ARTICLE 13.
MITIGATING
CIRCUMSTANCE
Par 1 - Incomplete justifying and
exempting circumstance
Incomplete justifying and exempting
circumstance means that NOT ALL
REQUISITES to justify the act or NOT
ALL REQUISITES to exempt from
criminal liability are present to the
respective cases:
1. Self-defense [Art. 11 (1)]
2. Defense of relatives [Art.11 (2)]
3. Defense of strangers [Art.11 (3)]
4. State of necessity [Art.11 (4)]
5. Performance of duty [Art.11 (5)]
6. Obedience to order of superior
[Art.11 (6)]
7. Minority above 15 but under 18
years of age (R.A. No. 9344)
8. Causing injury by mere accident
[Art.12 (4)]
9. Uncontrollable fear [Art.12 (6)]
If less than the majority of the requisites
are present, the offender shall only be
entitled to an ordinary mitigating
circumstance.
If majority of the requisites are present, the
offender shall be entitled to a privileged
mitigating circumstance - the penalty
imposed is lowered by one or two degrees.
i.e. when there are two requisites, then the
presence of one is considered as the
majority.
The offended party must be guilty of
unlawful aggression, otherwise there can
be no incomplete self-defense, defense of
relative or defense of stranger.
Par. 2 - The offender is over 15 but under
18 years of age or over 70 years of age
Over 15 but under Mitigating
18 years of age circumstance if
acted with
discernment
Over 70 years of Mitigating
age circumstance; no
imposition of death
penalty; execution
of death already
imposed shall be
suspended and
commuted.
Child in Conflict with the Law shall
undergo diversion programs.
Par. 3 - No intention to commit so grave a
wrong as to that committed (praeter
intentionem)
The basis is diminution of intent
It is necessary that there be a notable and
evident disparity between the means
employed by the offender compared to the
resulting felony.
Factors in order to ascertain the
intention:
1. The weapon used
2. The part of the body injured
3. The injury inflicted
4. The manner it is inflicted
This provision addresses the intention of the
offender at the particular moment when the
offender commits the crime and not at the
planning stage.
 Not applicable in felonies by
negligence
 Not applicable when the
offender employed brute force
The absence of intention to kill reduces the
felony to physical injuries if the victim does
not die. It is only mitigating when the
victim dies.
NOTE: Lack of intention to commit so
grave a wrong cannot be raised as a
mitigating circumstance in Anti-Hazing
Law.
Par. 4 - That the sufficient threat or
provocation of the offended party
immediately preceded the act
The basis is loss of reasoning and self-
control, thereby, diminishing the exercise of
his willpower.
Threat should not be offensive and
positively strong because if it was, the threat
to inflict real injury becomes unlawful
aggression and may give rise to self-
defense.
Provocation is any unjust or improper
conduct of the offended party, capable of
exciting, inciting or irritating anyone.
Requisites of sufficient threat or
provocation:
1. The provocation must be sufficient
2. It must originate from the offended party
3. It must be immediate to the act
In self-defense, the provocation must be
absent on the part of person defending
himself. As a mitigating circumstance,
provocation must come from the offended
party.
Provocation must be immediate to the act
If there was interval of time, the conduct of
the offended party could not have excited
the accused to the commission of the crime,
he having had time to regain his reason and
to exercise self-control.
Par. 5 - Vindication of a grave offense
The basis is loss of reasoning and self-
control, thereby, diminishing the exercise of
his willpower.
NOTE: This has reference to the honor of
the person. It concerns with the good names
and reputation of the individual.
Requisites of vindication of a grave
offense:
1. Grave offense has been done to the one
committing the felony, his spouse,
ascendants, descendants, legitimate natural
and adopted brothers or sisters, or relatives
by affinity within the same degree
2. A 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, it is enough that:
1. The offender committed the crime
2. The grave offense was done to him or his
relatives mentioned in the law
3. The grave offense is the proximate cause
of the commission of the crime
Par. 6 - Passion or obfuscation
The basis is loss of reasoning and self-
control, thereby diminishing the exercise of
his willpower.
PASSION OR OBFUSCATION
Passion and obfuscation refer to emotional
feeling which produces excitement so
powerful as to overcome reason and self-
control. It must come from prior unjust or
improper acts. The passion or obfuscation
must emanate from legitimate sentiments.
Elements of passion or obfuscation
1. Accused acted upon an impulse
2. Impulse must be so powerful that it
naturally produced passion or obfuscation
Requisites of passion or obfuscation
1. That there is an act, both unlawful and
sufficient to produce such a condition of
mind
2. That the 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 natural equanimity.
Circumstance where passion or
obfuscation is not a mitigating
circumstance:
1. That the act is committed in a spirit of
lawlessness
2. That the act is committed in a spirit of
revenge
As a rule, passion or obfuscation can only
be used as a mitigating circumstance.
However, in Article 247, it may be used as a
exempting circumstance, if an injury is
inflicted other than serious physical injuries
and killing.
Par. 7 - Voluntary surrender and
confession of guilt
The basis is the lesser perversity of the
offender.
Mitigating circumstances:
1. Voluntary surrender of the offender to
