MITIGATING CIRCUMSTANCES there was sufficient provocation on the part of Juan.

But since 2 elements are

present, it considered as privileged mitigating.
→ Definition – Those circumstance which reduce the penalty of a crime.
b. State of Necessity (par 4) avoidance of greater evil or injury: if any of the last
→ Effect – Reduces the penalty of the crime but does not erase criminal liability nor 2 requisites is absent, there is only an ordinary Mitigating Circumstance.
change the nature of the crime.
Example: While driving his car, Juan sees Pedro carelessly crossing the street. Juan
→ Kinds of Mitigating Circumstance: swerves to avoid him, thus hitting a motorbike with 2 passengers, killing them
instantly. Not all requisites to justify act were present because harm done to avoid
Privileged Mitigating Ordinary Mitigating injury is greater. Considered as mitigating.
Offset by any Cannot be offset by any Can be offset by a
aggravating aggravating generic aggravating c. Performance of Duty (par 5)
circumstance circumstance circumstance
Effect on the penalty Has the effect of If not offset, has the Example: Juan is supposed to arrest Pedro. He thus goes to Pedro’s hideout. Juan
imposing the penalty by effect of imposing the sees a man asleep. Thinking it was Pedro, Juan shot him. Juan may have acted in
1 or 2 degrees than that penalty in the minimum the performance of his duty, but the crime was not a necessary consequence thereof.
provided by law period Considered as mitigating.
Kinds Minority, Incomplete Those circumstances
Self-Defense, two or enumerated in
more mitigating paragraph 1 to 10 of
circumstances without Article 13 EXEMPTING CIRCUMSTANCE
any aggravating
circumstance (has the a. Minority over 9 and under 15 – If minor acted with discernment, considered
effect of lowering the mitigating.
penalty by one degree)
Example: 13-year-old stole goods at nighttime. Acted with discernment as shown by
the manner in which the act was committed.
Article 13.
b. Causing injury by mere accident – If 2nd requisite (due care) and 1st part of
1. Those mentioned in the preceding chapter, when all the requisites 4th requisite (without fault – thus negligence only) are ABSENT, considered as
necessary to justify the act or to the exempt from criminal liability in the mitigating because penalty is lower than that provided for international felony.
respective cases are not attendant.
Example: Police officer tries to stop a fight between Juan and Pedro by firing his gun
→ Justifying Circumstances in the air. Bullet ricocheted and killed Petra. Officer willfully discharged his gun but
was unmindful of the act that area was populated.
a. Self-defense/defense of relatives/defense of stranger – unlawful
aggression must be present for Art 13 to be applicable. Other 2 elements not c. Uncontrollable Fear – Only one requisite present, considered mitigating.
necessary. If 2 requisites are present – considered a privileged mitigating
circumstance. Example: Under threat that their farm will be burned, Pedro and Juan took turns
guarding it at night. Pedro fired in the air when a person in the shadows refused to
Example: Juan makes fun of Pedro. Pedro gets pissed off, gets knife and tries to stab reveal his identity. Juan was awakened and shot unidentified person. Turned out to
Juan. Juan grabs his own knife and kills Pedro. Incomplete self-defense because be a neighbor looking for his pet. Juan may have acted under the influence of fear,
although there was unlawful aggression and reasonable means to repel was taken, but such fear was not entirely uncontrollable. Considered mitigating.
2. That the offender is under 18 years of age or over 70 years. In the case of Example: As a part of fun-making. Juan merely intended to burn Pedro’s clothes.
a minor, he shall be proceeded against in accordance with the provisions of Pedri received minor burns, Juan is charged with physical injuries. Had Pedro died,
Art 192 of PD 903. Juan would be entitled to the mitigating circumstance.

→ Applicable to: → Judge by considering (1) the weapon used, (2) the injury inflicted and (3) the
attitude of mind when the accused attacked the other.
a. Offender over 9, under 15 who acted with discernment.
Example: Pedro stabbed Tomas on the arm. Tomas did not have the wound treated,
b. Offender over 15, under 18 so he died from loss of blood.
c. Offender over 70 years

→ Age of accused which should be determined as his age as the date of commission 4. That the sufficient provocation or threat on the part of the offended
of crime, no date of trial. party immediately preceded the act.

