Mitigating Circumstances Article 13 RPC Notes

Complete Defenses in Criminal Cases

- Person over 15 but under 18 years of age who acted with discernment (penalty shall be decreased by one period amended by R.A. 9344)

1. Essential elements of the crime were not proved by the prosecution b. Art. b. Art. 69 Penalty to be imposed imposed when the crime crime committed committed 2. Justifying Circumstances (Art. 11)

is not wholly excusable

3. Exempting Circumstances (Art. 12)

- Lack of the conditions required in justifying and exempting circumstances (penalty lower by one or two degrees than

4. Case is covered by any absolutory cases

what is provided by law)

(Articles 6, 7, 20, 124, 280, 332, 247, 344 & Instigation) 5. Guilt of the accused is not proved beyond reasonable doubt

c. Art. c. Art. 64 Rules Rules on the applica application tion of penalties penalties which contain contain three periods

6. Prescription of crimes (Art. 89)

- Two mitigating circumstances are present and no

7. Pardon by the offended party before the institution of

aggravating circumstances (penalty next lower to what is

criminal action in crime against chastity (Art. 344)

prescribed by law)

[The Revised Penal Code, Luis Reyes, 2012 ed.; pp260-261)

1 and 2 of Article 13 - PM

Mitigating Circumstance

Specific Privileged Mitigating Circumstance [PM applicable only to certain crimes] - Slight Illegal Detention: Voluntary release of a person

- the offender commits a crime

detained within 3 days before the institution of a criminal - there is criminal liability

actions (Art. 268 (3))

- if present, the effect is to reduce penalty

- Abandonment in Adultery (Art. 333 (3)

- does not change the nature of the crime

- Intent to Conceal the Dishonor in Infanticide (Art. 255)

Basis: Diminution of either freedom of action, intelligence, or

Art. 64 –  64 –  Special  Special Mitigating Circumstance

intent, or on the lesser perversity of the offender (presence of two mitigating circumstances without the presence of aggravating circumstance –  circumstance –  effect:  effect: reduces the penalty to one degree lower)

Classes of Mitigating Circumstances

Distinction:

1. Ordinary Mitigating

Ordinary Mitigating

- those enumerated in Article 13 of RPC (3-10)

- CAN be offset by any aggravating circumstance - produces the effect of lowering the penalty to its minimum

2. Privileged Mitigating

(when not offset by aggravating circumstance)

a. Art. 68 Penalty to be imposed upon a person under eighteen years of age

The Law Chic | www.thelawchic.com Taken from The Revised Penal Code Criminal Law by Luis B. Reyes Book One (2008 ed.)

Privileged Mitigating

d. Incomplete justifying circumstance of obedience to an order

- CANNOT be offset by any aggravating circumstance - produces the effect of lowering the penalty by one or two degrees

2. Under Eighteen or Over Seventy Years Old

1. Incomplete Justifying or Exempting Circumstances

- impliedly repealed by R.A. 9344

Justifying and Exempting Circumstances (may give place to

Elements:

motivation) a. the minor is above 15 but under 18 years of age - Self-defense b. such minor acted with discernment - Defense of relatives - Defense of stranger Penalty: Diversion program (program that a child in conflict - State of necessity

with the law is required to undergo after he or she is found responsible for an offense)

- Performance of duty - Obedience to order of superior Contract of diversion  –   entered into during conferencing, - Minority over 9 and under 15 years of age

mediation and conciliation

- Causing injury Over 70 years of age –  ordinary mitigating circumstance Requisites necessary to justify the act are not attendant: Basis: Diminution of intelligence (condition of voluntariness) a. Incomplete self-defense, defense of relatives and defense of strangers 3. No Intention to Commit So Grave a Wrong -

applies

only

when

there

is

unlawful

aggression

(indispensable) and other two requisites are absent Intention  –   an internal state; must be judged by external acts; may be judged by the weapon used, the injury b. Incomplete justifying circumstance of avoidance of

inflicted and the manner inflicted

greater evil or injury - first requisite (evil sought to be avoided actually exist) but other two requisites are absent

Notes: - When the offender uses brute force, there is intent to kill.

c. Incomplete justifying circumstance of performance of

- Lack of intent to kill in physical injuries is not mitigating.

duty - Landmark case: People vs. Oanis (Balagtas was killed by the accused. They latter acted in performance of a duty *to arrest Balagtas* but they exceeded in the fulfillment of such duty)

Not applicable to: a. culpable felonies b. felonies where intention is not material

The Law Chic | www.thelawchic.com Taken from The Revised Penal Code Criminal Law by Luis B. Reyes Book One (2008 ed.)

c. felonies not resulting to physical injuries or material harm d. anti-hazing law

Note: A lapse of time is allowed between the vindication and the doing of the grave wrong (proxima). It must be shown that there was no interruption from the time the offense was committed to the vindication thereof. If the

4. Provocation or Threat 

person has sufficient time to recover his or her serenity, then there is no mitigating circumstance of vindication of grave offense.

Provocation  –   unjust or improper conduct or act of the offended party, capable of exciting, inciting or irritating any one

Distinction between provocation and vindication:

Requisites:

Provocation

a. sufficient provocation  –   adequate to excite a person to commit the wrong

- made directly to the person committing the felony - the cause that brought the provocation need not to be a

b. must originate from the offended party

grave offense

c. the provocation was immediate to the act (no time interval)

Note: There is no mitigating circumstance when the deceased was killed after he had fled. (Two stages)

- must immediately precede the act

Vindication - may be committed also against offender’s relatives - offended party must have done a grave offense to the person committing the felony or his relatives

Basis: Diminution of intelligence and intent

- may be proximate (time interval allowed)

Grave offenses (concerns the honor of the person)

Requisites of sufficient threat: a. there must be a threat on the part of the offended party

- killing of a relative - sarcastic remark (calling the offender as tyrant)

b. must be sufficient c. must immediately precede the criminal act committed by the offender

Landmark case: U.S. vs. Ampar (G.R. No. 12883 / p. 283, 2008 ed.)