persons in authority or his agents
2. Voluntary confession of guilt before the
court prior to the presentation of evidence
for the prosecution
Requisites of voluntary surrender
1. That the offender had not been actually
arrested
2. That the offender surrendered to person in
authority or the latter’s agent
3. That the surrender was voluntary
The surrender must be spontaneous to be
considered voluntary.
Requisites of confession of guilt
1. The accused voluntary confessed his guilt
2. That the confession was made in an open
court, that is the competent court that is to
try the case
3. That the confession was made prior to the
presentation of evidence for the prosecution
A plea of guilty is not mitigating in
culpable felonies and in crimes punishable
by special laws.
Par. 8 - Physical defect
The basis is the diminution of the element
of voluntariness.
Physical defect
A person’s physical condition, such as being
deaf and dumb, blind, armless, cripple, or
stutterer, whereby his means of action,
defense or communication with others are
restricted or limited. The physical defect
that a person must have a relation to the
commission of the crime.
Requisites of physical defect
1. The offender is deaf and dumb, blind or
otherwise suffering from some physical
defects
2. Such physical defect restricts his means
of action, defense, or communication with
his fellow beings
Par. 9 - Illness of the offender
The basis is diminution of intelligence and
intent.
Requisites of illness of the offender
1. That the illness of the offender must
diminish the exercise of willpower
2. Such illness should not deprive the
offender the conciousness of his acts
If the illness not only diminishes the
exercise of willpower but deprives him of
the conciousness of his acts, it becomes
exempting circumstance to be classified as
insanity or imbecility.
Par. 10 - Similar and analogous
circumstances
This paragraph authorizes the court to
consider in favor of the accused “any other
circumstance of a similar nature and
analogous to those mentioned in paragraphs
1 to 9 of Article 13.”
Example:
* Esprit de corps is similar to passion and
obfuscation.
* Defendant who is 60 years old with failing
eyesight is similar to a case of a person over
70 years of age
* Impulse of jealous feeling, similar to
passion and obfuscation
* Voluntary restitution of property, similar
to passion and obfuscation
Circumstances which are neither
exempting nor mitigating
1. Mistake in blow (aberratio ictus)
2. Mistake in identity (error in personae)
3. Entrapment
4. Accused is over 18 years of age
5. Performance of righteous action
 ARTICLE 14. AGGRAVATING
CIRCUMSTANCES
If attendant in the commission of the crime:
1. Serve to have the penalty imposed to its
maximum period provided by law; or
2. Change the nature of the crime
Par. 1 - Taking advantage of public
position
It is only considered as an aggravating
circumstance when the offender is a public
officer. The offender must have:
1. Abused his public position
2. At least, the use of the same facilitated
the commission of a crime
To be applicable, the public officer must
have used his:
a. Influence
b. Prestige
c. Ascendancy
Par. 2 - Contempt or insult to public
authorities
Par. 3 - Disregard of rank, sex, age or
dwelling
Par. 4 - Abuse of confidence or obvious
ungratefulness
Requisites
1. That the offended party trusted the
offender
2. The offender abused such trust by
committing a crime against the offended
party
3. The abuse of confidence facilitated the
commission of a crime
Par. 5 - Palace and the places of
commission of the offense
Places of commission of offense
1. In the palace of the Chief Executive
2. In his presence
3. Where public authorities are engaged in
the discharge of their duties
4. In a place dedicated to religious worship
Par. 6 - Night time, uninhabited place and
by a band
Par. 7 - On occassion of conflagration,
shipwreck, earthquake, epidemic or other
calamity or misfortune
Par. 8 - Aid of armed men
It is present when the crime to which it
attaches to is committed with the aid of:
1. Armed men
2. Persons who insure or afford impunity
Par. 9 - Recidivism
A recidivist is the one who, at the time of
the trial of a crime shall have been
previously convicted by final judgment of
another crime embraced in the same title of
the RPC.
Requisites of recidivism
1. The offender must be at a trial for an
offense
2. He was previously convicted by final
judgment of another crime
3. Both the first and second offense are
embraced in the same title of the RPC
4. The offender is convicted of the new
offense
As a general rule, recidivism affects only
the period of penalty. However, in
prostitution and gambling, recidivism
increases the penalties by degrees.
Pardon does not obliterate recidivism.
However, amnesty extinguishes the penalty
and its effects.
Par. 10 - Reiteracion
Requisites
1. That the accused is on a trial for a new
offense
2. That the accused previously served his
sentence for another crime to which the law
attaches equal or greater penalty, or for two
or more crimes to which it attaches lighter
penalty than that for the new offense
3. That the accused is convicted of the new
offense

Par. 11 - In consideration of a price,

reward or promise

Par. 12 - By means of inundation, fire,

explosion, poison, etc.

Par. 13 - Evident premeditation

Par. 14 - Craft, fraud or disguise

Par. 15 - Abuse of superior strength or

means employed to weaken the defense

Par. 16 - Treachery

Par. 17 - Ignominy

Par. 18 - Unlawful entry

Par. 19 - Breaking wall

Par. 20 - Aids of minors and use of motor

vehicles or other similar means

Par. 21 - Cruelty OF MINORS OR USE OF

MOTOR VEHICLES
OR OTHER SIMILAR MEANS