RAYMOND C.

CALSADA

Article 13. Mitigating circumstances.

2. That the offender is under eighteen year of age or over seventy years. In the case of the minor, he
shall be proceeded against in accordance with the provisions of Art. 80.

Example- A killed his friend B because of jealous upon knowing A is under 18 years old.

3. That the offender had no intention to commit so grave a wrong as that committed.

Praeter intentionem- for example, A want to punch B to give him a black eye when he landed a punch, B
fell on the ground and his head landed into a stone that causes of his death.

4. That sufficient provocation or threat on the part of the offended party immediately preceded the act.

Example- A and B was arguing, A told to B he will kill him and A went inside his house and get his gun,
luckily B was a retired police and he pull the trigger before A did.

6. That of having acted upon an impulse so powerful as naturally to have produced passion or
obfuscation.

Example- A was on his way home and he was tired, when he enter their house he saw his wife and other
man in their bed and doing something. In his anger he killed the man.

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;

Example: A was driving his car and after a bit he slept while driving, afterwards he hit another car, A was
in rush to check the driver but its already dead. After reporting the accident he immediately surrender
into the nearest police station.

Chapter Four

CIRCUMSTANCE WHICH AGGRAVATE CRIMINAL LIABILITY

Article 14. Aggravating circumstances. - The following are aggravating circumstances:

1. That advantage be taken by the offender of his public position.

Example: A is a jail warden at the night time because of his authority A entered in the prison of girl
inmate to abuse them sexually. Because of his position he can easily do whatever he wanted
2. That the crime be committed in contempt or with insult to the public authorities.

Example: A and B was quarrelling upon the Municipal Mayor passing by stop them, even there is the
presence of the Mayor A and B continued quarrelling until A successfully killed B.

3.That the act be committed with insult or in disregard of the respect due the offended party on account
of his rank, age, or sex, or that is be committed in the dwelling of the offended party, if the latter has not
given provocation.

Example: B entered in the house of A to rob, upon getting the items he wanted A notice it and check
when A saw B robbing his house A fight with be but because A is old man and weak B took advantage of
it until he killed A.

4. That the act be committed with abuse of confidence or obvious ungratefulness.

Example: A and B was in relationship, A secretly stalking his girlfriend, when he saw B is talking to a guy
without knowing that is her brother and A jealous to him. A setting up his girlfriend to kill he cook food
and put a poison on it. When B is home A is preparing the meal for his girlfriend because of the trust of B
he ate it without knowing that will cause to her death

7. That the crime be committed on the occasion of a conflagration, shipwreck, earthquake, epidemic or
other calamity or misfortune.

Example: A was angry to B because of some arguments before, accidentally the house of B was burning
and A took this opportunity to kill B because of his anger to him.

THEORETICAL SAMPLE!!