CIRCUMSTANCES AFFECTING

CRIMINAL LIABILITY
A R T. 1 3 – M I T I G AT I N G C I RC U M STA N C E S
Mitig a ting Circ ums ta nc e s
Kinds of Mitigating Circumstances –

▪ Ordinary – those provided under Art. 13, the effect is to impose a divisible
penalty in its minimum period

▪ Privileged – those provided in Art. 68 (minority) and Art. 69 (crime not

wholly excusable), effect is to lower the penalty by degree
Mitig a ting Circ ums ta nc e s
Distinctions –

▪ Ordinary can be offset by aggravating circumstance, while privileged

can’t be offset (see Art. 64)

▪ Ordinary if not offset has effect of applying minimum period of a divisible

penalty, while privileged leads to lowering of penalty by degree

Extenuating circumstances – instances which reduce penalty not

included in Art. 13
Mitig a ting Circ ums ta nc e s
Par. 1 – Incomplete Justifying or Exempting circumstance

The requisites to justify or exempt are not complete, but one requisite
is present

In self-defense, defense of relative and defense of stranger, Unlawful aggression

should be present to constitute a mitigating circumstance under Art. 13, par. 1

If majority of requisites are present, it’s a privileged mitigating circumstance

under Art. 69
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Par. 2 – repealed by RA No. 9344 as to minority, but still applicable
regarding senility

Senility – person is over 70 years old at time of commission of crime

Par. 3 – Praeter intentionem or lack of intention to commit so grave

a wrong

Intention being an internal act is judged or determined by

external actions of the person
Mitig a ting Circ ums ta nc e s
Par. 3 – Praeter intentionem or lack of intention to commit so grave
a wrong

The weapon used, part of the victim’s body injured, nature of wound inflicted
and manner of inflicting may prove that accused intended the wrong done

Praeter intentionem can’t be appreciated as mitigating circumstance if the acts

done by accused are sufficient to produce death of victim
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Par. 4 – Sufficient provocation or threat on part of victim immediately
preceded the act

Requisites –

1. Provocation must be sufficient

2. It must come from victim
3. Provocation must be immediate to the act committed by accused

In self-defense, there should be no sufficient provocation coming from accused, while

as a mitigating circumstance, the accused must have acted due to the sufficient
provocation coming from victim
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Par. 4 – Sufficient provocation or threat on part of victim immediately
preceded the act

There’s provocation but no mitigating circumstance -

1. The provocation is not sufficient

2. The sufficient provocation did not come from victim
3. The act of accused was not immediate to the provocation
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Par. 5 – Immediate vindication of grave offense

Requisites –

1. A grave offense was committed against the accused, his spouse, ascendants,
descendants, legitimate/natural/adopted brothers or sisters, or relatives
by affinity within same degree

2. Accused committed the felony in (proximate) vindication of the grave offense

Mitig a ting Circ ums ta nc e s
Par. 5 – Immediate vindication of grave offense

Unlike in acting due to sufficient provocation, in par. 5, a lapse of time is

allowed, as long as the felony committed, which is in vindication of grave offense,
is proximate to said grave offense, meaning, the accused was still suffering
from the mental agony brought by the offense to him

Offense is no longer proximate if sufficient time has lapsed, enough for

accused to recover his serenity or equanimity
Mitig a ting Circ ums ta nc e s
Par. 5 – Immediate vindication of grave offense

Grave offense need not be a crime, it may be an act or event which offends the accused
causing him mental agony and compels him to vindicate himself of such offense,
like eloping with the daughter of accused

Par. 6 – Acting due to passion or obfuscation

Requisites –

1. Accused acted on an impulse

2. The impulse must be so powerful so as to produce passion or obfuscation
on the part of accused
Mitig a ting Circ ums ta nc e s
The passion or obfuscation must arise from lawful sentiments to be a mitigating
circumstance

There should be no sufficient lapse of time between cause of passion or

obfuscation, and act of offender

Par. 7 – Voluntary surrender or confession of guilt

Requisites of voluntary surrender -

1. Accused not actually arrested

2. Accused surrendered to person in authority or his agent
3. The surrender was voluntary
Mitig a ting Circ ums ta nc e s
It’s not required that surrender should be prior to issuance of Warrant of Arrest;
even if there’s pending Warrant of Arrest, accused may still be entitled to
mitigating circumstance if he voluntarily surrenders

Requisites of confession of guilt –

1. Accused spontaneously confessed guilt

2. Confession is made in open court or in course of judicial proceedings
3. Confession is made prior to presentation of evidence for prosecution
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Plea of guilt must be done at the earliest opportunity

Plea of guilt must be unconditional and to the offense charged, not a plea
to lesser offense

Par. 8 – Offender is deaf and dumb, blind or suffering from some physical
defect restricting his means of action, defense or communication

Reason for being mitigating – law considers accused as not having complete
freedom of action and there’s diminution of element of voluntariness
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Par. 9 – Offender suffers from other illness which diminishes exercise of
will power without depriving him of consciousness of his acts

There’s diminution only of will power, not complete deprivation, otherwise it

may be exempting circumstance

Example – behavioral disorder, feeble-mindedness, psychosis

Mitig a ting Circ ums ta nc e s
Par. 10 – Other circumstance of similar nature and analogous to the mitigating
circumstances

Example – 60 years old with failing eyesight, feeling of an outraged creditor

similar to one acting under passion/obfuscation, jealousy similar to passion/
obfuscation, voluntary return of stolen property similar to voluntary surrender,
extreme poverty analogous to state of necessity

Unlike in aggravating circumstances, there’s analogous circumstances

in mitigating circumstances