CIRCUMSTANCES

AFFECTING CRIMINAL
LIABILITY
Articles 13-14, Revised Penal Code
MITIGATING VS
AGGRAVATING
Mitigating
■Operates to DECREASE the penalty
■DO NOT entirely free the actor from
criminal liability.
■Matter of defense
Aggravating
■Operates to INCREASE the penalty
Mitigating (basis)
■Diminution of either freedom of
action, intelligence, or intent, or on
the lesser perversity of the offender.
CLASSES OF MITIGATING
■ Ordinary
■ Privileged – minority re: Article 68;
Article 69; Article 64
■ Specific – applies to a specific felony
(e.g. concealment of dishonor)
 ORDINARY MITIGATING
VS PRIVILEGE
MITIGATING
ORDINARY CAN BE
OFFSET BY AGGRAVATING;
PRIVILEGE CANNOT
Mitigating Circumstances
■ Incomplete justifying or exempting
■ Minority or over 70 years of age
■ No intention to commit to grave a wrong as that committed
■ Offended party’s sufficient provocation
■ Immediate vindication of a grave offense
■ Passion or obfuscation
■ Voluntary surrender
■ Voluntary plea of guilty
■ Deaf and dumb, blind or other physical defect
■ Illness
CLASSES OF AGGRAVATING

■ Generic
■ Qualifying
■ Special/Specific
■ Inherent
AGGRAVATING
■ LOOSE FIREARMS – inherent to homicide,
murder, grave threats, as the case may be)
■ IF EQUAL PENALTY – both penalty will be
carried
■ IF LOWER CRIMES – penalty for loose firearm
shall be imposed
AGGRAVATING
■ Taking advantage of public position
AGGRAVATING
■ contempt or insult to public
authorities
AGGRAVATING
■ insult or disregard of rank, age, sex
■ committed inside the dwelling
AGGRAVATING
■ abuse of confidence
AGGRAVATING
■ palace of the chief executive
■ in his presence
■ where public authorities are engaged in the
discharge of their functions
■ place of worship
AGGRAVATING
■ nighttime
■ uninhabited place
■ by a band

Note: MUST BE CONSCIOUSLY ADOPTED BY THE

OFFENDER
AGGRAVATING

WHAT IS A BAND?
AGGRAVATING
■ Conflagration
■ Shipwreck
■ Earthquake
■ Epidemic
■ Other calamity or misfortune

Note: such OCCASION must be taken advantage

AGGRAVATING
■ aid of armed men

aid of armed men vs by a band?

AGGRAVATING
■ recidivist
■ reiteracion
AGGRAVATING
■ price
■ reward
■ promise
AGGRAVATING
■ means of inundation
■ fire
■ explosion
■ stranding of a vessel
■ derailment of a locomotive
■ any other act involving great waste and ruin
AGGRAVATING
■ evident premeditation
AGGRAVATING
■ craft
■ fraud
■ disguise
AGGRAVATING
■ taking advantage of superior
strength
AGGRAVATING
■ treachery
AGGRAVATING
■ ignominy (humiliation)
AGGRAVATING
■ crime committed after an unlawful
entry
AGGRAVATING
■ means of commission of a crime, a
wall, roof, floor, door or window be
broken
AGGRAVATING
■ aid of persons under 15 years of age
■ use of motor vehicle, airship, etc.
AGGRAVATING
■ cruelty