Alternative circumstances

184. G.R. No. L-27401 October 31, 1969

THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. DIEGO BALONDO, defendant-appellant.

Facts: Balondo was charged with murder. The trial court provided that the crime was committed with the
aggravating circumstance of relationship, the victim being the niece of the accused. (she was a niece of
the accused from a second degree cousin)

Issue: Whether or not the accused is subject to aggravating circumstance of relationship

Held: No, Under Article 15 of the Revised Penal Code, the alternative circumstance of relationship shall
be taken into consideration only when the offended party is the spouse, ascendant, descendant,
legitimate, natural or adopted brother or sister, or relative by affinity in the same degree of the offended

mitigating in cases of robbery