→ Various Ages and their Legal Effects → Provocation – any unjust or improper conduct or act of the offended party,
capable of exciting, inciting or irritating anyone.
a. under 9 – exempting circumstance
→ Basis: diminution of intelligence and intent.
b. over 9, below 15 – exemptive: except if acted with discernment.
→ Requisites:
c. minor delinquent under 18 – sentence may be suspended (PD 603)
a. Provocation must be sufficient.
d. under 18 – privileged mitigating circumstance
Example: Juan likes to hit and curse his servant. His servant thus killed him.
e. 18 and above – full criminal liability
There’s mitigating circumstance because of sufficient provocation.
f. 70 and above – mitigating circumstance: no imposition of death penalty:
execution of death sentence if already imposed is suspended and commuted. b. It must originate from the offended party.

1. Why? Law says the provocation is “on the part of the offended party.”
3. That the offender had no intention to commit so grave a wrong as that 2. Example: Tomas’ mother insulted Petra. Petra kills Tomas because of the
committed (praeter intentionem) insults. No Mitigating Circumstance because it was the mother who insulted her, not
Tomas.
→ Can be used only when the facts prove to show that there is a notable and evident
disproportion between means employed to execute the criminal act and its c. Provocation must be immediate to the act., i.e., to the commission of the crime by
consequences. the person who is provoked.
→ That the offender had no intention to commit so grave a wrong as that
committed. (Art 13, Par. 3) This is the effect of praeter intentionem. This mitigating
circumstance applies only to offenses resulting in physical or material harm and not
to slander. Neither does it apply to cases of imprudence, nor in cases of
unintentional abortion.
5. That the act was committed in the immediate vindication of a grave
offense to the one committing the felony (delito), his spouse, ascendants,
descendants, legitimate, natural or adopted brother or sisters, or relatives
by affinity within the same degree.
1. Lapse of time is allowed between the vindication and the one doing the
offense (proximate time, not just immediately after)
→ There could have been no Mitigating Circumstance of P&O when more than 24
hours elapsed between the alleged insult and the commission of the felony, or
several hours have passed between the cause of the P&O and the commission of the
crime, or at least ½ hours intervened between the previous fight and subsequent
killing of deceased by accused.

2. Example: Juan caught his wife and his friend in a compromising situation. 7. That the offender had voluntarily surrendered himself to a person in
Juan kills his friend the next day – still considered proximate. authority or his agents, or that he had voluntarily confessed his guilt
before the court prior to the presentation of the evidence for the
PROVOCATION VINDICATION prosecution.
Made directly only to the person Grave offense may be also against the
committing the felony offender’s relatives mentioned by law → 2 Mitigating Circumstances present:
Cause that brought about the Offended party must have done a
provocation need not to be grave grave offense to the offender or his a. Voluntarily surrendered.
offense relatives
Necessary that provocation or threat May be proximate. Time interval b. Voluntarily confessed his guilt.
immediately preceded the act. No time allowed
interval → If both are present, considered as 2 independent mitigating circumstances,
Mitigate penalty to a greater extent.

6. That of having acted upon an impulse so powerful as naturally to have → Surrender must be spontaneous – shows his interest to surrender unconditionally
produced passion or obfuscation. to the authorities.

→ Passion and Obfuscation is mitigating: when there are causes naturally producing → Surrender of a person required. Not just of weapon.
in a person powerful excitement, he loses his reason and self-control. Thereby
dismissing the exercise of his will power.
8. That the offender is deaf and dumb, blind or otherwise suffering from
→ Passion and Obfuscation are mitigating circumstances only when the same arise
some physical defect w/c thus restricts his means of action, defense or
from lawful sentiments (not mitigating circumstances when done in the spirit of
communication w/ his fellow beings.
revenge or lawlessness)
→ Basis: One suffering from physical defect which restricts him does not have
→ Example: Juan saw Tomas hitting his (Juan) son. Juan stabbed Tomas. Juan is
complete freedom of action and therefore, there is diminution of that element of
entitled to Mitigating Circumstances of P&O as his actuation arose from a natural
voluntariness.
instinct that implies a father to rush to the rescue of his son.
→ No distinction between educated and uneducated deaf-mute or blind persons.
→ The exercise of a right or a fulfillment of a duty is not the proper source of P&O.

