GERONIMO, ANDRAE NICOLO

DEGREE OF INSTRUCTION AND EDUCATION

PEOPLE v. TOLENTINO

November 6,1981 G.R. No. L-51368 De Castro, J:

Relevant Provisions/Concepts/Doctrines

RPC 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.

Doctrine:
The alternative mitigating circumstance of lack of instruction no longer applies crimes of theft
and robbery upon the decision of US v. Pascual.

Lack of instruction, which needs to be proven directly and positively.

Membership in a cultural minority is not expressly mentioned by the Revised Penal Code
among the mitigating circumstances, nor would it come under paragraph 10, Art. 13 of said
Code, which speaks of "any other circumstances of a similar nature and analogous to those
above mentioned.

ISSUE

May the accused claim an alternative mitigating circumstance of lack of instruction &
education and belonging to a cultural minority(muslim)? (No)

FACTS

The accused was charged of violating the anti-rustling law(PD 533) after being caught and
pleading guilty after stealing 2 carabao’s.

According to the victim, in the evening of December 1976, he left his two carabaos near his
house. The following morning he noticed they were missing. He immediately reported the loss
to the constabulary where they searched for the missing carabao. When they reached Pawak
Lanao Del Norte. They saw the accused with 3 other men and had a gun fight which lead to
the accused being injured and the 3 other companions running away and leaving the
Carabao.

The accused pleaded guilty for his actions but claimed an alternative mitigating circumstance
of lack of instruction & education and belonging to a cultural minority since he was a muslim.

His defense, of lack of education and being member of a minorty group is based on the case
of US v. Maqui. In this case, Maqui was granted a mitigating circumstance of lack of
instruction and being a member of a cultural minority due to Maqui being an uncivilized Igorot.
 RULING

No. the accused cannot claim an alternative mitigating circumstance of lack of

instruction & education and membership to a cultural minority.

The Supreme Court held that the Maqui case cannot be invoked as a precedent as there is no
evidence on record that the accused is an uncivilized Igorot which amounted to more than
lack of instruction; neither does it appear in said case nor under the Revised Penal Code that
mere membership in a cultural minority is mitigating. What the court considered mitigating in
the case of US v. Maqui was Maqui being an uncivilized Igorot which amounted to more than
just lack of instruction. Again, there is no proof on record that the accused herein may be
similarly described. In any case, mere membership in a cultural minority is not expressly
mentioned by the Revised Penal Code among the mitigating circumstances, nor would it
come under paragraph 10, Art. 13 of said Code, which speaks of "any other circumstances of
a similar nature and analogous to those above mentioned

In addition, no evidence presented to prove the mitigating circumstances of lack of instruction,

which needs to be proven, as all circumstances modifying criminal liability should be proved
directly and positively.

The court also stated that mitigating circumstance of lack of instruction no longer
applies crimes of theft and robbery upon the decision of US v. Pascual.

Therefore, the accused cannot claim an alternative mitigating circumstance of lack of

instruction & education and belonging to a cultural minority. Due to lack of evidence to prove
“lack of instruction & education” and for membership of a cultural minority not being a
mitigating circumstance under the RPC.