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CIRCUMSTANCES AFFECTING CRIMINAL LIABILITY the accused; reasons for the commission.

For example: alibi, self defense;


insanity, mistaken identity.
I. Classification: In general the circumstances are either (i) defenses or (ii)
modifying circumstances III. Modifying Circumstances- those which will either increase or decrease the
penalty. They are called mitigating or aggravating circumstances
II. Defenses: those which if proven may result to an acquittal of the offender
from the crime charged or lead to non-criminal liability. They are the reasons IV. Circumstances Recognized in the Philippines.
advanced by the accused why he may not be held criminally liable.
They are found either in the Revised Penal Code, Special Laws or in
They are classified into the following: jurisprudence. The defenses and modifying circumstances governed by the
RPC include the following:
A. As to form:
A. Justifying Circumstances- These are the defenses in which the accused
1. Positive or Affirmative- They are often called defenses in the nature of is deemed to have acted in accordance with the law and therefore the act
“Admission and Avoidance”. The accused admits authorship of the act or is lawful. Since the act is lawful, it follows that there is no criminal, no
omission charged and imputed to him but he puts up matters to avoid criminal liability and no civil liability, save in paragraph 4.
criminally liability or which will result to his acquittal.
All the Justifying, Exempting and Absolutory Causes are Affirmative 1. There is no mens rea or criminal intent
defenses. 2. The circumstances pertain to the act and not to the actor. Hence all who
participated in the act will be benefited. Thus if the principal is acquitted
2. Negative- the accused denies authorship or having performed the act or there will be no accomplices and accessories.
omission imputed to him. Examples are denial, alibi, mistaken identity. 3. These apply only to intentional felonies, not to acts by omissions or to
culpable felonies or to violations of special laws
B. As to Effect: 4. They are limited to the 6 enumerated in Article 11.

1. Total or Perfect- those the effect of which will totally exonerate the B. Exempting Circumstances- These are defenses where the accused
accused. Example: a complete justifying circumstance, amnesty committed a crime but is not criminally liable. There is a crime, and there
2. Partial- those which are intended to lessen the liability of the accused. is civil liability but no criminal.
They include proof the offense is a lesser offenses, or that it is of a lower
stage of execution, that the accused has a lower participation and is not the 1. The basis is the lack of any of the elements which makes the act/omission
principal . voluntary, i.e. freedom, intelligence, intent or due care.
2. These defenses pertain to the actor and not the act. They are personal
C. As to source: to the accused in whom they are present and the effects do not extend to
the other participants. Thus if a principal is acquitted, the other principals,
1. Legal- those provided for by statutes or by the constitution. For example: accessories and accomplices are still liable.
prescription of crimes, marriage of the offender and offended; pardon, 3. They apply to both intentional and culpable felonies and they may be
double jeopardy, amnesty. available in violations of special laws.
2. Factual- those based on the circumstances of the commission of the 4. They are limited to the 7 enumerated in Article 12.
crime relating to the time, place, manner of commission; identification of
C. Absolutory Causes- These are defenses which have the same effects as B. Since the accused has admitted authorship of the act or omission, it’s
the exempting circumstances but they are not among those enumerated in not anymore necessary for the prosecution to prove his participation in the
Article 12. They are found in certain Articles of the Revised Penal Code or commission of the crime or his identity, hence there may be a revere order
are developed by jurisprudence. of trial in that it will be the accused who will be the first to present his
evidence
1. They are based on public policy C. It is incumbent upon the accused to prove his defense by” clear, positive
2. Examples of those in the RPC include: non-liability for an attempted and convincing evidence” and his conviction is not that the prosecution
felony due to voluntary desistance; Death/Physical Injuries Under failed to prove his guilt but that he was unable to prove his defense.
Exceptional Circumstances
3. Those recognized and developed by jurisprudence include: mistake of -o0o-
fact, set-up/frame up, instigation

D. Mitigating Circumstances- Those which when present results either to: CONSTITUTIONAL DEFENSES
(i) the penalty being reduced by at least one degree or (ii) the penalty shall
be imposed in its minimum period. They are those enumerated in Article I. Defenses based on a Violation of the Due Process Clause
13.
A. The Statute is VOID-FOR- VAGUENESS PRINCIPLE
E. Extenuating Circumstances- .Those which have the same effect as
mitigating circumstances but are not among those enumerated in Article 1. Due Process requires that the terms of a penal statute must be
13 but are provided for in certain articles of the RPC and apply only to sufficiently explicit to inform those who are subject to it what conduct on
certain felonies. They are called “Special Mitigating Circumstances”. their part will render them liable to its penalties.