Example: A policeman arrested Juan as he was making a public disturbance on the

streets. Juan’s anger and indignation resulting from the arrest can’t be considered
passionate obfuscation because the policeman was doing lawful act.
9. Such illness of the offender as would diminish the exercise of the THE 21 AGGRAVATING CIRCUMSTANCES
willpower of the offender w/o depriving him of consciousness of his acts.
1. Advantage of public position
→ Basis: Diminution of intelligence and intent
2. In contempt or with insult to public authorities
→ When the offender completely lost the exercise of willpower, it may be an
exempting circumstance. 3. Disrespect on the rank, age, sex of the offended party; the crime is committed in
the dwelling of offended party

4. Abuse of confidence or obvious ungratefulness

10. Add any other circumstance of a similar nature and analogous to those
above-mentioned 5. Palace of the Chief Executive, or in his presence, or place where authorities
discharge their duties, or place of religious worship
→ Examples of “any other circumstance”:
6. Nighttime, uninhabited place, band
a. Defendant who is 60 years old with failing eyesight is similar to a case of one
over 70 years old. 7. On occasion of conflagration, shipwreck, etc.

b. Outraged feeling of owner of animal taken for ransom is analogous to 8. Aid of armed men
vindication of grave offense.
9. Recidivist
c. Impulse of jealous feeling, similar to Passion and Obfuscation
10. Reiteration
d. Voluntary restitution of property, similar to voluntary surrender.
11. Price, reward or promise
e. Extreme poverty, similar to incomplete justification based on state of
12. Inundation, fire, poison, etc.
necessity.
13. Evident Premeditation

14. Craft, fraud or disguise

AGGRAVATING CIRCUMSTANCES
15. Superior strength or means to weaken defense
Aggravating Circumstances – are those which if attendant in the commission of
the offense, would serve to increase the penalty. 16. Treachery

17. Ignominy

18. Unlawful entry

19. Wall, roof, floor be broken

20. Aid of persons under 15, motor vehicle

21. Cruelty
 DISTINCTION BETWEEN MITIGATING AND AGGRAVATING
CIRCUMSTANCES
MITIGATING CIRCUMSTANCES
Includes analogous circumstances –
showing liberality of the law in favor of
the accused.
May lower the penalty by degrees
A matter of defense which does not
alleged in the information.
AGGRAVATING CIRCUMSTANCES
Exclusive to the curtail discretion of
the judge to determine what other
circumstances may increase the
penalty.
Increases penalty to the maximum
Must be alleged in the information
before they can be appreciated in
court.
PUBLIC AUTHORITY
→ Covers not only persons in authority buy also agents of person in authority and
other public officers. (Rodriguez, 18 Phil. 150)
→ Public School Teachers is now considered a person in authority (under CA 578
amending Art. 152)
So is the:
1. Town Municipal Health Officer or a Nurse
2. Municipal Councilors

