Article 15

ALTERNATIVE CIRCUMSTANCES
Relationship
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Relationship as an absolutory cause in the theft, estafa or malicious mischief

where the victim is the spouse, ascendant, descendant, widow, brother or
sister, or relative by affinity in the same ground of the accused (Art. 332)
The accused must be living in the same house as that of the offended party
Generally, is mitigating in crimes against property, as in trespass, robbery or
arson
Always aggravating in crimes against persons if the crime is committed is a
grave felony (relative of higher/lower degree) e.g., serious physical injuries,
parricide, homicide or murder, mitigating if light or less serious, e.g., slight
physical injuries where victim is of a lower degree and aggravating if the
victim is of a higher or equal degree.
Serious, less, or slight physical injuries must be specifically indicated
Less or slight depends on the degree of the relative
Relationship of stepparents and step children is analogous to ascendant,
descendant due to the mututal duties arising from their relation.
Similar principle should apply to adopter and adoptee.
Relationship between uncle and niece, aunts and nephews not contemplated
in Article 15

Intoxication:
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Mitigating if not habitual or subsequent to the plan to commit the felony

Accidental or prior to any criminal resolve intoxication was more out of
impulse or a delusion born of alcohol.
o Mitigating
o No evidence of a plan, or being intentional
Habitual drunkards or if the accused already resolved to commit the crime
who then hot intoxicated so as to fortify the resolve with the false courage
dictated by liquor, AGGRAVATING.
o Evidence of habitualness of drinking.
Needs to be proven that there was a plan.
No hard and fast rules on the amount of liquor
Test is that it must sufficed to affect mental faculties to the extent of blurring
his reason and depriving him of self-control
Regardless of the degree of inebriation, intoxication can never be an
exempting circumstance (alternative ci
Being under the influence of alcohol, any illicit drug or any other mind altering
substance shall not be a defense under the Anti violence against women and
their children Act of 2004 (Sec. 27, RA 9262)

Instruction or Education
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Does not refer only to literacy but more to the level of intelligence of accused.

Refers to the lack of sufficient intelligence and knowledge of the full

significance of ones acts.
As a general proposition, lack of sufficient education is mitigating.
Being able to finish grade one is sufficient in the level of intelligence.
o

Not mitigating in:

Crimes against property (arson, estafa, theft, robbery)
Inherently wrongful, no reflection is needed
Crimes against Chastity (always aggravating)
Treason

Generally not mitigating in murder and homicide

But was mitigating where offender was ignorant and lived away from civilized
communities
o As when he believed in witchcraft
Muslim accused of robbery sought mitigation because he belonged to a
cultural minority. Supreme Court rejected the argument. It now cannot be said
of any member of a cultural minority that he is uncivilized (P v. Macatanda, GR
51368)
Robbery and killing are by their very nature just as wrong to the ignorant as
they are the enlightened (P v. Salip Manla, GR No. L-21688)