WHEN

Article 15

IS

IT

MITIGATING

AND

WHEN

IS

IT

AGGRAVATING (RELATIONSHIP)

Alternative Circumstances

The law is silent as to when relationship is mitigating

Their concept. Alternative circumstances are those which

and when it is aggravating

Mitigating:
1) Crimes against property

must be taken into consideration as aggravating or

mitigating according to the nature and effects of the crime
and the other conditions attending its commission. They are
the relationship, intoxication and the degree of instruction
and education of the offender.

2)

The alternative circumstance of relationship shall be taken

into consideration when the offended party in the spouse,

Robbery
Usurpation
Fraudulent insolvency
Arson
Trespass to dwelling

Where the offended party is a relative of higher

degree than the offender or

When the offender and the offended party are

Crimes against persons

ascendant, descendant, legitimate, natural, or adopted

relatives of the same level, as killing a brother, a

brother or sister, or relative by affinity in the same degrees of

the offender.
The intoxication of the offender shall be taken into

consideration as a mitigating circumstances when the

injuries or slight physical injuries

Aggravating when:
1) Crimes against persons:
-

When the offended party is of a lower degree to

that of the accused

Homicide or murder

offender has committed a felony in a state of intoxication, if

the same is not habitual or subsequent to the plan to commit

2)

said felony but when the intoxication is habitual or

intentional, it shall be considered as an aggravating
circumstance

a)

Relationship
Intoxication
Degree of instruction and education of the offender

taken into consideration when the offended party is

e)

1)
2)

If Intoxication is not habitual

If intoxication is not subsequent to the plan to commit a
felony

The alternative circumstance of relationship shall be

the
a) Spouse
b) Ascendant
Includes step mother/father
c) Descendant
Includes step children
d) Legitimate, natural, or adopted brother or sister

Mitigating

PROOF TO BE SHOWN

RELATIONSHIP
-

Crimes against chastity

INTOXICATION

ALTERNATIVE CIRCUMSTANCES
1)
2)
3)

brother-in law, a half-brother or adopted brother.

But only when the crime is less serious physical

b)

a) At the time of the commission of the

criminal act, he has taken such quantity of
alcoholic drinks as to blur his reason and
deprive him of a certain degree of control
b) That such intoxication is not habitual, or
subsequent to the plan to commit the felony
Aggravating
1)
2)

If intoxication is habitual
If it is intentional

When the offender drinks liquor fully knowing its

effects, to find in liquor the stimulant to commit a
crime or mans to suffocate any remorse.

PROOF TO BE SHOWN

or
Relative by affinity in the same degree of the

offender

Presumption is that intoxication is not

habitual but accidental
a)
b)

The accused state of intoxication must be

proved
Drunkenness must affect mental faculties
(Basis of ^)
It should be such intoxication that
would diminish the agents capacity to
know the injustice of his acts, and his
will to act accordingly

HABITUAL DRUNKARD
-

Intoxication by excessive use of intoxicating drinks.

The habit should be actual and confirmed

Not necessary that it be a daily occurrence.
It lessens individual resistance to evil thought and

EXCEPTION
1) Crimes against property such as estafa, theft,

undermines will-power making its victim a potential

2)

evil doer
DEGREE OF INSTRUCTION AND EDUCATION OF THE
OFFENDER
-

The accused lacks degree of instruction if he do=id

not even finish first grade

Not illiteracy alone but also lack of sufficient
intelligence is necessary to invoke the benefit of the

alternative circumstance of lack of instruction.

The determination of which is up to the trial court to

decide
Should be proven by the defense directly and

positively
Mitigating:
1) Low degree of instruction and education
(Or lack of it)

robbery and arson

Crimes against chastity, such as rape and

adultery
Aggravating:
1) High degree of instruction and education is
aggravating, when the offender avails himself of
his learning in committing the crime
Aggravating when the offender

took

advantage of his degree of instruction in

committing the crime
LACK OF EDUCATION IS NOT MITIGATING IN MURDER
GENERAL RULE: ^
EXCEPTION:
1)
2)

Accused believed in witchcraft

Living away from civilization

CASE TO CASE BASIS TO SO IJUDGE MO NALANG