3. Agent of the Bureau of Internal Revenue

1. That advantage be taken by the Taking advantage of public position
offender of his public position “Did the accused abuse his office in
order to commit the crime?” – If “yes”
then this circumstances is present. 3. That the act be committed with Disregard of rank, age, sex and
(Sanchez vs. Demetriou) insult or in disregard of the offended dwelling of victim.
It is considered present when the party on account of his rank, age, or
offender falsifies a document in sex, or that is be committed in the
connection with the duties of his office dwelling of the offended party, if the
which consist of either making or latter has not given provocation.
preparing or other intervening in the
document.
AGE, SEX, RANK AND DWELLING
The accused use his service firearm to shoot the victim should not be considered as → There must be proof that the offender deliberately intended to offend or insult the
taking advantage of public position. For such to be considered aggravating, the offended. Thus, circumstance cannot co-exist with passion and obfuscation because
public official must use the influence, prestige, and ascendancy which his office here the offender lost his control or reason.
gives him in realizing his purpose. (PP vs Amion)
→ Rank should be given plain, ordinary meaning hence refers to high social position
2. That the crime be committed in Contempt of authorities Requisites: or standing.
contempt or with insult to the public 1. The public authority is engaged in
authorities. the discharge of his duties. → Dwelling includes dependencies, staircase and enclosures under the house. Not
2. Offender knows the identity of necessarily the house be owned by the offended. It is exclusively used for rest or
public authority comfort.
3. The crime was committed in his
presence. (It must not be against the
person in authority for then the crime
would be direct assault and these
circumstances will be being inherent
therein.
 4. That the act be committed with
abuse of confidence or obvious
ungratefulness.
5. That the crime be committed in the
palace of the Chief Executive or in his
presence, or where public authorities
are engaged in the discharge of their
duties or in a place dedicated to
religious worship.
6. That the crime be committed in the
nighttime, or in an uninhabited place,
or by a band, whenever such
circumstances may facilitate the
commission of the offense.
Abuse of confidence or obvious
ungratefulness Requisites:
1. Offended had trusted the offender
2. Offender abused such trust
3. Such abuse of confidence facilitated
commission of the crime
NOTE: The confidence between
parties must be immediate and
personal.
Palace or President, public places or
those dedicated to worship.
Nighttime, uninhabited place and band
Uninhabited Place – One where
there are no houses or where the
houses are scattered at a great
distance from each other.
Band – Whenever more than three
armed malefactors shall have acted
together in the commission of an
offense, it shall be deemed to have
been so committed by a band.
FOUR FORUMS OF REPETITION
9. That the accused is a recidivist.
Requisites:
1. That the offender is on trial for an
offense
2. That he was previously convicted by
final judgment of another crime
3. That both the first and the second
offenses are embraced in the same title
of the Code
4. That the offender is convicted of the
new offense
10. That the offender has been
previously punished by an offense to
which the law attaches an equal or
greater penalty or for two or more
crimes to which it attaches a lighter
penalty.
Recidivism
Recidivist – One who at the time of
his trial for one crime, shall have been
previously convicted by final judgment
of another crime embraced in the same
title of the Revised Penal Code
Reiteracion or Habituality
Requisites:
1. That the accused is on trial for an
offense
2. That he previously served sentence
for another offense to which the law
attaches an equal or greater penalty, or
for two or more crimes to which it
attaches lighter penalty than that for
the new offense
3. That he is convicted to a new
offense

Q: When is nighttime, uninhabited place and band aggravating? 1. Recidivism

A: 1. When the offender took advantage thereof for the purpose of impunity 2. Reiteracion or Habituality

2. When specially sought for by the offender to insure the commission of the 3. Multi-recidivism or Habitual delinquency
crime.
4. Quasi-recidivism
3. When it facilitated the commission of the crime.
RECIDIVISM AND REITERACION
7. That the crime be committed on the Taking advantage or calamity,
occasion of a conflagration, shipwreck, disaster. Reiteracion – Must have served out his sentence for the first conviction; previous
earthquake, epidemic or other calamity and subsequent offense must not be embraced within the same title of the RPC.
or misfortune.
8. That the crime be committed with Aid of armed men Recidivism – Only a final judgment is needed and both offenses must be embraced
the aid of armed men or persons who within the same title of the RPC.
insure or afford impunity.
Quasi-Recidivist – Is a person shall commit a felony after having been convicted
by final judgment for another crime before beginning the service of such sentence or
while serving the same.
4 REPETITIOUS OFFENDERS
EVIDENT PREMEDITATION
Evident Premeditation – It involves a determination to commit the crime prior to
the moment of its execution and also to carry out the criminal intent which must be
the result of deliberate, calculated and reflective thoughts through a period of time
sufficient to dispassionately consider and accept the consequences thereof
indicating greater perversity.

