Criminal Law

Par. 7. - That the offender had voluntarily surrendered himself to a person in

authority or his agents (voluntary surrender), or that he had voluntarily
confessed his guilt before the court prior to the presentation of
evidence for the prosecution (plea of guilty).

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Requisites of voluntary surrender:

1. That the offender had not been actually arrested.
2. That the offender surrendered himself to a person in authority or to
the latter's agent.
3. That the surrender was voluntary.

Requisite for voluntariness (exclusive reasons for voluntary

surrender):
a. Offender acknowledges his guilt.
b. To save from the trouble of expenses.

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Not mitigating when defendant was in fact arrested.

- Warrant has been served

When the warrant of arrest had not been served or not returned unserved
because the accused cannot be located, the surrender is mitigating.

The law does not require that the surrender be prior to the order of arrest.
("When the warrant of arrest had not been served or not returned unserved
because the accused cannot be located, the surrender is mitigating.")
- "The mere filing of an information and/or the issuance of a warrant of
arrest will not automatically make the surrender involuntary."

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Voluntarily surrendered himself.

The surrender must be made to a person in authority or his agent.

Voluntary surrender does not simply mean non-flight.

Time and place of surrender.

- There is no specific provision provided regarding time and place of
surrender.
 Criminal Law

The surrender must be by reason of the commission of the crime for which
defendant is prosecuted.

Surrender through an intermediary is accepted.

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Voluntary must be spontaneous.

- acting without external stimulus

Intention to surrender, without actually surrendering, is not mitigating.

The law requires that the accused must surrender himself.

There is spontaneity even if the surrender is induced by fear of retaliation by

the victim's relatives.

When the offender imposed a condition or acted with external stimulus, his
surrender is not voluntary.

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Requisites of plea of guilty:

1. That the offender spontaneously confessed his guilt.
2. That the confession of guilt was made in open court, that is before
the competent court that is to try the case.
3. That the confession of guilt was made prior to the presentation of
evidence for the prosecution.

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Plea must be made before trial begins.

Plea of guilty on appeal, not mitigating.

Plea of guilty at the preliminary investigation is no plea at all.

Confession of guilt must be made in open court.

Withdrawal of plea of not guilty and pleading guilty before presentation of

evidence by prosecution is still mitigating.

A conditional plea of not guilty is not a mitigating circumstance.

 Criminal Law

Plea of guilty to amend information, mitigating.

Plea of guilty to lesser offense that that charged, not mitigating.

- Plea of guilty must be to the offense charged.

However, the trial court should determine whether the accused really and
truly comprehended the meaning, full significance and consequences of his
plea and that the same was voluntarily and intelligently entered or given by
the accused.

There is no law prohibiting the taking of testimony after a plea of guilty.

Mandatory presentation of evidence in plea of guilty to capital offense.

(Revised Rules of Criminal Procedure, Rule 116, Sec. 3)

Plea of guilty is not mitigating in culpable felonies and in crimes punishable

by special laws.

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Voluntary surrender Plea of guilty

1. That the offender had not been
actually arrested
2. That the offender surrendered himself
to a person in authority or to the latter's
agent
3. That the surrender was voluntary
1. That the offender spontaneously
confessed his guilt
2. That the confession of guilt was
made in open court, that is before the
competent court that is to try the case
3. That the confession of guilt was
made prior to the presentation of
evidence for the prosecution

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 Criminal Law

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 wit his fellow beings.

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Physical defect must restrict the means of action, defense, or communication

with fellow beings.
- This paragraph does not distinguish between educated and
uneducated deaf-mute or bling persons. (This Code considers them as
being on equal footing.)

Reasoning: Accused in this paragraph does not have complete freedom of

action and, therefore, there is a diminution of that element of voluntariness.

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Par. 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.

Requisites:
1. That the illness of the offender must diminish the exercise of his will-
power.
2. That such illness should not deprive the offender of the
consciousness of his acts.

When the offender completely lost the exercise of will-power, it may be an

exempting circumstance.
- Dementia praecox
- Manic depressive psychosis

Illness of the mind?

- The foregoing legal provision refers only to diseases of pathological
state that trouble the conscience or will.
- However, in some cases, illness of the mind is included. It would
seem that a diseased mind, not amounting to insanity, may give place to
mitigation.

Illness of the offender considered mitigating.

Reason: Accused in paragraph 9 has a diminution of intelligence and intent.

