CRIMINAL LAW I: Hand-out #3

CIRCUMSTANCES AFFECTING CRIMINAL LIABILITY

MITIGATING CIRCUMSTANCES
- Mitigating circumstances are those which, if present in the commission
of the crime, do not entirely free the actor from criminal liability, but
serve only to reduce the penalty.

- The following are mitigating circumstances:

1. Incomplete Justifying or Exempting circumstances;
2. Under 18 or over 70 years old;
3. No intention to commit so grave a wrong;
4. Sufficient Provocation or Threat;
5. Vindication of grave offense;
6. Passion or obfuscation;
7. Voluntary Surrender and Confession of Guilt;
8. Physical defects;
9. Illness of the offender;
10. Similar and analogous circumstances.

Two Classes of Mitigating Circumstances

1. Ordinary Mitigating Circumstance

- Ordinary mitigating circumstance can be offset by any aggravating
circumstance.

2. Privileged Mitigating Circumstance

- Privileged mitigating circumstance cannot be offset by any aggravating
circumstance.

Incomplete Justifying Circumstance

- Incomplete justifying circumstance applies when some, but not all
requisites necessary to justify the act or to exempt the accused from
criminal liability are attendant. It is required, however, that majority of
the requisites are present.

Effect if there is an incomplete circumstance

- If majority of the requisites of such circumstance are present, the
incomplete justification is a special or privileged mitigating circumstance,
which, not only cannot be offset by aggravating circumstances, but also
reduces the penalty by one or two degrees than that prescribed by law.
However, if only minority of the requisites is present, the incomplete
justification is considered an ordinary mitigating circumstance.

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What is needed for incomplete self-defense, defense of a relative, and
defense of a stranger to prosper?
- The presence of unlawful aggression is a condition sine qua non. There
can be no self-defense, complete or incomplete, unless the victim has
committed an unlawful aggression against the person defending himself.

Under 18 or over 70 years old

- The mitigating circumstance of “under 18” is deemed repealed by RA
9344. Under the said law, a child above 15 years of age but below 18
years of age shall be exempt from criminal liability unless he or she acted
with discernment.

- On the other hand, if such offender acted with discernment, such child
in conflict with law shall undergo diversion programs and will not resort
to formal court proceedings.

- The mitigating circumstance of old age applies only when the offender
was over 70 years old at the time of the commission of the offense.

No intention to commit so grave a wrong

- This mitigating circumstance is obtaining when there is notable disparity
between the means employed by the accused to commit a wrong and the
resulting crime committed. The intention of the accused at the time of
the commission of the crime is manifested from the weapon used, the
mode of attack employed and the injury sustained by the victim.

Sufficient Provocation or Threat

- When the law speaks of provocation either as a mitigating circumstance
or as an essential element of self-defense, the reference is to an unjust or
improper conduct of the offended party capable of exciting, inciting, or
irritating anyone. It is not enough that the provocative act be
unreasonable or annoying. The provocation must be sufficient to excite
one to commit the wrongful act and should immediately precede the act.

- The following are the requisites:

1. The provocation or threat must be from the offended party;
2. The provocation or threat must be sufficient or adequate to stir one to
commit the act; and
3. The provocation or threat must immediately precede the act.

Vindication of grave offense

- For this mitigating circumstance to be credited, the act should be
“committed in the immediate vindication of a grave offense to the one
committing the felony, his spouse, ascendants, descendants, legitimate,

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 natural or adopted brother or sisters, or relative by affinity within the
same degree”.
Passion or obfuscation
- It must be shown that:
1. An unlawful act sufficient to produce passion and obfuscation was
committed by the intended victim;
2. That the crime was committed within a reasonable length of time from
the commission of the unlawful act that produced the obfuscation in the
accused’s mind; and
3. That the passion and obfuscation arouse from lawful sentiments and not
from a spirit of lawlessness or revenge.

Rule on the length of time regarding obfuscation

- The act producing the obfuscation must not be far removed from the
commission of the crime by a considerate length of time, during which
the accused might have recovered his equanimity.

Surrounding circumstances that allow the circumstance of passion or

obfuscation
- The only causes which mitigate the criminal responsibility for the loss of
self-control are such that originate from legitimate feelings, not those
which arise from vicious, unworthy, and immoral passions.

Voluntary Surrender
- The following elements must be present:

1. The offender has not been actually arrested;

2. The offender surrendered himself to a person in authority or the latter’s
agent; and
3. The surrender must be voluntary.

- The surrender may be made even after the issuance of warrant of arrest
as long as the surrender is voluntary.

- What the law considers as mitigating is the voluntary surrender of an

accused before his arrest, showing either acknowledgment of his guilt or
an intention to save the authorities from trouble and expense that his
search and capture would require.

- Mere lack of resistance to the arrest is not voluntary surrender.

Voluntary Confession of Guilt

- The following must concur for voluntary plea of guilt be appreciated as a
mitigating circumstance:

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

Physical defects
- It must be shown that such physical defect limited his means to act,
defend himself or communicate with his fellow beings to such an extent
that he did not have complete freedom of action, consequently resulting
in diminution of the element of voluntariness.

Illness of the offender

- For illness of the offender be appreciated as a mitigating circumstance,
the following must be present:

1. The illness of the offender must diminish the exercise of his will-power;
2. Such illness should not deprive the offender of consciousness of his acts.

- It is mitigating because there is a diminution of intelligence and intent.

Similar and analogous circumstances

- Examples:

1. When the offender is over 60 years old with failing sight – similar to when
the offender is over 70 years old.
2. Voluntary restitution of stolen property – similar to voluntary surrender.

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