1. Examples: Abandonment in case of adultery; Release of the victim within 2. The Doctrine that a penal; statute is unconstitutional if it does not
3 days with the purpose not attained, in the felony of Slight Illegal reasonably a person on notice as to what the person may not do, or what
Detention the person is required to do. As a rule a statue maybe said to be vague
when it lacks comprehensible standards that “men of common intelligence
F. Aggravating Circumstances- Those which when present will result either must necessarily guess at its meaning and differ as to its application” It is
to: (i) a change in the nature of the offense as to make it more serious and repugnant to the constitution in two aspects: (a) it violates due process for
result to the imposition of a higher penalty (ii) the penalty being imposed failure to accord persons, especially the parties targeted by it, fair notice of
in its maximum period. They are provide for by the Revised Penal Code as the conduct to avoid and (b) it leaves law enforcers unbridled discretion in
well as by special laws. carrying out its provisions and become an arbitrary flexing of the
government muscle.
G. Alternative Circumstances- those which may either be appreciated as
mitigating or aggravating. They are enumerated in Article 15 of the RPC. 3. However an act will be declared void and inoperative on the ground of
vagueness and uncertainty, only upon a showing that the defect is such that
IV. Basic Rules on Affirmative Defenses the courts are unable to determine, within any reasonable degree of
certainty, what the legislature intended
A. Justifying Circumstances, Exempting Circumstances, and Absolutory
Causes, are recognized as Affirmative Defenses
Example: An ordinance of the City of Cincinnati that made it illegal for : 2. A statute nondiscriminatory on its face maybe grossly discriminatory in
“three or more persons to assemble on any sidewalk and there conduct its operation. Though the law itself be fair on its face and impartial in
themselves in a manner annoying to persons passing by” appearance, yet, if it is applied and administered by public authority with
an evil eye and unequal; hand, so as to make unjust and illegal
B. VOID FOR OVERBREADTH ( Overbroad) PRINCIPLE discriminations between persons in similar circumstances, material to their
rights, there is denial of equal justice and is prohibited.
1. A penal statue is unconstitutional if its language is so broad that it
unnecessary interferes with the exercise of constitutional rights, even 3. However, the prosecution of one guilty person while others equally guilty
though the purpose is to prohibit activities that the government may are not prosecuted, is not, by itself, a denial of the equal protection of the
constitutionally prohibit. laws. There must be present an element of ”clear and intentional or
purposeful discrimination:” on the part of the prosecuting officials.
2. A statute is overbroad where it operates to inhibit the exercise of
individual freedoms guaranteed by the constitution, such as the freedom
of religion or speech. When it includes within its coverage not only Art. 11. JUSTIFYING CIRCUMSTANCES
unprotected activity but also activity protected by the constitution.
Introduction: The Use of Force Defenses: These are the justifying
3. This principle applies more to felonies or offenses which conflict with the circumstances where the accused is allowed to use force i.e to inflict injury
freedom of expression and association such as prosecution for libel, upon the victim or to destroy property. The force may either be (i) Deadly
inciting to rebellion or sedition, and violation of the Election Code. Force or that which can result to serious physical injuries or even to the death
of the victim and (ii) Non-Deadly but reasonable force.
Example: In Adiong s. COMELEC ( 207 SCRA 712) the court declared as void
that portion of the Election Code prohibiting the posting of election The Use- of-Force-Defenses include (i) self-Defense (ii) Defense of Relative and
propaganda in any place-including private vehicles- other than in the (iii) Defense of Stranger.
designated common poster area.
Par. 1. SELF DEFENSE
C. VOID FOR LACK OF PUBLICITY
I. Concept: When a person uses force and causes injury to another or destroys
1. The Penal Statue was not publicized in the manner provided for by the the property of another, in order to defend his own person, rights, property or
Constitution, such as publication in a newspaper of general circulation or honor against an aggression/attack coming from the victim.
in the Official Gazette. Hence there is no constructive note to the public The elements: It requires proof of the existence of an: (i) unlawful aggression,
and the principle that “Ignorantia legis nemenem excusat” will not apply. (ii) the reasonable necessity of the means employed to prevent or repel the
attack and (iii) the lack of sufficient provocation on the part of the accused.
II. Defenses Based on the Equal Protection Clause The first two are common to the three Use-of- Force- Defenses.