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Criminal Law

Par. 10. - And, finally, any other circumstances of a similar nature and
analogous to those abovementioned.

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Must be of similar nature and analogous to those mentioned in paragraphs 1

to 9 of Articles 13.

Over 60 years old with failing sight, similar to over 70 years of age
mentioned in paragraph 2.

Outraged feeling of owner of animal taken for ransom analogous to

vindication of a grave offense.

Outraged feeling of creditor, similar to passion and obfuscation mentioned in

paragraph 6.

Impulse of jealous feeling, similar to passion and obfuscation.

Manifestations of BWS (Battered Wife Syndrome), analogous to an illness

that diminishes the exercise of will power.

Spirit de corps, similar to passion and obfuscation.

Voluntary restitution of stolen property, similar to voluntary surrender

mentioned in paragraph 7.

Extreme poverty and necessity, similar to incomplete justification based on

state of necessity.
- State of necessity is a justifying circumstance under Article 11,
paragraph 4. Incomplete justification is a mitigating circumstance
under paragraph 1 of Article 13.
- But it is not mitigating where the accused had impoverished himself
and lost his gainful occupation by committing crimes and not driven to
crime due to want and poverty.

Testifying for the prosecution, analogous to plea of guilty.

Restitution in malversation case in only a mitigating circumstance.

Killing the wrong man is not mitigating.

Not resisting arrest, not analogous to voluntary surrender.

Criminal Law

Mitigating circumstances which are personal to the offenders.

a) Mitigating circumstances which arise from the moral attributes of the

offender.
- A and B killed C, A acting under an impulse which produced
obfuscation. The circumstance arose from the moral attribute of A and it
shall mitigate the liability of A only. It shall not mitigate the liability of B.

b) Mitigating circumstances which arise from the private relations of the

offender with the offended party.
- A, son of B, committed robbery against the latter, while C, a stranger,
bought the property taken by A from B, knowing that the property was
the effect of the crime of robbery. The circumstance of relationship (Art.
15) arose from the private relation of A with B and it shall mitigate the
liability of A only. It shall not mitigate the liability of C, an accessory. (Art.
19)

c) Mitigating circumstances which arise from any other personal cause.

- A, 16 years old and acting with discernment, inflicted serious physical
injuries on C. B, seeing what A had done to C, kicked the later, thereby
concurring in the criminal purpose of A and cooperating with him by
simultaneous act. (Art. 18) The circumstance of minority arose from
other personal cause and it shall mitigate the liability of A only. it shall not
mitigate the liability of B, an accomplice.

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Arresto Mayor - Maximum Period, With Aggravating

Prison Correccional - Medium Period, Ordinary Crime or With both
Aggravating and Mitigating
Arrest Menor - Minimum Period, With Mitigating

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Bar Exam Questions and Suggested Answers on Mitigating Circumstances (Criminal Law)
QUESTION (2009):

No. XI. b. Voluntary surrender is a mitigating circumstance in all acts and omissions
punishable under the Revised Penal Code.

SUGGESTED ANSWER:
 False, Voluntary surrender may be appreciated in cases of criminal negligence under Art.
365 since in such cases, the courts are authorized to imposed a penalty without considering
Art. 62 regarding mitigating and aggravating circumstances.

QUESTION (2012):

No. II. a. What is a privileged mitigating circumstance? (5%)

SUGGESTED ANSWER:

Criminal Law
Privileged mitigating circumstances are those that mitigate criminal liability of the crime
being modified to one or two degrees lower. These circumstances cannot be off-set by
aggravating circumstance. The circumstance of incomplete justification or exemption (when
majority of the conditions are present), and the circumstance of minority (if the child above
15 years of age acted with discernment) are privileged mitigating circumstances.

QUESTION (2012):

No. II. b. Distinguish a privileged mitigating circumstance from an ordinary mitigating

circumstance as to reduction of penalty and offsetting against aggravating circumstance/s.
(5%)

SUGGESTED ANSWER:

The distinction between ordinary and privilege mitigating circumstances are: (a) Under the
rules for application of divisible penalties (Article 64 of the Revised Penal Code), the
presence of a mitigating circumstance, has the effect of applying the divisible penalty in its
minimum period. Under the rules on graduation of penalty (Articles 68 and 69), the presence
of privileged mitigating circumstance has the effect of reducing the penalty one or two
degrees lower. (b) Ordinary mitigating circumstances can be off-set by the aggravating
circumstances. Privileged mitigating circumstances are not subject to the off-set rule.