CRIMINAL LAW 1 NOTES: ARTICLE 13 MITIGATING CIRCUMSTANCES

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1. Definition.
Are those which, if present in the commission of the crime, do not entirely
free the actor from criminal liability, but serve only to reducethe penalty.

2. Basis.
Based on the diminution of either freedom of action, intelligence, or intent, or
on the lesser perversity of the offender.

3. Classes.
1. Ordinary mitigating - enumerated in subsections 1 to 10 of Article 13.
2. Privileged mitigating
a. Art 68. - Penalty to be imposed upon a person under 18 years of age
1. Upon a person under 15 but over 9, that he acted with discernment, a
discretionary penalty but always 2 degrees lower
2. Upon a person over 15 and under 18, penalty next lower than that
prescribed by law.
b. Article 69. Penalty to be imposed when the crime committed is not
wholly excusable. Penalty lower by 1 or 2 degree
c. Article 64. Rules for the application of penalties which contain 3
periods
Privileged mitigating circumstances applicable only to particular crimes.
1. Voluntary release of the person illegally detained within 3 days without
the offender attaining his purpose and before the institution of criminal
action. Penalty is 1 degree lower. Art. 268, par 3
2. Abandonment without justification of the spouse who committed
adultery. Penalty is 1 degree lower. Art. 333, par. 3

4. Distinctions
Ordinary mitigating Privileged mitigating
circumstances

Offset by any aggravating Cannot be offset by aggravating

circumstance circumstance

Produces only the effect of Produces the effect of imposing

applying the penalty provided by upon the offender the penalty
law for the crime in its minimum lower by 1 or 2 degrees than that
period, in case of divisible penalty provided by law for the crime.

----------------Mitigating Circumstances----------------------

1. Those mentioned in the preceding chapter, when all the requisites

necessary to justify the act or to exempt from the criminal liability in the

respective cases are not attendant.

Is applicable only when unlawful aggression is present but the
other 2 requisites are not present in any of the cases referred to in
circumstances Nos. 1, 2, 3 of Art. 11. Is entitled to a privileged mitigating
circumstances referred to in Article 69.
1. Incomplete self-defense, defense of relatives, and defense of
stranger. 1st requisite is present but the other 2 are not.
2. Incomplete justifying circumstances of avoidance of greater evil
or injury. The last 2 requisites are not present.
3. Incomplete justifying circumstances of performance of duty.
Where only one of the two requisites are present:
a. That the accused acted in performance of a duty or in
the lawful exercise of a right; and
b. That the injury caused or offense committed be the
necessary consequence of the due performance of such duty or the lawful
exercise of such right or office.
4. Incomplete justifying circumstance of obedience to an order.
∙When all the requisites necessary to exempt from criminal liability
are not attendant.
1. Incomplete exempting circumstance of minority over 9
and under 15 years of age.
Mitigating circumstance where only one of the
two requisites are present:
a. That the offender is over 9 and
under 15 y.o; or
b. That he does not act with
discernment
2. Incomplete exempting circumstance of accident.
These 4 requisites must be present in order to
exempt one from criminal liability:
a. A person is performing a lawful act;
b. With due care;
c. He causes an injury to another by
mere accident; and
d. Without fault or intention of causing
it.
i) If 1st requisite and 2nd part of 4th requisite
are absent, it is intentional felony.
3. Incomplete exempting circumstance of uncontrollable
fear.
If only 1 of the 2 requisite are present, it is mitigating
circumstances:
a. That the threat which caused the fear was of
an evil greater than or at least equal to, that which he was required to
commit;
b. That it promised an evil of such gravity and
imminence of an ordinary person would have succumbed to it.

2. That the offender is under 18 years of age or over 70 years. In the case of

the minor, he shall be proceeded against in accordance with the provisions of

Article 80 (Art 192, P.D. No. 603)

Basis. Based on the diminution of intelligence, a condition of
voluntariness.
Contemplates the ff:
1. An offender over 9 but under 15 years of age, who acted
with discernment.
2. An offender over 15 and under 18 (see also Art. 68)
§ Article 68 provide mitigating circumstance:
1. Upon a person under 15 but over 9 yrs of age,
who is not exempt from liability by reason of the court having declared that
he acted with discernment, a discretionary penalty shall be imposed, but
always lower by 2 degrees at least than that prescribed by law for the crime
which he committed.
2. Upon a person over 15 and under 18 the
penalty next lower than that prescribed by law shall be imposed, but always
in the proper period.
• Requisites:
1. That the minor must be tried in accordance with the
provisions of the Art 192 PD 603
2. That after trial the minor was found guilty and
committed to the custody of a reformatory institution or to the custody of a
responsible person; and
3. That the minor became incorrigible while in the
reformatory institution or while in the custody of a responsible person.
 3. An offender over 70 years of age.
∙ In the case of minor, he shall be proceeded against in accordance
with the provisions of Article 192 of PD No. 603.
§ Requisites:
1. The offender was under 18 years of age, but over 9
years, at the time of the commission of the offense with which he is charged.
2. After hearing the evidence, the court, found that the
youthful offender committed the act charged against him.