A. DISCRIMINATORY AND SELECTIVE APPLICATION II. First element: There must be present an unlawful aggression coming from
the victim.
1. A Penal Law must apply to all persons who are in the same or similar
situation A. This refers either to:
1. Real or Material Aggression or an attack that has broken out or has attacker persist to grab back the weapon for in such case, there is still
actually materialized. Examples; the act of shooting another’s with a imminent danger tot his life or limb.
gun; hitting another with or without a weapon; trespass to another’s
property; running away with another’s property; uttering slanderous 5. Thus: there must be no appreciable lapse of time between the
words; publicizing or broadcast of libelous matters. unlawful aggression and the act done to repel or prevent it
2. Imminent or one which is at the point of happening. They refer to acts
of the victim which show a clear and positively strong intention to cause 6. Presumption as to the Aggressor: Where there is no direct evidence
harm to the accused, which can only be prevented through the use of who was the aggressor, it may be presumed that the one who was
force. deeply offended by the insult was the one who had a right to demand
These are more than mere threatening attitudes, or oral threats or an explanation from the perpetrator of the insult and he must have
threatening stance or postures been the one who struck first if the proffered explanation was
unsatisfactory ( PP. vs. Ramos, 77 Phil. 4)
B. An aggression is more serious that an act of simple provocation by the
victim. E. At what point may a person attacked put up a defense?

C. This element is the foundation of the Use of Force Defenses. It has to be 1. Retreat-to-the-Wall Principle. –The doctrine which states that before
proven otherwise there is nothing to defend against a person is entitled to use force in self defense he must first attempt to
withdraw from the encounter by giving as much ground as possible and
D. Principles: it is only there is no more place to retreat that he may now use force to
1. The aggression must be “unlawful” i.e the victim was not acting in defend himself.
accordance with laws, or under color of right. Thus the following do not This doctrine is impractical and has been abandoned
constitute “unlawful” aggression: (i) the act of a property owner in
pushing out an intruder for refusing to leave peacefully (ii) the act of a 2. Stand-Your-Ground-When-In-The-Right Principle.- The doctrine
policeman in handcuffing a law violator (iii) the scolding by a teacher of which holds that when a person is attacked in the place where he has a
an unruly student. right to be, he need not retreat but he may immediately use force to
defend himself.
2. The aggression must come from the victim.
a). This is the prevailing doctrine followed. It applies to all especially
3. At the time of the defense, the aggression must still be continuing to law enforcement agents who are expected to stand their ground
and in existence. In the following instances there is no more aggression and to subdue, overcome and arrest criminals.
and if the accused still uses forces, he becomes the aggressor: b) A related doctrine is the Castle Doctrine.-When a person is
a). When the attacker desists, or is prevented or restrained by third attacked in his dwelling (a man’s house is his castle) he is not
persons; or is divested of his weapon, or is overpowered expected to retreat but he may immediately use force to defend
b). When the attacker retreats unless it is to secure a more vantage himself and his dwelling. This is availed of where armed persons
position intrude into a dwelling as it is natural to expect that the armed
persons would use their weapons at any time and upon any occupant
4. Question: When the person attacked was able to wrest the weapon of the dwelling.
or has disarmed his attacker, may he use the weapon against the
attacker? Answer: No because the aggression has ceased unless the F. May the attacker claim self defense?
1. As a rule one who initiates an attack can not claim self defense being deadly weapons) of the attacker and the person attacked, including the
himself the aggressor. reputation of the attacker as a person of violence
2. However he is entitled to an incomplete self defense: (a) if he is met 4. Consider whether under the time and place of the attack, the person
with excessive force in return and is forced to defend himself or (b) attacked can call for immediate assistance
When he withdraws or retreats from the attack but is pursued by the 5. Consider the number of the attackers
intended victim and he had to defend himself.
D. When can Deadly Force be used?
G. Rule when there is an agreement to a fight or when one accepts a
challenge to a fight. Neither one can put up self defense because each is an 1. When there is an attack on a person’s life or limbs i.e he may either
aggressor to the other and both anticipate the aggression coming from the be killed or seriously injured
other. The law leaves them where they are. Except when one is attacked 2. In case of an attack upon one’s property, it must be coupled with an
by the other in violation of the terms and conditions of the fight, such as to attack on the person’s life or limb which promises death or serious
the time, place and choice of weapons agreed upon, then the person bodily harm, otherwise only reasonable force must be used.
attacked may claim self defense. If there is no attack on the person’s life or limb, reasonable force
may still be used as is necessary to protect the property from being
III. Second element: There must be reasonable necessity of the means seized, destroyed or interfered with under the Doctrine of Self Help
employed to prevent or repel the attack. . provided for In Article 429 of the New Civil Code.
3. In case of an attack on chastity, deadly force is allowed if there is a
A. The question is whether the defense is appropriate and commensurate clear intent to rape, which intent maybe negated by the circumstances
to the type, degree, and intensity of the aggression taking into of time and place; if there is no clear intent to rape only reasonable
consideration the place, occasion and surrounding circumstances of the force must be used
aggression. 4. In case of attack on one’s honor or reputation, the use of physical
force is never justified. When one is libeled or defamed, he may fight
B. The reasonableness of the means include two aspects: (1). back with a similar libel or defamation provided it is only to the extent
Reasonableness of the Mode of Defense and (2) Reasonableness of the which is necessary to free himself from the effects of the
Choice of Weapon. A person under attack has the right to defend, but as it libel/defamation. This is called the “ Doctrine of Justified Libel” or
proper for him to sue a weapon and if so, whether the weapon chosen is “ The Privilege of a Reply Doctrine”.
commensurate to the attack. 5. The Principle of Self defense and Use of Deadly Force does not apply
to situations where a person is injured or killed as a result of the
C. The law requires Rational Necessity and Rational Equivalence of installation of Protective Devises/Methods such as by the installation of
Weapons and not Factual Equality, to be determined by considering both live electric wires on a fence, or by attack dogs let loose in one’s yard.
the subjective and objective aspects of the situation. They include the
following: IV. The third element: Lack of Sufficient Provocation on the part of the Person
1. The imminence of the danger as it appeared to the accused coupled Claiming Self Defense.
by the instinct for self-preservation
2. When the attacker is armed, consider the instrument of aggression A. Concept: The person attacked must not have given sufficient reason for
and the means of defense most readily and immediately available to the the victim to attack him.
person attacked B. Provocation: This includes any conduct which excites, incites or induces
3. Consider the physique, size, age, sex, knowledge of martial arts ( the a person to re-act, it is conduct which vexes or annoys, irritates or angers
hands and feet of boxers, martial artists, wrestlers, are considered another.
C. This third element is present in any of the following situations:
I. Stranger is any person not a relative.
1. When no provocation at all was given by the accused.
When a property owner angrily demands why the victim built a fence II. The third element: The Person Defending Should Not Be actuated by
on his land, which in turn angered the victim to attack the accused, such Revenge, Resentment, or Other Evil Motive
conduct on the part of the accuse is not provocation.
A. The accused must prove he acted out of an honest desire to save the life
2. When there was provocation but it was not sufficient i.e. it may have or limb or property of the stranger and not because his true intention was
vexed or annoyed but was not sufficient for the victim to make the kind to harm the victim. If otherwise he is deemed to be committing a crime
of attack he employed upon the accused. The sufficiency must be there being present the elements of actus reus and mens rea.
measured in relation to the reaction of the victim
B. QUESTION: Suppose it was the stranger who gave provocation? The
3. When sufficiency provocation was given but it was not immediate to accused is entitled to this defense.
the attack

