Alternative

Circumstances
GROUP 7
 Alternative circumstances are those
which must be taken into consideration
as aggravating or mitigating according
to the nature and effects of the crime
ARTICLE 15. and the other conditions attending its
Their Concept commission. They are the relationship,
intoxication, and the degree of
instruction and education of the
offender.
 The alternative circumstance of
relationship shall be taken into
consideration when the offended party
ARTICLE 15. is the spouse, ascendant, descendant,
Their Concept legitimate, natural, or adopted brother
or sister, or relative by affinity in the
name of the degree of the offender.
 The intoxication of the offender shall
be taken into consideration as a
mitigating circumstance when the
offender has committed a felony in a
ARTICLE 15. state of intoxication, if the same is not
Their Concept habitual or subsequent to the plan to
commit said felony, but when
intoxication is habitual or intentional, it
shall be considered as an aggravating
circumstance.
ARTICLE 15. Their Concept
Definition
Are those which must be taken into consideration as
aggravating or mitigating according to the nature and effects of the
crime and the other conditions attending its commission.

Basis
Nature and effects of the crime and the other conditions
attending its commission.
ARTICLE 15. Their Concept
Alternative circumstances:

1. Relationship
2. Intoxication;
3. Degree of instruction and education of the offender.
ARTICLE 15. Their Concept
Relationship - ALT C of relationship shall be taken into
consideration when the offended party is the:
a. Spouse
b. Ascendant
c. Descendant
d. Legitimate, natural, adopted brother or sister, or
e. Relative by affinity in the same degree of the offender
f. Step parents and step child/ren - ascendant and descendant
g. Adopter and adopted - ascendant and descendant
 Intoxication
Must be proved

"when the offender has committed a felony in a state of

intoxication“
the offender's mental faculties must be affected by drunkenness.
Amount of liquor must be of such quantity as to blur the offender's
reason and deprive him of self control.
 Intoxication
Must be proved

"when the offender has committed a felony in a state of

intoxication“
the offender's mental faculties must be affected by drunkenness.
Amount of liquor must be of such quantity as to blur the offender's
reason and deprive him of self control.
 Degree of instruction and education of the offender

"when the offender has committed a felony in a state of

intoxication“
the offender's mental faculties must be affected by
drunkenness.Amount of liquor must be of such quantity as to blur the
offender'sreason and deprive him of self control.
 Degree of instruction and education of the
offender

Note:
Non-habitual intoxication, lack of instruction and obfuscation are not to be taken
separately.
One mitigating circumstance and impose the proper penalty in the minimum period.
 TITLE
Persons Criminally Liable for Felonies

TWO
ARTICLE 16. Who are Criminally Liable
Definition
Are those which must be taken into consideration as
aggravating or mitigating according to the nature and effects of the
crime and the other conditions attending its commission.

Basis
Nature and effects of the crime and the other conditions
attending its commission.
ARTICLE 16. Who are Criminally Liable
The following are criminally liable for grave and less grave felonies:
1. Principal
2. Accomplices
3. Accessories
The following are criminally liable for light felonies:
1. Principals
2. Accomplices
ARTICLE 17. Principals

The following are considered principals:

1. Those who take a direct part in the execution of the act;
2. Those who directly force or induce others to commit it;
3. Those who cooperate in the commission of the offense by
another act without which it would not have been accomplished.
ARTICLE 18. Accomplices

Accomplices are those persons who, not being included in

article 17, cooperate in the execution of the offense by previous or
simultaneous acts.
ARTICLE 19. Accessories
Accessories are those who, having knowledge of the commission of the crime, and
without having participated therein, either as principals or accomplices, take part
subsequent to its commission in any of the following manners:
1. By profiting themselves or assisting the offender to profit by the effects of the crime.
2. By concealing or destroying the body of the crime, or the effects or instruments
thereof, in order to prevent its discovery.
3. By harboring, concealing, or assisting in the escape of the principal of the crime,
provided the accessory acts with abuse of his public functions or whenever the author of
the crime is guilty of treason, parricide, murder, or an attempt to take the life of the Chief
Executive, or is known to be habitually guilty of some other crime.
 ARTICLE 20. Accessories Who are Exempt from
Criminal Liability
The penalties prescribed for accessories shall not be imposed
upon those who are such with respect to their spouses, ascendants,
descendants, legitimate, natural, and adopted brothers and sisters,
or relatives by affinity within the same degrees, with the single
exception of accessories falling within the provisions of paragraph
1 of the next preceding article.
END OF
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