JUSTIFYING CIRCUMSTANCES

Circumstance Requisite Application

1. Self – defense
2. Defense of relatives
1. Unlawful aggression; - Unlawful aggression is an indispensable element
2.Reasonable necessity to the means employed to prevent or repel it;
3. Lack of sufficient provocation on the part of the person defending
himself.
1. Unlawful aggression; Relatives that can be defended:
2.Reasonable necessity to the means employed to prevent or repel it;
3. In case the provocation was given by the person attacked, the one a. Spouse;
making a defense had no part therein b. Ascendants;
c. Descendants;
d. Legitimate, natural, and adopted brothers or
sisters, or relatives by affinity in the same
degrees (parentsinlaw, son or daughterinlaw,
and brother or sisterinlaw);
e. Relatives by consanguinity within the fourth civil
degree (brothers and sisters, uncle, aunt, niece,
nephew, and first cousins).

3. Defense of a stranger 1. Unlawful aggression;

2.Reasonable necessity to the means employed to prevent or repel it;
3. The person defending be not induced by revenger, resentment, or other
evil motive
4. State of necessity 1. That the evil sought to be avoided actually exists;
2. That the injury feared be greater than that done to avoid it;
3. That there be no other practical and less harmful means of preventing it.
5. Duty or right 1. The accused acted in the performance of a duty or in the lawful
exercise of a right or office;
2. The injury caused or the offense committed be the necessary
consequence of the due performance of duty or the lawful exercise of
such right or office.

6. Lawful order 1. An order has been issued by a superior;

2. Such order must be some for some lawful purpose; and
3. The means used by the subordinate to carry out said order is lawful.
 MITIGATING CIRCUMSTANCES
ORDINARY MITIGATING PRIVILEGE MITIGATING
Article 13, par 1-10 Art 68, 69, 64,
Art 13, par 1 IF Art 69 is not
applicable
Susceptible of being offset by any Cannot be offset by aggravating
aggravating circumstance circumstance
Produces the effect of applying penalty Produces the effect of imposing upon
provided by law for the crime in the offender the penalty lower by one
minimum period, in case of divisible or two degrees than that provided by
penalty law for the crime
Circumstance Requisites Application
1. Incomplete Justifying or Exempting In the case for: Self-defense (Art 11, par 1)
Circumstance - Incomplete Self-defense Defense of relatives (Art 11, par 2)
- Defense of relatives Defense of stranger (Art 11, par 3)
- Defense of a stranger State of necessity (Art 11, par 4)
**Unlawful Aggression must be present Performance of duty (Art 11, par 5)
Obedience to order of superior (Art 11, par 6)
Minority above 15 but below 18 (RA 9344)
Causing injury by mere accident (Art 12, par 4)
Uncontrollable fear (Art 12, par 6)
2. Under 18 or over 70 years of age
3. No Intention to commit so grave a wrong Intention may be ascertained by considering: Rule for the application: Can be taken into account only when
a) the weapon used the facts proven show that there is a notable and evident
b) the part of the body injured disproportion between the means employed to execute the
c) the injury inflicted criminal act and its consequences.
4. Provocation or threat 1. The provocation must be sufficient. PROVOCATION – any unjust or improper conduct or act of
2. It must originate from the offended party. the offended party, capable of exciting, inciting or irritating
3. The provocation must be immediate to the commission of any one.
the crime by the person who is provoked. ➢ The threat should not be offensive and positively
strong. Otherwise, the threat to inflict real injury is an
unlawful aggression, which may give rise to self-defense.
5. Vindication of grave offense 1. That there be a grave offense done to the one committing Immediate” allows for a lapse of time unlike in sufficient
the felony, his spouse, ascendants; descendants, legitimate, provocation, as long as the offender is still suffering from the
natural or adopted brothers or sisters or relatives by affinity mental agony brought about by the offense to him.
within the same degrees;
2. That the felony is committed in immediate vindication of
such grave offense.
6. Passion or Obfuscation 1. That there be an act, both unlawful and sufficient to It requires that:
produce such a condition of mind; 1. The accused acted upon an impulse.
2. That said act which produced the obfuscation was not 2. The impulse must be so powerful that it naturally
far removed from the commission of the crime by a produced passion or obfuscation in him.
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.

