MITIGATING CIRCUMSTANCES ( ARTICLE 13 OF Revised Penal Code )

What is MITIGATING ? IT REFERS TO THE LESSENING THE GRAVITY OF AN OFFENSE OR MISTAKE.

WITH REGARDS TO MITIGATING CIRCUMSTANCES, IT HAS ALREADY CRIMINAL AND CIVIL LIABILTY.

THOSE WHICH IF PRESENT IN THE COMMISSION OF THE CRIME, DO NOT ENTIRELY FREE THE
ACTOR FROM CRIMINAL LIABILITY BUT SERVE ONLY TO REDUCE THE PENALTY.

BASIS : DIMINUTION OF EITHER FREEDOM OF ACTION ,INTELLIGENCE OR INTENT OR ON THE LESSER

PERVERSITY OF THE OFFENDER.

PARAGRAPH # 1 – THOSE MENTIONED IN THE PRECEEDING CHAPTER, WHEN ALL THE REQUISITE
NECESSARY TO JUSTIFY OR TO EXEMPT FROM CRIMINAL LIABILITY IN THE RESPECTIVE CASES ARE NOT
ATTENDANT;
PARAGRAPH # 2 – THAT THE OFFENDER IS UNDER 18 OF AGE OR OVER 70. IN THE CASE OF THE MINOR
HE SHALL BE PROCEEDED AGAINST IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 80;

PARAGRAPH # 3 – THAT THE OFFENDER HAD NO INTENTION TO COMMIT SO GRAVE A WRONG AS THAT
COMMITTED. ( PRAETER INTENTIONEM);

PARAGRAPH # 4 – THAT SUFFICIENT PROVOCATION OR THREAT ON THE PART OF THE OFFENDED PARTY
“IMMEDIATELY PRECEDED THE ACT”;

PARAGRAPH # 5 – THAT THE ACT WAS COMMITTED IN THE IMMEDIATE VINDICATION OF A GRAVE
OFFENSE TO THE ONE COMMITTING THE FELONY (DELITO) HIS SPOUSE, ASCENDANTS, OR RELATIVES BY
AFFINITY WITHIN THE SAME DEGREES;

PARAGRAPH # 6 – THAT OF HAVING ACTED UPON AN IMPULSE SO POWERFUL AS NATURALLY TO HAVE

PRODUCED PASSION OR OBFUSCATION;

PARAGRAPH # 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;

PARAGRAPH # 8 – THAT THE OFFENDER IS DEAF AND DUMB,BLIND OR OTHERWISE SUFFERING SOME
PHYSICAL DEFECT WHICH RISTRICTS HIS MEANS OF ACTION DEFENSE,OR COMMUNICATIONS WITH HIS
FELLOW BEINGS;

PARAGRAPH # 9 – SUCH ILLNESS OF THE OFFENDER AS WOULD DIMINISH THE EXERCISE OF THE WILL-
POWER OF THE OFFENDER ,WITHOUT HOWEVER DEPRIVING HIM OF THE CONSCIOUSNESS OF HIS ACTS;

PARAGRAPH # 10 – ANY OTHER CIRCUMSTANCES OF A SIMILAR NATURE AND ANALOGOUS TO THOSE

ABOVE MENTIONED.

NOTE :

1. IMPULSE OF JEALOUSY OR MATINDING PAGSESELOS AY PWEDE MO ITONG MAIHALINTULAD SA

PARAGRAPH # 6

2. TESTIFYING FOR THE PROSECUTION PWEDENG IHALINTULAD SA PARAGRAPH # 7

3. OVER 70 YEARS OLD WILL FAILING SIGHT,PWEDENG IHALINTULAD SA PARAGRAPH #2