D. Examples of sufficient provocation: RELATED PRINCIPLES TO THE


1. Imputing to the victim the utterance of vulgar language USE OF FORCE DEFENSES
2. Trespassing into the property of the victim
3. Jokes made in poor taste or bad mouthing the victim I. Rationale behind these defenses:
4. Destroying the victim’s property A. For self defense: 1. It is the natural and inherent right of every person to
defend himself 2. The state can not protect its citizens at all times hence it
DEFENSE OF RELATIVE gives them the right to defend themselves
B. For Defense of Relative: It is in recognition of the strong ties of blood i.e
I.. Relative: They refer exclusively tot eh a persons’ spouse, ascendant, blood is thicker than water.
descendant, brothers of sisters; relatives by affinity in the same degree; and C. For Defense of Strangers: What a man can do in his defense, another can
by consanguinity within the 4th civil degree do for him.

II. The third element: The One Defending Had No part in the Provocation. II. Cases in which the Principle of Self Defense Applies
A. Defense of Life and Limb
A. This is present in the following instances: B. Defense of Property
1. The relative defended did not give any provocation at all C. Defense of Honor/Reputation
2. If the relative gave provocation, the one defending was not aware of D. Defense of Chastity
it E. Defense of Civil, Political and natural Rights
3. If the relative gave provocation, the one defending did not participate
either actually or morally, as by encouragement III. Factors Affecting the Credibility of the Defenses

B. Even if the person defending acted out of evil motive, such as revenge, A. The claim of self defense, ( as well as of relative and stranger) are
this defense is still available inherently weak and easily fabricated, and must be corroborated by
independent evidence
DEFENSE OF A STRANGER
B. The location, number and nature of the wounds of the victim must be . A lawyer who writes a reply-letter describing the adverse party as
considered and may disprove the claim of self-defense untruthful and hypocrite
C. The lack of wounds of the accused may disprove self defense and proof
the lack of aggression on the part of the victim IV. Application in Relation to Law Enforcers Who Used Force and kill or Injure
D. A refusal to give a statement upon surrendering, or non-assertion Suspects/accused
thereof, is inconsistent with a claim of self defense. A claim of self-defense,
if true, must be asserted promptly. 1. Cabanlig vs. Sandiganbayan ( July 28, 2005)

