1.+est of cognition – complete deprivation of intelligence in
committing criminal act =Bight or wrong test4.
;.+est of volition – +otal deprivation of freedom of will, irritable
impulse test, recogni(ed test
1!.) ANY OTHER CIRCUMSTANCE OF A SIMILAR
NATURE ANALOGOUS TO THOSE MENTIONED.
>Old man, around "5, but he could hardly walt1. +he 05 gave to
his benefits the circumstances analogous to 7-bove #&8
>5reditor who could not collect from the debtor. ach time he
would go to debtor to collect the account, the debtor would always
tell him to come bac1 the ne!t day. 5reditor, got tired and mauled
the latter.+he feeling of creditor is same with passion so mitigated.
>- thief who stole property. -fter ; days, he was filled with
remorse.6esistance was too late, returning the property cannot be
desistance same to voluntary surrender.
D(8,(+),(/+8 ;*,<**+ /.4(+1.7 3(,(91,(+9 )(.)&38,1+)*8 1+4
-.(0(6*9*4 3(,(91,(+9 )(.)&38,1+)*8
A8 ,/ ,2* +1,&.* /' ,2* )(.)&38,1+)*8
Ordinary mitigating circumstances can be offset by aggravating
*rivilege mitigating circumstance can never be offset by any
A8 ,/ *''*),
Ordinary mitigating circumstances, if not offset, will operate to
reduce the penalty to the minimum period, provided the penalty is
a divisible one.
*rivilege mitigating circumstances operate to reduce the penalty by
one or two degrees, depending upon what the law provides.
/ou can easily detect whether the circumstance which mitigates
the liability of the offender is privilege or not, that is, if the penalty
is reduced by degree. If the penalty is lowered by one or two
degrees, it is privilegeG therefore, even if there is an aggravating
circumstance, do not compensate because that would be violating
the rules.+he circumstances under -rticle 1E are generally
ordinary mitigating, e!cept in paragraph 1, where it is privilege,
-rticle "9 would apply. 0o also, paragraph ;, in cases where the
offender is below 1% years old, such an offender if criminally liable
is entitled to the lowering of penalty by one degree. 'ut if over
nine but under 15, he is entitled to a discretionary penalty of at
least two degrees lower. )hen there is a lowering of penalties by
degrees, it is a privilege. It cannot be offset by an aggravating
In bar problems, when you are given indeterminate sentences,
these articles are very important.)hen the circumstance which
mitigates criminal liability is privileged, you give effect to it above
all considerations. In other words, before you go into any
circumstance, lower first the penalty to the proper degree. +hat is
precisely why this circumstance is considered privileged. It ta1es
preference over all other circumstances.
This action might not be possible to undo. Are you sure you want to continue?
We've moved you to where you read on your other device.
Get the full title to continue reading from where you left off, or restart the preview.