This document discusses privileged and ordinary mitigating circumstances in Philippine law. Privileged mitigating circumstances include being a minor, committing a crime that is not wholly excusable, and having multiple mitigating factors with no aggravating factors. Incomplete justifying or exempting circumstances can also be privileged if the majority of conditions are present. For incomplete self-defense or defense of others to be privileged, the elements of unlawful aggression and another requisite must be present.
This document discusses privileged and ordinary mitigating circumstances in Philippine law. Privileged mitigating circumstances include being a minor, committing a crime that is not wholly excusable, and having multiple mitigating factors with no aggravating factors. Incomplete justifying or exempting circumstances can also be privileged if the majority of conditions are present. For incomplete self-defense or defense of others to be privileged, the elements of unlawful aggression and another requisite must be present.
This document discusses privileged and ordinary mitigating circumstances in Philippine law. Privileged mitigating circumstances include being a minor, committing a crime that is not wholly excusable, and having multiple mitigating factors with no aggravating factors. Incomplete justifying or exempting circumstances can also be privileged if the majority of conditions are present. For incomplete self-defense or defense of others to be privileged, the elements of unlawful aggression and another requisite must be present.
1. When the offender is a minor under 18 years of age (RPC, Art. 68); (BAR 2013, 2014) 2. When the crime committed is not wholly excusable (RPC, Art. 69); 3. When there are two or more mitigating circumstances and no aggravating circumstance, the court shall impose the penalty next lower to that prescribed by law, in the period that it may deem applicable, according to the number and nature of such circumstances (RPC, Art. 64, par. 5); (BAR 1997) 4. Voluntary release of the person illegally detained within 3 days without the offender attaining his purpose and before the institution of the criminal action (RPC, Art. 268, par. 3); 5. Abandonment without justification of the spouse who committed adultery (RPC, Art. 333, par. 3); and 6. Concealing dishonor in case of infanticide (RPC, Art. 255, par. 2).
NOTE: If it is the maternal grandparent who committed the offense to conceal dishonor, the penalty imposed is one degree lower. If it is the pregnant woman who committed the offense to conceal dishonor, the penalty imposed is two degrees lower. In case of concealing dishonor by a pregnant woman in abortion, the imposable penalty is merely lowered by period and not by degree, hence, not a privileged mitigating circumstance.
Privileged mitigating circumstances contemplated under Art. 69 Incomplete justifying (RPC, Art. 11) and incomplete exempting (RPC, Art. 12) circumstances, provided that the majority of their conditions are present
For this article to apply, it is necessary that: 1. Some of the conditions required to justify the deed or to exempt from criminal liability are lacking, 2. The majority of such conditions are nonetheless present, and 3. When the circumstance has an indispensable element, that element must be present in the case (Regalado, 2007).
Article 13. Mitigating circumstances. - The following are mitigating circumstances;
1. Those mentioned in the preceding chapter, when all the requisites necessary to justify or to exempt from criminal liability in the respective cases are not attendant.
INCOMPLETE JUSTIFYING OR EXEMPTING CIRCUMSTANCE
Incomplete justifying/exempting circumstance means that not all the requisites to justify the act are present or not all the requisites to exempt from criminal liability are present.
Effect on criminal liability of the offender of incomplete justifying circumstances or incomplete exempting circumstances
If less than the majority of the requisites necessary to justify the act or exempt from criminal liability are present, the offender shall only be entitled to an ordinary mitigating circumstance.
If a majority of the requisites needed to justify the act or exempt from criminal liability are present, the offender shall be given the benefit of a privileged mitigating circumstance. The imposable penalty shall be lowered by one or two degrees. When there are only two conditions to justify the act or to exempt from criminal liability, the presence of one shall be regarded as the majority.
Unlawful aggression: condition necessary before incomplete self-defense, defense of relative, or defense of stranger may be invoked
The offended party must be guilty of unlawful aggression. Without unlawful aggression, there can be no incomplete self-defense, defense of relative, or defense of stranger.
Effect on the criminal liability of the offender of incomplete self-defense, defense of relative, or defense of stranger
If only the element of unlawful aggression is present, the other requisites being absent, the offender shall be given only the benefit of an ordinary mitigating circumstance.
However, if aside from the element of unlawful aggression another requisite, but not all, is present, the offender shall be given the benefit of a privileged mitigating circumstance. In such a case, the imposable penalty shall be reduced by one or two degrees depending upon how the court regards the importance of the requisites present or absent.
If there are at least three mitigating circumstances, the first two the penalty is lowered by one degree while the last mitigating circumstance is imposed in minimum period after being lowered by one degree.
Not applicable to exempting circumstance of accident
Under Art. 12, par. 4, there are four requisites for the exempting circumstance of accident. First, a person must be performing a lawful act. Second, such must be done with due care. Third, an injury was caused to another by mere accident. Fourth, there is no fault or intention of causing such injury.
If the act was performed with due care but there was fault in causing an injury, the case will fall under Article 365, felonies by negligence or imprudence. The effect would be like a mitigating circumstance since said article states that the penalty will be lower than if the felony was committed intentionally.