∙ Legal effects of various ages of offender:

1. Under 9 years of age - exempting circumstance (Art. 2,
par. 2);
2. Over 9 and under 15, he acted without discernment -
exempting circumstances;
3. Minor delinquent under 18 - sentence may be
suspended;
4. Under 18 - privileged mitigating circumstance
5. 18 yrs above - full criminal responsibility
6. 70 or over - mitigating circumstance
1. When he committed an offense punishable by death, penalty shall
not be imposed
2. When death sentence is already imposed, it shall be suspended
and commuted.

3. That the offender had no intention to commit so grave a wrong as that

committed.
Rule. This circumstance 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.
Basis. Intent-element of voluntariness in intentional felony-is
diminished.
Intention, as an internal act, is judged not only by the
proportion of the means employed by him to the evil produced by his act, but
also by the fact that the blow was or was not aimed at vital part of the
body.
This 3rd subsection is not employed when the offender employed
brute force.
It addresses itself to the intention of the offender at the
particular moment when he executes or commits the criminal act; not to his
intention during the planning stage.
 Not applicable to felonies by negligence. The reason is that in
felonies through negligence, the offender acts without intent. Hence, there is
no intent on the part of the offender which may be considered as diminished
Applicable only to offenses resulting in physical injuries or material
harm. Not appreciated in cases of defamation or slander.

4. That sufficient provocation or threat on the part of the offended party

immediately preceded the act.

Provocation. Any unjust or improper conduct or act of the offended

party, capable of exciting, inciting, or irritating any one.
Requisites.
1. That the provocation must be sufficient.
Sufficient. Adequate to excite a person to commit the
wrong and must accordingly be proportionate to its gravity.
2. That it must be originate from the offended party.
3. That the provocation must be immediate to the act, ie., to the
commission of the crime by the person who is provoked.
Note: Threat immediately preceded the act. The threat should not
be offensive and positively strong, because, if it is, the threat to inflict real
injury is an unlawful aggression which may give rise to self-defense.

5. That the act was committed in the immediate vindication of a grave

offense to the one committing the felony, his spouse, ascendants,

descendants, legitimate, natural or adopted brothers or sisters, or relatives

by affinity within the same degree.

Basis. Diminution of voluntariness
Requisites.
1. 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
degree;
2. That the felony is committed in vindication of such
grave offense. A lapse of time is allowed between the vindication and the
doing of the grave offense.
Lapse of time is allowed between the grave offense the
vindication.
Provocation Vindication
Made directly only to the person The grave offense may be
committing the felony committed against the offender's
relatives

The cause that brought about The offended party must have done
provocation need not be a grave a grave offense to the offender or
offense his relatives

It is necessary that the provocation The vindication of the grave offense

or threat immediately preceded the may be proximate; admits of an
act interval of time between the grave
offense done by the offended party
and the commission of the crime by
the accused
Reason for the difference:
It concerns the honor of a person, an offense which is more
worthy ofconsideration than mere spite against the one giving provocation or
threat
Basis to determine the gravity of offense in vindication.
1. Social standing of the person
2. Place
3. Time the insult was made
Grave offense must be directed to the accused.
Vindication of a grave offense incompatible with passion or
obfuscation. They cannot be counted separately or independently.

6. That of having acted upon an impulse so powerful as naturally to have

produced passion or obfuscation.

Basis. Loss of reason and self-control because of excitement,
thereby diminishing the exercise of his willpower
Rule. Passion or obfuscation may constitute a mitigating
circumstance only when the same arose from lawful sentiments.
+Must originate from legitimate feelings, and not from vicious,
unworthy and immoral passions.
+Passion or obfuscation may lawfully arise from causes existing
only in the honest belief of the offender.
For this reason, even if there is actually passion or obfuscation on
the part of the offender, there is no mitigating circumstances when:
1. That the act is committed in a spirit of lawlessness; or
2. The act is committed in the spirit of revenge.
 Requisites:
1. That there be an act, both unlawful and sufficient to
produce such condition of mind; and
2. The crime committed by the accused must be provoked by
prior unjust or improper acts of the injured party.
3. That said act which produced the obfuscation was not far
removed from the commission of the crime by a considerable length of time,
during the perpetrator might recover his normal equanimity.
Notes:
It is necessary that the act which gives rise to the obfuscation be not
removed from the commission of the offense by a considerable length of
time, during which period the perpetrator might recover his equanimity.
The crime committed must be the result of a sudden impulse of
natural and uncontrollable fury.
Passion or obfuscation Treachery