Par. 5 Any Person Who Acts in Fulfillment of a Duty FACTS: A suspect who was onboard a police vehicle, suddenly grabbed the
Or In Lawful Exercise of a Right or Office armalite rifle of one of the policemen and jumped from the vehicle. One of
( Trabaho lang walang personalan) the policemen shouted “hoy” and the accused policeman simultaneously
shot the suspect three times resulting to the death of the suspect. Is he
I. Requirements/Elements policeman liable for the death of the victim?
A. The accused was in the actual performance of a duty or in the lawful .
exercise of a right or office HELD: No. He acted in lawful performance of duty.
B. He caused harm or injury to another as a necessary consequence of the
performance of his duty or exercise of a right or office A policeman in the performance of duty is justified in using force as is
C. He was not negligent or that there was no abuse, or excess or oppression reasonably necessary to secure and detain the offender, over come his
on the part of the accused resistance, prevent escape, recapture him if necessary and protect himself
form bodily injury. In case injury or death results from the policeman’s
II. The term office or duty does not necessarily refer to a public office or public exercise of such force, the policeman could be justified… if the policeman
duty as it is to be understood in its generic sense. It includes private office or had used necessary force. Since the policeman’s duty requires him to
employment or duty as well as the exercise of a calling or a profession or overcome the offender, the force exerted … may there fore differ from that
occupation. which ordinarily may be offered in self-defense. However, a policeman is
never justified in using unnecessary force or in treating the offender with
III. Illustrations: wanton violence, or in resorting to dangerous means when the arrest could
be effected otherwise. ( Cabanlig vs. Sandiganbayan ( July 28, 2005).
A. When injuries are inflicted on a suspect who resists a valid arrest
B. Shooting an escaping prisoner in order to immobilize and prevent his 2. Re: Duty to Issue Warning.
escape, even if the shooting resulted to his death. But not shooting him
again after he was already immobilized, or he gives up The duty to issue a warning is not absolutely mandated at all times and at
C. Killing of rebels by soldiers is not homicide or murder; or destruction of all cost, to the detriment of the life of law enforcers. The directive to issue
private property in a firefight between rebels/criminals and soldiers/law a warning contemplates a situation where several options are still available
enforcers to the law enforcers. In exceptional circumstances… where the threat to
Amputation of patients by physicians in order to save their lives the life of a law enforcer is already imminent, and there is no other option
D. Lawyers calling witnesses as liars are not liable for defamation or unjust but to use force to subdue the offender, the law enforcer’s failure to issue
vexation a warning is excusable. ( Cabanlig vs. Sandiganbayan) case:
E. Scolding lazy students by teachers is not defamation
F. Executioners are not criminally liable Par. 6. Obedience to a Lawful Order of a Superior
I. Concept and Elements: Any person who acts in obedience to an order issued either wait for their husband to kill them or strike first in a form of offensive
by a superior for some lawful purpose. This presupposes that a person carried self-defense.
out the order of his superior but in so doing he cause armor injury to another.
He is not libel provided the following elements are present: c). Development in the Philippines