7. Surrender and Confession of Guilt
8. Physical defect of offender
9. Illness of the offender
10. Similar and analogous circumstances
REQUISITES OF VOLUNTARY SURRENDER:
1. That the offender had not been actually arrested;
2. That the offender surrendered himself to a person in
authority or to the latter’s agent;
3. That the surrender was voluntary.
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 is to try the case; and
3. That the confession of guilt was made prior to the
presentation of evidence for the prosecution.
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.
WHEN PASSION OR OBFUSCATION NOT MITIGATING:
When committed:
1. In the spirit of lawlessness, or
2. In a spirit of revenge
WHEN SURRENDER VOLUNTARY
A surrender to be voluntary must be spontaneous, showing
the intent of the accused to submit himself unconditionally to
the authorities, either because:
1. he acknowledges his guilt; or
2. he wishes to save them the trouble and expense
necessarily incurred in his
search and capture.
• When the offender is deaf and dumb, blind or
otherwise suffering from some physical defect,
restricting his means of action, defense or
communication with others.
• The physical defect must relate to the offense
committed.
• BASIS: diminution of element of voluntariness.
• Includes illness of the mind not amounting to insanity.
1) Impulse of jealousy, similar to passion and obfuscation.
2) Testifying for the prosecution, analogous to plea of guilty
 AGGRAVATING CIRCUMSTANCES
Circumstance Requisites Application
1. Advantage be taken by the offender of As a means by which he realizes his purpose, the • Inherent in the crimes of Malversation and committed by accessories (Art 19. par
his public position public officer must use: (IPA) 3)
a. Influence Note: It is not aggravating when it is an integral element of or inherent in the
b. Prestige offense
c. Ascendancy • RA 7659: crimes committed by a public officer will be given the penalty
prescribed at its maximum regardless of the nature and number of mitigating
circumstance
• Wearing uniform is immaterial in certain cases
• Failure in official duties is tantamount to abusing of office

2. Crime be committed in contempt of or
with insult to the public authorities
1. Public authority is engaged in the exercise • Does not apply when crime is committed in the presence of an agent
of his functions Note: Agent = any person who is charged with the maintenance of public order
2. Public authority is not the person whom and the protection and security of life and property, such as barrio councilman,
the crime is committed barrio policeman, and barangay leader..
3. The offender knows him to be a public • If crime is committed against the public authority, the offender commits direct
authority assault without aggravating circumstance
4. His presence does not prevent the • Knowledge that a public authority is present is essential + His/Her presence has
offender from committing the criminal act not prevented offender from committing the crime

