ORDINARY MITIGATING CIRCUMSTANCE PRIVILEGED MITIGATING CIRCUMSTANCE

May be offset by generic aggravating circumstance Penalty reduced by 1 or 2 degrees

If not offset, penalty imposed at its minimum period if divisible CANNOT BE OFFSET

Not considered when penalty prescribed is SINGLE and INDIVISIBLE Always considered whether the penalty imposable is divisible or indivisible

1. Over 15 and under 18 years old acting with discernment, or over 70 years 1. Incomplete justifying or exempting circumstances [Art. 13(1)]
old [Art. 13(2)] If 2 requisites are present, it is a PMC under Art. 69
MITIGATING 2. Praeter Intentionem: no intention to commit so grave a wrong as that
CIRCUMSTANCES committed [Art. 13(3)] 2. Above 15 and below 18 with discernment [Art. 68 (minor under 18)]
3. Sufficient provocation or threat on the part of the offended party [Art.
13(4)] 3. Penalty lower by 1 or 2 degrees when deed is not wholly excusable and
4. Vindication of Grave Offenses [Art. 13(5)] that the majority of such conditions be present [Art. 69]
5. Passion or obfuscation [Art. 13(6)]
6. Voluntary surrender and voluntary confession of guilt [Art. 13(7)] 4. Penalties which contain three periods
7. Physical defect of offender [Art. 13(8)] 2 or more mitigating + no aggravating = next lower than prescribed
8. Illness of the offender [Art. 13(9)] by law [Art. 64]
9. Similar or analogous circumstances [Art. 13(10)]
(ex. Voluntary surrender and voluntary confession of guilt with no
accompanying AC)

GENERIC SPECIFIC QUALIFYING AGGRAVATING SPECIAL

Offset by Mitigating Circumstance CANNOT BY OFFSET BY ANY MC CANNOT BE OFFSET BY OMC

MAXIMUM PERIOD penalty 1 DEGREE HIGHER

a. Disregard of rank, age, sex in crimes
1. Contempt or insult to public authority (2) a. Recidivist under Gambling law
against persons and honor (3)
2. Crime committed in the dwelling of the (PD 1602)
b. Abuse of superior strength or means be
offended party (3) b. Cyber-crime of libel a. Complex crimes (Art. 48)
employed to weaken the defense in
3. Abuse of confidence or obvious (RA 10175) b. Advantageous use of public position (Art
crimes against persons (15)
ungratefulness (4) c. Leader of band 62)
c. Treachery applicable only in crimes
AGGRAVATING 4. Place and time of commission of offense
against persons (16)
(Art. 295) c. Taking advantage of public position (1)
CIRCUMSTANCES (5) d. Art. 248. Murder d. Quasi-recidivism: commission of another
d. Ignominy applicable only in crimes
5. Nighttime, uninhabited place, or band Treachery Calamity crime during service of penalty imposed
against persons (17)
(6) for another previous offense (Art. 160)
e. Cruelty in crimes against persons (21) Superior Strength Evident premeditation
6. Recidivism (9) e. Use of unlicensed firearm
f. Violation of domicile (Art. 128)
7. Habituality (10) C i. For homicide or murder
g. Interruption of religious worship (Art. 132) Means to weaken Cruelty
8. Craft, fraud, or disguise (14) defense (RA 8294)
h. Direct assault (Art. 148)
9. Unlawful entry (18) Ignominy ii. When inherent in the crime
i. Less serious physical injuries (Art. 265)
10. Breaking of parts of the house (19) Indunation (RA 10591)
j. Slavery (Art. 272)
11. Use of persons under 15 yrs. of age (20) Price/reward/promise iii. In the commission of brigandage
k. Qualified trespass to dwelling (Art. 280) Means of motor (Art. 306)
l. Grave threats (Art. 282) vehicle f. Error in personae (Art. 49)
m. Grave coercion (Art. 286)
n. Marriage contracted against provisions
of law (Art. 350)