A. An order was issued by a superior acting within the sphere of his lawful 1. The Case in which it was first recognized was People vs. Marivic Genosa, Jan
rights 15, 2004 419 SCRA 537) involving a wife who was convicted of Parricide for
B. The order is for some lawful purpose killing her husband who was sleeping.
C. The means to carry out the order is lawful
a). Battered woman: a woman who is repeatedly subjected to any forceful
II. The term “superior” includes any person higher in rank to the accused and physical or psychological behavior by a man in order to coerce her to do
who is entitled to demand obedience form the accused. Such rank is not something he wants her to do without concern for her rights.. (they) include
necessarily in the AFP or PNP but includes both public and private employment wives or women in any form of intimate relationship with men. Furthermore,
and extends even to rank in social standing or in personal relations. in order to be classified as a battered woman, the couple must go through the
cycle at least twice”
The Battered Woman Syndrome
b) Battered women exhibit common personality traits, such as low self
1. Legal Provision: Created under R.A. 9262 known as the “Anti Violence esteem, traditional beliefs about home, the family and the female sex role;
Against Women and their Children Act of 2004” emotional dependence upon the dominant male; the tendency to accept
responsibility for the batterer’s action; and false hopes that the relationship
Section 26: Battered Woman Syndrome as a Defense: Victim-survivors who are will improve.
found by the courts to be suffering from battered woman syndrome do not
incur any criminal and civil liability notwithstanding the absence of any of the c) The syndrome is characterized by the so called “Cycle of Violence” which
elements for justifying circumstances of self-defense under the Revised Penal has three phases:
code.
(i) The Tension Building Phase: minor battering occurs:
In the determination of the state of mind of the woman who was suffering it could be verbal or slight physical abuse or other form of
from battered woman syndrome at the time of the commission of the crime, hostile behavior. The woman tries to pacify the man
the courts shall be assisted by expert psychologists. through a show of kind, nurturing behavior; or by simply
staying out of his way. What actually happens is that she
2. Concept allows herself to be abused in way that to her fare minor.
Alls he wants is to prevent the escalation of the violence.
a). It is a psychological condition in which a woman commits physical violence But her placatory and passive behavior legitimizes his
against her husband or mate as a result of the continued physical ort mental belief that he has the right to abuse her.
abuse to which he has subjected her.
(ii). The Acute Battering Phase: this is characterized by
b). Under this defense a woman who is constantly abused by her husband may brutality, destructiveness an, sometimes death. The
be justified in using force at a time when there is not strictly “immediate woman deems this incident as unpredictable yet also
danger”. The theory is that women in such circumstances have two choices: inevitable. She has no control: only the man can put an end
tog the violence She realizes that she can not reason with
him and that resistance would only exacerbate her a). They are modifying circumstances which when present will produce the
condition. She has a sense of detachment although she effect of the divisible penalty being imposed in its maximum period, or which
may later clearly remember the details. Her apparent will change the nature of the crime as to make it more serious as to call for the
passivity is because the man is stronger physically and it is imposition of a higher penalty.
useless to fight back b). They indicate a greater perversity on the part of the accused, an unusual
criminality and dangerousness as shown by his motives, his choice of the time
(iii). The Tranquil, Loving or Non-Violent Phase. The and place of the commission of the crime, or in the manner of its commission,
couple experience profound relief. On one hand the man or in the choice of the victim.
shows a tender and nurturing behavior and he knows he c). They arise either prior to or simultaneous with the commission of the
has been viciously cruel and tries to make up for it begging crime
her forgiveness and promising never to beat her again. The
woman also tries to convince herself that the battery will II. CLASSIFICATION
never happen again; that her partner will change for the
better; that this good, gentle and caring man is the real A. Generic or those applicable to all crimes such as habituality
person she loves. B). Specific or those applicable only to certain crimes such as cruelty,
ignominy and treachery which apply only to crimes against persons
d). The foregoing cycle happens because: (i) the woman believes that the C). Ordinary or those which may be offset by a mitigating circumstance and
violence was her fault (ii) the woman fears for her life and her children’s lives which if not offset, will result to the divisible penalty being imposed in its
(iii) the woman has an irrational belief that the abuser is all powerful and that maximum period
she is beer off with him than without him for financial reasons and (iv) Love: D.) Qualifying or those which will change the nature of the offense by
inspite of constant assault, after a little cajoling, the woman is convinced that making it more serious
the man still loves her. E) Special: those which arise under special conditions and cannot be offset
by a mitigating circumstance such that it is mandatory that the penalty is
QUESTION: Must there be unlawful aggression at the time of the killing? to be imposed in the maximum period.