3. Act be committed:
a. With insult or in disregard of the
respect due to the offended party
on account of his rank, age, or sex
OR
b. That it be committed in the
dwelling of the offended party if
the latter has not given
provocation
4. Act be committed with:
a. Abuse of confidence
b. Obvious ungratefulness
For dwelling:
1. Abuse of confidence which the offended party
reposed in the offender by opening the door to him
OR
2. Violation of the sanctity of the home by
trespassing therein with violence or against the will
of the owner
Abuse of confidence
1. offended party had trusted the offender
2. offender abused such trust
3. abuse of confidence facilitated the commission
of the crime
Obvious ungratefulness: (TAOU)
1. offended party trusted the offender
2. abused such trust
3. act be committed with obvious ungratefulness
• Applicable only to crimes against persons or honor
• If all four are present, they have the weight of only 1 aggravating circumstance
• There must be a difference in the social condition
• Disregard of age, rank, or sex is NOT applicable in the following:
1. offender acted with passion or obfuscation
2. there exists a relationship between he offended and the offender
3. when the condition of being a woman is indispensable in the commission of the
crime (e.g. abduction, seduction, rape)
• Dwelling must be a building or structure exclusively used for rest and comfort
• Dwelling is NOT applicable in the following
1. both offended and offender are living in the same house (except in cases of
adultery)
2. when the robbery is committed by the use of force upon things
3. Crime of trespass to dwelling
4. owner of the dwelling gave sufficient and immediate provocation
5. Victim is not a dweller of the house
• Confidence between he offended and offender must be immediate and personal
• Not a mere betrayal of trust
• Abuse of confidence Inherent in (therefore not applicable): (STEM)
1. Qualified seduction
2. Qualified theft
3. Estafa by conversion of misappropriation
4. Malversation
• Ungratefulness must be obvious
 5. Crime be committed
a. In the palace of the Chief
Executive
b. In his presence
c. Where public authorities are
engaged in the discharge of their
duties
d. In a place dedicated for religious
worship
6. That the crime be committed
a. In the nighttime
b. In an uninhabited place
c. By a band
Whenever such circumstances may facilitate
the commission of the offense
7. Crime be committed on the occasion of
a conflagration, shipwreck,
earthquake, epidemic, or other
calamity or misfortune
8. Crime be committed with the aid of
a. Armed men, or
b. Persons who insure or afford
impunity
1.Facilitated the commission of the crime OR
2. When especially sought for by the offender to
insure impunity OR
3. When the offender took advantage thereof for
the purpose of impunity
1. Armed men or persons took part in the
commission of the crime, directly or indirectly
2. accused availed of himself of their aid or relied
upon them when the crime was committed
Difference between Par 2 and Par 5
Par 2 Par 5
Public authorities are in the performance of their duties
Public authorities are performing Public authorities must be in their
their duties outside of their office office
Public authority should not be Public authority may be the
the offended party offended party
They have to know that the They also have to know
public official is a public official
• Official or religious functions, not necessary
• But in regards as to the place where public authorities are engaged in
the discharge of their duties, there must be some performance of public
functions
• Ex: An electoral precinct during election day is a place where public
authorities are engaged in the discharge of their duties
• It must be a place dedicated to worship (Note: A cemetery is not a place
of worship)
• Important: Offender must have intention to commit a crime when he
entered the place
Nighttime:
• Nighttime = from sunset to sunrise
• When the place is illuminated by light, nighttime cannot be appreciated
• BUT the lighting of a matchstick or use of flashlight does not negate the
aggravating circumstance of nighttime
• Not considered as aggravating if the commission of the crime began at daytime
Uninhabited Place:
• determining factor for the appreciation is the reasonable possibility of the victim
receiving aid from third persons
• it must appear that the solitude of the place was sought in order to better attaint
he purpose
Band:
• four armed persons who are ALL principals by direct participation
• Aggravating in crimes against property, or persons, or in the crime of illegal
detention or treason NOT AGAINST CHASTITY
• absorbs the aggravating circumstance of abuse of superior strength and use of
firearms
• Inherent in brigandage (SO IT IS NOT AGGRAVATING)
• Aggravating in robbery with homicide
• In the midst of a great calamity
• adds to the suffering of others by taking advantage of their misfortune
• Necessary that the offender took advantage of the calamity or misfortune
NOT considered when:
1. The casual presence of armed men near the place where the crime was
committed
2. both the attacking party and the party attacked were equally armed

