ARTICLE 13: MITIGATING CIRCUMSTANCES --- The following are mitigating circumstances:

Par. 1: Those mentioned in preceding chapter, when all the requisites necessary to justify the act or to exempt from
criminal liability in the respective cases are not attendant.

Requisites: a. When all the requisites necessary to justify the act are not attendant.
- Incomplete self-defense, defense of relative, and defense of stranger.
- Incomplete justifying circumstance of avoidance of greater evil or injury.
- Incomplete justifying circumstance of performance of duty.
- Incomplete justifying circumstance of obedience to an order.
b. When all the requisites necessary to exempt from criminal liability are not attendant.
- Incomplete exempting circumstance of minority over 15 and under 18 years of age.
- Incomplete exempting circumstance of accident.
- Incomplete exempting circumstance of uncontrollable fear.

Par. 2: That the offender I under eighteen years of age or over seventy years. In the case of the minor, he shall be
proceeded against in accordance with the provision of Article 80.
Basis: The mitigating circumstance in paragraph 2 of Article 13 are based on the diminution of intelligence, a
condition of voluntariness

Par. 3: That the offender had no intention to commit do grave a wrong as that committed.
Rule: This circumstance can be taken into account only when the facts proven show that there is a notable and
evident disproportion between the means employed to execute the criminal act and its consequences.
Basis: In this circumstance, intent, an element of voluntariness in intentional felony, is diminished.

Par. 4: That sufficient provocation or threat on the part of the offended party immediately preceded the act.
(provocation – any unjust or improper conduct or act of the offended party, capable of exciting, inciting, or irritating
anyone.
Requisites: a. That the provocation must be sufficient.
b. That it must originate from the offended party, and
c. That the provocation must be immediate to the act.
Basis: The mitigating circumstance in paragraph 4 of Article 13 is based on diminution of intelligence and intent.

Par. 5: That the act was committed in the immediate vindication of a grave offense to the one committing the felony,
his spouse, ascendants, descendants, legitimate, natural or adopted brothers or sisters, or relatives by affinity within
the same degrees.
Requisites: a. That there be a grave offense done to the one committing the felony, his spouse, ascendants,
descendants, legitimate, natural or adopted brothers or sisters, or relatives by affinity within the same
degrees.
b. That the felony is committed in vindication of such grave offense. A lapse of time is allowed between
the vindication and the doing of the grave offense.
Basis: The mitigating circumstance in paragraph 5 of Article 13 is based on the diminution of the conditions of
voluntariness.
Par. 6: That of having acted upon an impulse so powerful as naturally to have produced passion or obfuscation.
Rule: Passion or obfuscation may constitute a mitigating circumstance only when the same arose from lawful
sentiments. Thus, there is no mitigating circumstance when (1) the act is committed in a spirit of lawlessness; or (2) the
act is committed in a spirit of revenge.
Requisites: a. That there be an act, both unlawful and sufficient to produce such a condition of mind; and
b. That said act which produced the obfuscation was not far removed from the commission of the crime
by a considerable length of time, during which the perpetrator might recover his normal equanimity.

Par. 7: That the offender had voluntarily surrendered himself to a person in authority or his agents, or that he had
voluntarily confessed his guilt before the court prior to the presentation of the evidence for the prosecution.
Requisites: a. That the offender had not been actually arrested.
b. That the offender surrendered himself to a person in authority or to the latter’s agent.
c. That the surrender was voluntary.
Requisites of PLEA OF GUILTY:
a. That the offender spontaneously confessed his guilt.
b. That the confession of guilt was made in open court, that is, before the competent court that is to
try the case
c. That the confession of guilt was made prior to the presentation of evidence for the prosecution.
Basis: The basis of the mitigating circumstances of voluntary surrender and plea of guilty is the lesser perversity
of the offender.

Par. 8: That the offender is deaf and dumb, blind or otherwise suffering from some physical defect which thus
restricts his means of action, defense, or communication with his fellow beings.
Physical defect referred to is such as being armless, cripple, or a stutterer, whereby his means to act, defend
himself or communicate with his fellow beings are limited.
Basis: Paragraph 8 or Article 13 considers the fact that one suffering from physical defect, which restricts one’s
means of action, defense, or communication with one’s fellow beings, does not have complete freedom of action and,
therefore, there is a diminution of that element of voluntariness.

Par. 9: Such illness of the offender as would diminish the exercise of the willpower of the offender without however
depriving him of consciousness of his acts.
Requisites: a. That the illness of the offender must diminish the exercise of his will-power.
b. That such illness should not deprive the offender of consciousness of his acts.
Basis: The circumstance in paragraph 9 of Article 13 is mitigating because there is diminution of intelligence and
intent.

Par. 10: And, finally, any other circumstance of a similar nature and analogous to those abovementioned.
Note: It seems that all mitigating circumstances are personal to the offenders.

Circumstances which are neither exempting nor mitigating:

1. Mistake in the blow or aberratio ictus.
2. Mistake in the identity of the victim.
3. Entrapment of the accused.
4. The accused is over 18 years of age.
5. Performance of righteous action.