mitigating circumstance

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Art. 13, Revised Penal Code

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MITIGATING CIRCUMSTANCES : 

MITIGATING CIRCUMSTANCES Roderico Y. Dumaug, Jr.

Art. 13. Mitigating Circumstances : 

Art. 13. Mitigating Circumstances 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.

Basis: : 

Basis: Diminution of either freedom of action intelligence or intent or on the lesser perversity of the offender.

Art. 13 Mitigating Circumstances : 

Art. 13 Mitigating Circumstances Incomplete justifying or exempting circumstances. 2. Under 18, or over 18 years old 3. No intention to commit so grave a wrong 4. Provocation or threat 5. Vindication of grave offense 6. Passion or obfuscation 7. Surrender and confession of guilt 8. Physical defect of offender 9. Illness of the offender 10. Similar and analogous circumstances

2 KINDS OF M.C. : 

2 KINDS OF M.C. ORDINARY PRIVILEGED

ORDINARY M.C. : 

ORDINARY M.C. Incomplete justifying or exempting circumstances. 2. Under 18, or over 18 years old 3. No intention to commit so grave a wrong 4. Provocation or threat 5. Vindication of grave offense 6. Passion or obfuscation 7. Surrender and confession of guilt 8. Physical defect of offender 9. Illness of the offender 10. Similar and analogous circumstances

PRIVILEGED M.C. : 

PRIVILEGED M.C. ART. 64 – RULES FOR THE APPLICATION OF PENALTIES WHICH CONTAIN THREE PERIODS ART. 68 – PENALTY TO BE IMPOSED UPON A PERSON UNDER 18 YEARS OF AGE ART. 69 – PENALTY TO BE IMPOSED WHEN THE CRIME COMMITTED IS NOT WHOLLY EXCUSABLEBY REASON OF THE LACK OF SOME OF THE CONDITIONS REQUIRED TO JUSTIFY THE SAME OR TO EXEMPT FROM CRIMINAL LIABILITY IN THESEVERAL CASES MENTIONED IN ARTICLE 11 AND 12, PROVIDED THAT THE MAJORITY OF SUCH CONDITIONS BE PRESENT

1. Incomplete justifying or exempting circumstances : 

1. Incomplete justifying or exempting circumstances Applies, when all the requisites necessary to justify the act are not attendant. But in the case of “incomplete self-defense of a stranger”, unlawful aggression must be present, it being an indispensable requisite.

2. Under 18, or over 18 years old : 

2. Under 18, or over 18 years old It is the age of the age of the accused at the time of the commission of the crime which should be determined. His age at the time of the trial is immaterial.

3. No intention to commit so grave a wrong : 

3. No intention to commit so grave a wrong Rule for the application: Can be taken into account only when the facts proven show that there is a notable and evident disproportion between the means employed to execute the criminal act and its consequences. Intention may be ascertained by considering: a. the weapon used b. the part of the body injured c. the injury inflicted BASIS: intent is diminished

4. Provocation or threat : 

4. Provocation or threat PROVOCATION – any unjust or improper conduct or act of the offended party, capable of exciting, inciting or irritating any one. REQUISITES: a. The provocation must be sufficient b. It must originate from the offended party. c. The provocation must be immediate to the commission of the crime by the person who is provoked. The threat should not be offensive and positively strong. Otherwise, the threat to inflict injury is an unlawful aggression, which may give rise to self-defense.

5. Vindication of grave offense : 

5. Vindication of grave offense REQUISITES: a. that 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 within the same degrees; b. That the felony is committed in vindication of such grave offense. ”Immediate” allows for a lapse of time unlike in sufficient provocation, as long as the offender is still suffering from the mental agony brought about by the offense to him.

COMPARISON : 

COMPARISON

6. Passion or obfuscation : 

6. Passion or obfuscation It requires that: 1. The accused acted upon an impulse; 2. The impulse must be so powerful that it naturally produced passion or obfuscation in him. REQUISITES: 1. That there be an act, both unlawful and sufficient to produce such a condition of mind; 2. That said act which produced the obfuscation was not far removed from the commission of the crime by a considerable length of time, during which the perpetrator might recover his normal equanimity. A mitigating circumstance only when the same arose from lawful sentiments. BASIS: Loss of reasoning and self-control, thereby diminishing the exercise of his will power.

COMPARISON: : 

COMPARISON: PASSION/ OBFUSCATION Produced by an impulse which may be caused by provocation The offense need not be immediate. It is only required that the influence lasts until the moment the crime is committed PROVOCATION The provocation comes from the injured party Must immediately precede the commission of the crime.

7. Surrender and confession of guilt : 

7. Surrender and confession of guilt Requisites: 1.That the offender had not been actually arrested; 2. That the person surrendered himself to a person in authority or to the latter’s agent; 3. That the surrender was voluntary. WHEN SURRENDER VOLUNTARY: A surrender to be voluntary must be spontaneous, showing himself unconditionally to the authorities, either because: 1. he acknowledges his guilt; 2. he wishes to save them the trouble and expense necessary incurred in his search and capture. REQUISITES OF VOLUNTARY PLEA OF GUILTY: 1. That the offender spontaneously confessed his guilt. 2. That the confession of guilt was made in open court, that is, before the competent court that I to try the case; 3. That the confession of guilt was made prior to the presentation of the evidence for the prosecution. BASIS: lesser perversity of the offender.

8. Physical defect of offender : 

8. Physical defect of offender The physical defect must relate to the offense committed. BASIS: diminution of element of voluntariness.

9. Illness of the offender : 

9. Illness of the offender Requisites: 1. That the illness of the offender must diminish the exercise of his will-power. 2. That such illness should not deprive the offender of consciousness of his acts. Includes illness of the mind not amounting to insanity BASIS: diminution of intelligence and intent.

10. Similar and analogous circumstances : 

10. Similar and analogous circumstances Examples: 1. Impulse of jealousy, similar to passion and obfuscation. 2. Testifying for the prosecution, analogous to plea of guilty

Thank you for listening! : 

Thank you for listening! Jun Dumaug