9. Accused is a recidivist
10. Reiteracion
Offender has been previously punished
a. For an offense to which the law
attaches an equal or greater penalty
OR
b. For two or more crimes to which it
attaches a lighter penalty
11. Crime be committed in consideration
of a price, reward or promise
12. Crime be committed by means of:
a. Fire
b. Inundation
c. Poison
d. Explosion
1.Offender is on trial for an offense
2. Previously convicted by final judgment of
another crime
3. offender is convicted for the new offense
4. both the first and second offense are embrace in •
the same title of the RPC
1. on trial for an offense
2. previously served sentence for another offense
to which the law attaches equal or greater penalty
or for two or more crimes of lighter penalty
3. convicted of the new offense
There must be two or more principals:
1. Principal by inducement
2. Principal by direct participation
3. When the accused and those who cooperated with him in the commission
of the crime acted under the same plan and for the same purpose
(existence of conspiracy)
• Aid of armed men is absorbed by employment of a band
Note: If there are 4 armed men, absorbed BUT if there are three armed men or
less, aid of armed men may be the aggravating circumstance
• Aid of armed men also includes armed women
• No recidivism if the subsequent conviction is for an offense committed before the
offense involved in the prior conviction
• There is recidivism even if the lapse of time between two felonies is more than 10
years
Pardon does not obliterate the fact that the accused was a recidivist but amnesty
extinguishes the penalty and its effects
Reiteracion Recidivism
The offender shall have served It is enough that a final
out his sentence for the first judgement has been rendered
offense
Note: Only 1 prev crime is
needed if the penalty for that
crime is equal or greater
Prev and subsequent offenses Requires that the offenses be
must not embraced in the same included in the same title of the
title of the Code Code
Not always an aggravating Always taken into consideration
circumstance in fixing the penalty to be
imposed upon the accused
Four forms of repetition:
1. Recidivism = generic aggravating
2. Reiteracion or habituality = generic aggravating
3. Multi-recidivism = extraordinary aggravating
4. Quasi-recidivism = special aggravating
→ any person who shall commit a felony after having been convicted by final
judgement, before beginning to serve such sentence, or while serving the
same shall be punished by the maximum period of the penalty prescribed by
law for the new felony
• must be a previous promise
• offer must be accepted by the principal by direct participation
• The instigator can only be affected by this aggravating circumstance if the
price, reward, or promise is alleged in the information as a qualifying
aggravating circumstance
• When another aggravating circumstance already qualifies the crime, any of
these aggravating circumstances shall be considered as generic aggravating
circumstance only
• Had there been an intent to kill, the crime committed is murder, qualified by the
circumstance that the crime was committed by means of fire
 e. Stranding of a vessel or intentional
damage thereto
f. Use of any other artifice involving
great waste and ruin or
g. Derailment of a locomotive
13. Act be committed with evident
premeditation
14. Craft, Fraud, or Disguise be employed
15. That advantage be taken of superior
strength or means be employed to
weaken the defense
16. That the act be committed with
treachery
1. time when the offender determined to commit
the crime
2. act manifestly indicating that the culprit has
clung to his determination
3. date and time when the crime was committed (to
compute the lapse of time)
4. sufficient lapse of time between the
determination and the execution
Craft = involves intellectual trickery and cunning on
the part of the accused
Fraud = insidious words or machinations used to
induce the victim to act in a manner which would
enable the offender to carry out his design
Disguise = resorting to any device to conceal
identity
1. Victim was not in a position to defend
himself
2. Offender consciously adopted the
particular means, method or form of
attack
• Inherent in arson, crime involving destruction, and damages and obstruction to
means of communication
Only property is damaged → damage to means of communication under Art 330
Death of a person results w/o intent to kill → complex crime of damage to means
of communication w/ homicide
Death of a person results + intent to kill → murder
Must this aggravating circumstance be considered to raise the penalty if it already
qualifies the crime to murder? NO.
• Essence = must be preceded by cool thought and reflection upon the resolution
to carry out the criminal intent during the space of time sufficient to arrive at a
calm judgement
• The date and the when the offender determined to commit the crime is essential
bcos the lapse of time for the purpose of the third requisite is computed from the
date and time
• Mere threats does not show evident premeditation
• Existence of ill-feeling or grudge alone is not proof of evident premeditation
• 3 hours or less considered sufficient lapse of time
• Conspiracy generally presupposes premeditation (except implied conspiracy)
• Premeditation is absorbed by reward or promise
• It is not necessary that the accused planned to kill a particular person
Note: If the offender premeditated on the killing of any person = aggravating
circumstance considered
• May be aggravating in robbery with homicide if the premeditation included the
killing of the victim
• Fraud is inherent in estafa
• If all are present in the same case, they shall be applied as a single aggravating
circumstance
• If accused is easily recognizable, disguise not appreciated
• The purpose of the device must be to conceal his identity
CRAFT FRAUD
When the act of the accused When there is direct
done in order not to arouse inducement by insidious words
suspicion of the victim or machinations
• NO advantage of superior strength in the following:
1. One who attacks another with passion and obfuscation
2. When a quarrel arose unexpectedly and the fatal blow was struck at the time
when he aggressor and his victim were engaged against each other
3. When the attack was made on the victim alternately
4.Parricide against wife
5. When one acted as principal and the other two as accomplices
• When there is an allegation of treachery, abuse of superior strength is
absorbed
• applicable only to crimes against persons
• means methods or forms need not insure the accomplishment
• mode of attack must be consciously adopted
• treachers cannot co-exist with passion or obfuscation
Treachers cannot be applied in a fight
 Treachery absorbs: (CAN-ABE)
1. Craft
2. Abuse of superior strength
3. Nighttime
4. Aid of armed men
5. Band
6. Employing means to weaken the defense