In The Genosa case, it was ruled that the accused was not entitled to 1. If there be a Mitigating circumstance it will affect the range of the
complete exoneration because there was no unlawful aggression- no maximum period
immediate and unexpected attack on her at the time she shot him. But the
severe beatings repeatedly inflicted constituted a form of cumulative 2. They are as follows:
psychological paralysis: diminished her will power, thereby entitling her to the a) That the act resulted to a complex crime (Art. 48)
mitigating factor under paragraphs 9 and 10 of Article 13. b).That there was error in personae or mistake in the identity of the
victim (Article 49)
However, RA 9262 has liberalized it in view of the provisions which reads: c). That the accused took advantage of his official position( Article
“… notwithstanding the absence for the elements of self defense…” 62)
d). That the crime was committed by an organized syndicated crime
AGGRAVATING CIRCUMSTANCES group i.e by at least 2 persons organized to commit a crime for profit
(Article 62)
1. CONCEPT: e). That the accused is a quasi-recidivist under Art. 160.
f). That an unlicensed firearm was used in a killing pursuant to P.D.
1866 as amended by R.A. 8294. (Palaganas vs. PP., Sept. 12, 2006)
C. If there are several aggravating circumstances present:
III. SOURCES
1. If they are based on separate and distinct facts, all will be appreciated.
A). The revised Penal Code 2. If they are based on the same circumstance or set of facts, then the
1. The basic source is Article 14 which enumerates the ordinary and Principle of Absorption applies such that only one will be appreciated..
generic aggravating circumstances In crimes against persons for example, treachery is preferred and it will
2. As to the qualifying, special or specific aggravating, they are found in absorb the other circumstances relating to the mode of the commission,
certain specific articles in Book II under the respective titles covering the but it will not absorb the circumstance that the crime was committed in
crimes to which they apply consideration of a price, promise or reward.
3. In case of qualifying circumstances, those which are not absorbed will
For example: (i). In Art. 125 as to those which qualify piracy, (ii) Art. 248 be considered as ordinary aggravating
as to those which qualify homicide to murder,(iii) Art. 310 as to those
which qualify theft (iv) article 338 as to those which qualify seduction
B). Special Laws Those under Article 14
i). The Dangerous Drugs Law of 2002 provides the circumstance of
having been found positive for the use of dangerous drugs 1. That the accused took advantage of his official position
ii). The Heinous Crime Law such that Reclusion Perpetua (death) shall
be imposed in the crime of carnapping if murder, homicide or physical 1. This is now a special aggravating under R.A. 7659 ( Heinous Crime Law)
injuries were committed; or in the crime of Kidnapping amending Article 62. If the crime is Violation of the Child Abuse Law, the
iii). RA 8294 which provides the circumstance of “use of unlicensed penalty shall be in the maximum.
firearm in the commission of murder or homicide” 2. Applies only to an offender who is a public officer who used the influence,
iv). The Anti Rape Law enumerates several qualifying circumstances of prestige, or ascendancy of his office as a means to realize his purposes or to
rape commit eh crime. Did he abuse his office to commit the crime?
v). R.A. 7610 “ The Special Protection of children Against Abuse, 3. Does not apply where being a public officer is inherent in the crime like
Exploitation and Discrimination Act” ( 1992) which provides that if the those under the Title “Crimes By Public Officers”
victim is below 12 years of age, the penalty for the crimes of murder, 4. Examples: (a) A Jail Warden who orders the guard to beat up an inmate (b)
homicide, intentional mutilation, and serious physical injuries shall be A Police officer who orders his subordinates to steal or rob or maul (c) a Judge
reclusion perpetua ; and incase of qualified seduction, acts of who detained his debtor for contempt of Court for refusing to obey the Judge
lasciviousness, corruption of minors and white slave trade, the penalty Order for the debtor to appear in the sala of the Judge
shall be one degree higher than that imposed by the Revised Penal
Code. 2. In Contempt of, or with Insult to Public Authorities

IV. PRINCIPLES IN THE APPRECIATION 1. Public Authorities refer to persons in authorities and not to their agents.
Note that teachers and lawyers are persons in authority for purposes of direct
A. Those which are inherent in the crime i.e those which must of necessity assault but not under this article. What about Chiefs of Police? Yes, in places
accompany the crime have no effect, such as dwelling in trespass, disregard where they are allowed to prosecute in the absence of a public prosecutor.
f respect due to the sex in crimes against chastity
B. All aggravating must be alleged in the Information in such a manner as 2. The public authorities are not the victims of the crime but that the crime
to including a statement of the facts which support their existence. A was committed in the presence, view or hearing of the public authorities, and
general allegation is not sufficient. the accused knows them to be such.
3. Disregard of Respect due the offended party by reason of 3. Dwelling: refers to any structure habitually used by a person as his place of
(a) Rank (b) Age (c) Sex or that the crime was committed in the rest, comfort, privacy and peace of mind. It may be man-made or a natural
(d) Dwelling of the offended party habitat, as a cave used as residence. What is emphasized is not the appearance
but the purpose or use thereof.
1. There must be a conscious or deliberate disregard of the respect due to the
offended party so that these are incompatible when offender acted under a) This includes the basic structure and the dependencies which are either
passion, vindication or diminished will power, or was intoxicated. (i) those so continued with it as to be considered integral parts thereof such
as the roof, stairways, balcony or (ii) any structure attached to the main
2. Age, sex and rank apply only to crimes against persons or honor structure with a connecting door. Example: store, garage, restaurant,
internet –café
a). Age: the victim is either advanced in age or is relatively young, in b) A person may have several dwellings such as (i) residential dwellings (ii)
relation to the accused. business dwellings (iii) social dwellings (iv) dwellings for educational
i).There must be a disparity in their age, not when both are in the purposes (v) recreational dwellings. For example: the dwelling of a
same age level mistress; hotel rooms or suites reserved for business or social functions;
ii). This is inherent if the accused is charged with Child Abuse under dormitories and boarding houses of students; a vacation cottage
R.A. 7610 but in cases where the victim of death is a child below 12 c). The victim may be the owner, the lessee, a boarder, a stay-in employee,
years, the penalty shall be in the maximum, or one degree higher in or a temporary visitor
cases of qualified seduction, acts of lasciviousness with the consent
of the minor, corruption of minors and white slave trade d). This is present in the following:
i). when the accused actually entered the dwelling and committed a
b). Sex. The victim is a female and the accused is a male but this does not crime therein, whether the commission was previously intended or not
apply to crimes where sex is inherent as in abuses against women under ii). When the accused was outside, the act was committed outside but
R.A. 9262. the effect or crime was produced inside the dwelling
iii). When the crime was started outside but it continued and was
Under R.A. 7610 and RA 9262, there is an aggravating circumstance consumated inside the dwelling
consisting of the fact that the victim is a “Child” who is either (i). below 18 iv). When the crime started in the dwelling even if continued and
years of age, or (ii). is over 18 but is unable to fully take care of himself or consumated outside the dwelling.
protect himself from abuse, neglect, cruelty, exploitation or discrimination v). When the victim was taken from inside the dwelling and then
because of a physical or mental disability or condition.” brought outside where the crime was committed on his person