Mitigating circumstance Aggravating circumstance

The offender loses his self-control The mode of attack must be

and reason and cannot deliberately consciously adopted
employ a particular means, method
or form of attack in the execution of
the crime

Passion or obfuscation Irresistible force

Mitigating circumstance Exempting circumstance

Cannot give rise to an irresistible Requires physical force

force

Is in the offender himself Must come from a 3rd person

Must arise from lawful sentiments unlawful

Passion or obfuscation Provocation

Produced by an impulse which may Comes from the injured party

be caused by provocation

The offense which engenders Must immediately precede the

perturbation of the mind need not be commission of the crime
immediate

The effect is loss of reason and self- The effect is loss of reason and self-
control on the part of the offender control on the part of the offender

7. That the offender had voluntarily surrendered himself to a person in

authority or his agents, or that he had voluntarily confessed his guilt before

the court prior to the presentation of the evidence for the prosecution.
Two mitigating circumstances are provided in this paragraph.
1.) Voluntary surrender to a person in authority or his
agents.
2.) Voluntary confession of guilt before the court prior to
the presentation of the evidence for the persecution.

1.) Voluntary surrender to a person in authority or his agents.

Requisites.
1. That the offender had not actually been
arrested.
2. That the offender surrendered himself to a
person in authority or to the latter's agent.
Person in authority - member of some court or governmental
corporation, board or commission.
Agents of a person in authority - has direct provision of the law, or
by election or by appointment by competent, is charged with the
maintenance of public order and protection and security of life and property
and any person who comes in aid with the authority.
That the surrender was voluntary.
Requisites of voluntariness.
Voluntary surrender must be spontaneous in manner that
it shows the interest of the accused to surrender unconditionally to the
authorities, either:
1. He acknowledges his guilt; or
2. He wishes to save them the trouble and expenses
necessarily incurred in his search and capture.
Requisites of 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 is to try the case; and
3. That the confession of guilt was made prior to the
presentation of the evidence for the prosecution.
 Plea of guilty is not mitigating in culpable felonies and in crimes
punishable by penal laws.
Art 365, par. 5: Penalties for culpable felonies. In the
imposition of these penalties, the courts shall exercise their sound
discretion, without regard to the rules prescribed in Art. 64.
When the crime is punished by a special law, the court
shall exercise its sound jurisdiction, as Art 64 is not applicable. Penalty
prescribed by special laws is usually not divisible into three periods.

8. That the offender is deaf, dumb, blind, or otherwise suffering some

physical defect which thus restricts his means of action, defense, or

communication with his fellow beings.

Physical defect. Being armless, cripple, or a stutterer, whereby his
means to act, defend himself or communicate with his fellow beings are
limited.
The Code considers educated and uneducated deaf-mute or blind
persons as being on equal footing.

9. Such illness of the offender would thus diminish the exercise of the

willpower of the offender without however depriving him of the

unconsciousness of his acts.

Basis. Diminution of intelligence and intent.
Requisites.
1. That the illness of the offender must diminish the
exercise of his willpower.
2. That such illness should not deprive the offender of
consciousness of his acts.
When the offender completely lost the exercise of willpower, it may be an
exempting circumstance.
Illness of the mind, which refers to the diseases of pathological state that
trouble the conscience and the will, and not amounting to insanity, may give
place to mitigation.

10. And, finally, any other circumstances of a similar nature or analogous to

those above-mentioned.
Must be of similar nature and analogous to those mentioned in paragraphs 1
to 9 in the Article 13.
60 years old with failing sight over 70 years of age (par. 2)

Outraged feeling of owner of animal vindication of a grave offense

taken for ransom

Outraged feeling of passion and obfuscation (par. 6)

creditor

Impulse to jealous passion and obfuscation

feeling

Esprit de corps (mass passion and obfuscation

psychology)

Voluntary restitution of stolen voluntary surrender (par 7)

property

Extreme poverty and necessity(Art Incomplete justification (par 1 of Art

11 par. 4) 13)

Testifying for the prosecution Plea to guilty

Mitigating circumstances which are personal to the offenders.

1. From the moral attributes of the offender; or
2. From his private relations with the offended party; or
3. From any other personal cause, shall only serve to
mitigate the liability of the principals, accomplices, and accessories as to
whom such circumstances are attendant.

Circumstances which are neither exempting nor mitigating:

1. Mistake in the blow/aberratio ictus (Art 48, complex
crime committed)
2. Mistake in the identity of the victim (Art 29)
3. Entrapment of the accused.
4. The accused is over 18 years of age
5. Performance of righteous action