17. That means be employed or • Applicable to:

circumstances brought about which 1. crimes against chastity
add ignominy to the natural effects of 2. less serious physical injuries
the act 3. light or grave coercion
4. murder
• involves moral suffering

18. That crime committed after an unlawful • Entrance and not for escape
entry - The used entrance must not be used for conventional entrance
• Inherent in:
1. Robbery with the use of force upon things
2. Trespass to dwelling
• there is a presumption that no such breaking of windows or doors

19. That as a means to the commission of aggravating only in those cases where the offender resorted to any of said means
a crime to enter the house
a. wall
b. roof
c. floor
d. door
e. window be broken

20. Crime be committed

a. With the aid of persons under 15
years of age or
b. By means of motor vehicles,
airships, or other similar means
21. Cruelty 1. Injury caused be deliberately increased by • Inherent in crimes against persons and
→wrong done in the commission of the the causing of another wrong • refers to physical suffering
crime be deliberately augmented by 2. Other wrong be unnecessary for the
causing other wrong not necessary execution of the purpose of the offender
ALTERNATIVE CIRCUMSTANCES DEFINITION
1. RELATIONSHIP When the offended party is the
(a) Spouse
(b) Ascendant
(c) Descendant
(d) Legitimate, natural, or adopted
brother or sister
(e) Relative by affinity in the same
degree of the offender
Also includes
- Stepfather/stepmother and stepson
or stepdaughter
- Adopted parent and adopted child
*Neither Mitigating or Aggravating when the
relationship is an element of the offense (Ex.
Parricide, Adultery, Concubinage)
2. INTOXICATION Intoxication that would affect mental faculties
3. DEGREE OF INSTRUCTION AND Note: Non-habitual intoxication, lack of
EDUCATION OF THE OFFENDER instruction and obfuscation are not to be
taken separately
WHEN MITIGATING
GR: Mitigating in crimes against property
→ robbery (Art 294-302)
→ usurpation (Art 312)
→ fraudulent insolvency (Art 314)
EXC: Less serious physical injuries (Art 265)
or slight physical injuries (Art 266) IF the
offended party is a relative of a lower degree
of the offender
But exempting in
→ theft
→ swindling or estafa
→ malicious mischief
(1) If intoxication is not habitual or
(2) If intoxication is not subsequent to
the plan to commit a felony
GR: Low degree of instruction and education
or lack of it
EXC: When the offender is a city resident
who knows how to sign his name
EXC: Not mitigating in crimes against
property
EXC: Not mitigating in crimes against
chastity
GR: Treason is not mitigating because love
of country should be a natural feeling of
every citizen
GR: Not mitigating in murder
WHEN AGGRAVATING
GR: Aggravating in crimes against persons
→ Crimes against persons in any of the
serious physical injuries (Art 263)
→ Less serious physical injuries (Art 265) or
slight physical injuries (Art 266) IF the
offended party is a relative of a higher degree
of the offender
→ If the it resulted in the death of the victim
who is a relative of lower degree
GR: Aggravating in crimes against chastity
EXC: The rule may be different because of
the “other condition attending” the
commission of the crime
(1) If intoxication is habitual
Note: A habitual drunkard is one given to
intoxication by excessive use of intoxicating
drinks. The habit should be actual and
confirmed, but it is not necessary that it be
continuous or by daily occurrence
(2) If it is intentional (subsequent to the
plan to commit a felony)
GR: High degree of instruction and education
when the offender avails himself of his
learning in committing the crime
Note: Degree of instruction is aggravating
when the offender availed of himself or took
advantage of it in committing the crime