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CRIMINAL LAW 1 NOTES: ARTICLE 15 ALTERNATIVE

CIRCUMSTANCES
Posted by kaye lee on 9:36 AM

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

Aggravatin
g

1. In crimes against 1. Crimes


property (Art 332) against
persons
a. Robbery (Arts 294
- 302)
Where:
b. Usurpation (Art
312)
c. Fraudulent
insolvency (Art
314)

Exempting
Article 332

a. Theft
b. Swindling

c.
a. offended party
is a relative of
ahigher
degree than
the offender,

Estafa

Not
MC or
AC
Parrici
de
Adulte
ry

Concu

Not criminal liability therefore not


binage
MC or AC if the offender is
related to the offended party
becau
as spouse, ascendant, or
se it is
descendant or if the offender

b. or where
offender and
offended party
are relatives
of the same
line
c. Not
aggravating:
when the
offender killed
d. Arson (Arts
his brother in
321,322, 325,326) law

is a brother or sister or
brother in law or sister in law
of the offended party and
they are living together.
(Absolutory cause)

(e) Only civil


liability committed
by
Spouses,
ascendants,
descendants,
Death of
victim who is
relative of a
lower degree
brothers-, sisterswhen the
in-law
crime
is homicide(A
Theft
rt 249)
Swindling
or murder(Art
Malicious mischief 248)
or relatives by
affinity in same
line;

Trespass to
dwelling

1. Crime against
persons when
it is serious
physical
injuries

Article 247
Less serious physical injuries
Serious physical injuries
Where a spouse committed after
having surprise the offended
spouse or paramour or mistress
committing actual sexual
intercourse

insepa
rable
and
inhere
nt in
the
offens
e

(the offended
party is
descendant,
whether
illegitimate or
legitimate)
2. Less serious
physical
injuries if
offended party
is relative of
higher degree
of the offender
3. Slight physic
alinjuries 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
attending;

Crime agains
tchastity

Ex. Where accused Acts oflasciv


killed his brother in iousness(Art
law in view of
336)
conduct pursued

by the latter in
contractingadulter
ousrelations with
the wife of the
accused; or

Rape

Regardless of
whether the
offender is a
Accused, a brother relative of a
in law, struck the
higher or
deceased, the
lower degree
reason is to render of the
service to relative offended party
Qualifying
AC.

Intoxication.
Must be proved

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

"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 1.


Must be proved by
satisfactory evidence, in the
absence of proof to the
contrary, it is presumed to be
unintentional

If intoxication is habitual one given to intoxication by


excessive use of
intoxicating drinks.

2. If intoxication is unintentional
2. If it is intentional
- not subsequent to the plan (subsequent to the plan of
to commit a felony
committing a felony)
If the intoxication
isaccidental, where the
accused was drunk at the
time of the commission of
the crime is considered as
MC

Exception when intoxication is non


habitual but subsequent to
the plan to commit the
crime.

Degree of instruction and education of the offender.


Mitigating

Aggravating

Low degree, absence of, or


lack of instruction and
High degree of instruction and
education
education
Lack of sufficient

Highly intelligent and

intelligence

exceptional and mentally alert

Must be proved positively


and directly and cannot be
based on mere deduction
or inference.

When the offender is a city


resident who knows how to
sign his name

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-subversion law;
example. Estafa, theft,
murder; homicide
robbery, arson
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.