5. Vindication of Grave Offense Basis: Diminution of the conditions of voluntariness Requisites: a. there be a grave offense done to the one committing the felony, his spouse, ascendants, descendants, legitimate, natural or adopted brothers or sisters, or relatives by affinity

Note: - Vindication of a grave offense and passion or obfuscation cannot be counted separately and independently

within the same degree b. felony is committed in the vindication of the grave offense

The Law Chic | www.thelawchic.com Taken from The Revised Penal Code Criminal Law by Luis B. Reyes Book One (2008 ed.)

6. Passion or Obfuscation

Distinction between passion or obfuscation and irresistible force:

- the accused acted upon an impulse Passion or obfuscation -impulse must be so powerful that it naturally produced passion or obfuscation in him

- mitigating circumstance - cannot give rise to irresistible force

Reason why it is mitigating: Passion and obfuscation make a

- is in the offender himself

person lose his self-control which diminishes the exercise of - arise from lawful sentiments

his will power

Irresistible force

Requisites: a. the victim committed an unlawful and unjust act which produced passion or obfuscation

- exempting circumstance - requires physical force

b. passion must arise from lawful sentiments (not from spirit of lawlessness or revenge) c. passion and obfuscation caused lost of control and

- must come from a third person - unlawful

reason on the part of the person who committed the felony (offender) Distinction d. there is no sufficient time for the offender to recover his

between

passion

or

obfuscation

and

provocation:

normal equanimity Passion or obfuscation - produced by an impulse which may be caused by Note:

provocation

- There is no passion or obfuscation if half an hour, twenty

- must immediately precede the commission of the crime

four hours or several hours have passed. - Vengeance is not a lawful sentiment. Provocation - Vindication of grave offense cannot co-exist with passion and obfuscation.

- comes from the injured party

- Passion and obfuscation cannot co-exist with: treachery,

- the office which engenders perturbation of mind need not

evident pre-meditation

be immediate

Landmark case:

7. Surrender and Confession of Guilt 

- U.S. vs Hicks (14 Phil. 217 / p. 290, 2008 ed.) The accused killed the deceased

(common-law wife) because of

 jealousy. There is no mitigating circumstance because the lose of self-control did not arise from legitimate feelings.

Two mitigating circumstances: a. voluntary surrender to a person in authority or his agents b. voluntary confession before the court prior to the

Basis: The offender suffers a diminution of his intelligence and

presentation of evidence for the prosecution

intent.

The Law Chic | www.thelawchic.com Taken from The Revised Penal Code Criminal Law by Luis B. Reyes Book One (2008 ed.)

Requisites of voluntary surrender:

8. Physical Defect 

a. offender had not been actually arrested b. offender surrendered himself to a person in authority or

- deaf and dumb; blind

to latter’s agent - must restrict means of action, defense or communication c. surrender was voluntary

with fellow beings

Voluntariness

Basis: Diminution of that element of voluntariness

- spontaneous (acting without stimulus) - the accused surrendered unconditionally to the authorities

9. Illness of the Offender 

or their agents because a. he acknowledges his guilt; or - refers only to disease of pathological state that trouble the b. he wishes to save the authorities and their agents the

conscience or will

trouble and expenses necessarily incurred in the search and capture

- includes to illness of the mind and disorders

Note:

Requisites:

- Surrender of weapon cannot be equated with voluntary

a. illness of the offender must diminish the exercise of his will-

surrender.

power b.

such

illness

should

not

deprive

the

offender

of

consciousness of his acts Person in authority - a public officer who has the power to govern and execute Basis: Diminution of intelligence and intent

the laws (see Art, 152 of RPC)

10. Similar and Analogous Circumstances

Requisites of plea of guilty: a. offender spontaneously confessed his guilt b. confession of guilt was made in an open court

- Over 60 years old with failing eyesight  –   similar to over 70

(extrajudicial confession not allowed)

years of age mentioned in par. 2

c. confession of guilt was made prior to the presentation of

- Impulse of jealous feeling  –   similar to passion and

evidence for the prosecution (court of first instance:

obfuscation

municipal court)

- Outraged feeling of creditor  –   similar to passion and obfuscation - Manifestations of Battered Woman Syndrome  –   analogous

Basis: Lesser perversity of the offender

to an illness that diminishes the exercise of will power - Esprit de corps –  similar to passion or obfuscation When is plea of guilty not mitigating? When the three requisites are not complete, in culpable felonies and in

- Voluntary restitution of stolen property  –  similar to voluntary

crimes punished by special laws.

surrender - Extreme poverty and necessity  –   similar to incomplete  justification based on state of necessity

The Law Chic | www.thelawchic.com Taken from The Revised Penal Code Criminal Law by Luis B. Reyes Book One (2008 ed.)

What are NOT mitigating: - killing the wrong man - not resisting arrest or yielding to arrest without the slightest attempt to resist

Circumstances which are neither exempting nor mitigating: a. mistake in the blow (aberratio ictus) b. mistake in the identity of the victim c. entrapment of the accused d. accused is over 18 years of age e. performance of a righteous action

 ____________________ Notes compiled by The Law Chic. Taken from The Revised Penal Code Criminal Law by Luis B. Reyes (Book One) –  2008 ed.

The Law Chic | www.thelawchic.com Taken from The Revised Penal Code Criminal Law by Luis B. Reyes Book One (2008 ed.)