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CHAPTER THREE_ CIRCUMSTANCES WHICH MITIGATE CRIMINAL LIABILITY (ART 13).
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CHAPTER THREE_ CIRCUMSTANCES WHICH MITIGATE CRIMINAL LIABILITY (ART 13).
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CHAPTER THREE: CIRCUMSTANCESWHICH MITIGATE CRIMINAL LIABILITY
(ART 13)
1. "Incomplete self-defense, defense of relatives, and defense of a stranger" -
ANS-unlawful aggression is an indispensable requisite
when two of the three requisites mentioned therein are present (i.e. unlawful aggression
and any one of the other two), the case should be considered a privileged mitigating
circumstance referred to in Art 69 of the RPC
but if there is no unlawful aggression, there could be no self-defense, whether complete
or incomplete
10 Mitigating Circumstances
JALS-VOSc-PIO - ANS-1. incomplete JUSTIFYING or exempting circumstances;
2. when offender is over 15 but under 18 yrs of AGE who acted with discernment or
when he is over 70 yrs old;
3. LACK of intention to commit so grave a wrong as that committed;
4. SUFFICIENT provocation or threat on the part of the offended party;
5. VINDICATION of a grave offense;
6. passion or OBFUSCATION;
7. voluntary SURRENDER or voluntary CONFESSION of guilt;
8. PHYSICAL defect of offender;
9. ILLNESS of offender diminishing his willpower; and
10. OTHER similar reasons or analogous circumstances (RPC, Art 13)
,2. "Incomplete justifying circumstance of avoidance of greater evil or injury" - ANS-if any
of the last two requisites is absent (i.e. injury feared be greater than that to avoid it or
there be no other practical and less harmful means of preventing it)
3. "Incomplete justifying circumstance of performance of duty" - ANS-in People v. Oanis,
where one of the two requisites under par 5 of Art 11 was present; Art 69 (privileged
mitigating circumstance) was applied
the SC held that there is no ordinary mitigating circumstance under Art 13 (Par 1) when
the justifying or exempting circumstance has two requisites only
4. "Incomplete justifying circumstance of obedience to an order" - ANS-the order must
always be from a superior
5. "Incomplete exempting circumstance of minority over 15 and under 18 yrs of age" -
ANS-under RA 9344, a child above 15 yrs but below 18 yrs of age shall be EXEMPT
from criminal liability but subject to intervention UNLESS he/she acted with
discernment, then he shall undergo diversion programs (RA 9344, Sec 6)
6. "Incomplete exempting circumstance of accident" - ANS-the lawful act must be
committed without dolo or culpa
if the act is committed with dolo, the crime is intentional felony wherein the penalty
prescribed by law shall not be adjusted
if the act is committed with culpa, the penalty prescribed under Art 67 or 365 shall be
imposed
in effect, there is a mitigating circumstance because the penalty is lower than that
provided for in intentional felonies
7. "Incomplete exempting circumstance of uncontrollable fear" - ANS-if only one of the
two requisites are present, there is only a mitigating circumstance
Agent of a person in authority - ANS-he is one who, by direct provision of the law, or by
election, or by appointment by competent authority, is charged with the maintenance of
public order and the protection and security of life and property and any person who
comes to the aid of persons in authority (RPC Art 152, as amended by RA 1978)
, the offender himself should surrender
if it was his superior who surrendered him to the custody of the court, such is not a
voluntary surrender contemplated by law (People v. Acuram)
Art 13 enumerates ordinary mitigating circumstances. However, in case of: - ANS-a.
Minority - it is never ordinary but is always privileged mitigating if not altogether
exempting
b. incompleteness of the requisites to exempt from criminal liability or justify the act
becomes privileged mitigating when majority of the requisites are present under Art 69
(1)
Cases NOT constituting voluntary surrender - ANS-1. the surrender made after 14 days
from the date of killing cannot be considered voluntary since his act did not emanate
from a natural impulse to admit the killing or to save the police officers the effort and
expense that would be incurred in his search and incarceration (People v. Agacer)
2. surrender is not voluntary where the accused went to the Barangay Chairman after
the killings to seek protection against retaliation of the victims, relatives, not to admit his
participation in the crime (People v. Del Castillo)
3. when it was the police authorities who came to the factory looking for accused, and
when accused was approached, he did not offer any resistance and peacefully went
with them (People v. Flores)
4. going to the police station to make an inquiry is not a mitigating circumstance of
voluntary surrender since he did not submit himself ot authorities to acknowledge his
guilt (People v. Verceles)
5. surrender of weapons used to commit the crime to the authorities is not considered
as a mitigating circumstance analogous to voluntary surrender (People v. Verges)
Circumstances which are neither exempting nor mitigating - ANS-1. mistake in the blow
or aberratio ictus;
2. mistake in the identity;
3. entrapment
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