RECIDIVIST REITERACION HABITUAL QUASI Q: What are the requisites of evident premeditation?
OR DELINQUENT RECIDIVIST/MULTI
HABITUALITY RECIDIVIST A: 1. The time when the offender determined to commit the crime.
One who at the He is an offender Within (10) ten A person after having
time of his trial who has been years the been convicted shall 2. An act manifestly indicating that the culprit has clung to his determination.
for one crime, previously accused is commit another felony
shall have been punished for: convicted of while serving his 3. A sufficient lapse of time between the determination and execution, to allow
previously robbery, theft, sentence. him to reflect upon the consequences of his act and to allow his conscience to
convicted by An offense to estafa, overcome the resolution of his will.
final judgment which the law falsification,
of another attaches an serious or less 14. That the craft, fraud, or disguise be Craft, fraud, disguise
crime equal or greater serious physical employed.
embraced in penalty or for injuries is found
the same title two or more guilty of any of
of the Revised crimes to which the said crime CRAFT, DEFINED
Penal Code. it attaches a for the third
lighter penalty. time or oftener. Craft – Is a circumstance characterized by trickery or cunning resorted to by the
accused, to carry out his design. It is the use intellectual trickery and cunning on the
part of the accused.
11. That the crime be committed in Price, reward, promise
consideration of a price, reward, or “ASTUCIA”
promise.
12. That the crime be committed by Fire, poison, and other great wastes FRAUD, DEFINED
means of inundation, fire, poison, and ruins.
explosion, stranding of a vessel or Fraud – Insidious words or machinations used to induce the victim to act in a
international damage thereto, manner which would enable the offender to carry out his design.
derailment of a locomotive, or by the
use of any other artifice involving great “FRAUDE”
waste and ruin.
DISGUISE, DEFINED
13. That the act be committed with Evident premeditation.
evidence premeditation.
Disguise – It involves the deliberate effort of the accused to conceal his identity in
the commission of the crime.

“DISFRAZ”
 15. That advantage be taken of
superior strength, or means be
employed to weaken the defense.
16. That the act be committed with
treachery (alevosia)
Advantage of superior strength, CRUELTY, DEFINED
weakening of defense.
Cruelty – A circumstance whereby the offender enjoys and delights in making his
Treachery or Alevosia victim suffer slowly and gradually, causing hum unnecessary physical pain in the
consummation of his criminal act.

“ENSANAMIENTO”
TREACHERY OR ALEVOSIA

There is treachery when the offender commits any if the crimes against the person,
employing means, methods or forms in the execution thereof which tend directly AID OF PERSONS WHO INSURE OR AFFORD IMPUNITY
and specially to insure its execution, without risk to himself arising from the defense
Q: Robber X and Robber Y robbed a certain village upon the assurance of the
which the offended party might make.
barangay tanod that they would not patrol the village on that night. What
17. That means be employed or Ignominy aggravating circumstance is present?
circumstances brought about which
add ignominy to the natural effects of A: Aid of persons who insure impunity
the act.

FOUR KINDS OF AGGRAVATING CIRCUMSTANCE

IGNOMINY, DEFINED
→ Generic – generally applies to all crimes.
Ignominy – Is a circumstance pertaining to the moral order, which adds disgrace
and obloquy to the material injury caused by the crime. It is a circumstance that → Inherent – that must necessarily accompany the commission of a crime.
tends to make the effects of the crime more humiliating, thus adding to the victim’s
moral sufferings. → Qualifying – that which changes the nature of the crime.

18. That the crime be committed after Unlawful entry → Specific – those that apply only to a particular crime.
an unlawful entry.
19. That as a means to the commission Broken wall, roof, floor, or window.
of the crime a wall, roof, floor, door, or
window be broken.
20. That the crime be committed with Help of person underage, motor
the aid of persons under fifteen years vehicle
of age or by means of motor vehicles,
motorized watercraft, airships, or other
similar means.
21. That the wrong done in the Cruelty
commission of the crime be
deliberately augmented by causing
other wrong not necessary for its
commissions.