c). Rank: the victim is entitled to respect due to his social standing, high e) This is not present when :
position or station in life, or employment, from one who is aware thereof i). The victim gave sufficient provocation
and is lower in rank or position. Examples: ii).The accused is also an occupant of the same dwelling
i). Assault on the Company President by an employee thereof iii). Dwelling is inherent in the crime as in robbery with force upon
ii). Attacking the head of a church by a member things, trespass to dwelling, violation of domicile

N.B.: Should there be not be abuse of rank on the part of the accused if he 4. With Abuse of Confidence or Obvious Ungratefulness
is higher in station and he uses this to commit a crime against one lower in
rank?
1. Abuse of confidence requires the existence of a relationship between the 2. Any of these places must have been purposely sought for or they were
accused and victim by reason of which the victim reposed trust and had deliberately chosen. Example: a thief who plies his trade inside church while
confidence on the accused, but which the accused abused or took advantage victims are busy with their prayers
of in order to commit the crime.
6. (a) Nocturnity (b( Uninhabited place and (c) band
2. The relationship which involved trust may be:
1. Nocturnity or nighttime: refers to the period of darkness between sunset
a). Created by contract such as employment: as in the case of a body and sunrise or from dawn to dusk
guard, baby sitter, secretary, house help and domestic helps, a lawyer
b). Created by law as an appointed Guardian, an adoptive parent a). The crime must be wholly committed at night and not when it started
c). By Blood, such as between close relatives at daytime and ended at night time or that it began at night time and was
d) By Affinity as between in-laws consummated at daytime. In short it began and ended at night.
e) By close association and membership in some common organization b). The emphasis is the absence of day light hence night time is not
or group as fraternal group, teacher-pupil, church leaders-members, appreciated if the place is well lighted or illuminated, or it takes place
f) By Human relationships such as between lovers, friends, roommates inside a public establishment, even if dimly lighted as in nite clubs
c). That the crime was at night time should not be an accidental fact.
3. Obvious ungratefulness or ingratitude presupposes that the accused was
the recipient of some gratuitous act or benevolence or liberality from the d). The two test to determine its presence :
victim for which he ought to have been grateful, but instead he committed a (i) The Subjective Test: that the accused purposely sought the night.
crime against the said victim. He could have committed the crime during day time but he waited for
night time
Examples: the accused pick pocketed the doctor who save his life; a guest (ii) The Objective Test: the accused took advantage of it in order to
attacked his host; the accused stole from one who loaned money to pay off a (a) facilitate the commission of the crime (b) hide his identity (c) prevent
debt; boxing the finder of one’s lost property or who protected a missing aid from coming to the victim (d) minimize the defenses of the victim or
relative. (e) facilitate his escape

5. Commission of a Crime in Certain Places e). Maybe absorbed in treachery if it forms part of the attack.

1. The specified places are : (a) palace of the chief executive even if absent, i.e 2. Uninhabited Place or Solitude (despoblador): may mean either:
malacanang and the mansion, These represent the seat of sovereign authority
and must therefore be respected (b) any other place where the president is (a) Uninhabited in that there are no persons habitually staying thereat such
present, provided that the crime was committed within his view or hearing or as the sea, a forest or the stretch of the beach
so near as to disrupt or disturb the president; like when the president is (b) the place is isolated in that it is far from where people reside, or if there
making the rounds in the market to check on prices ,or where he goes to cut are houses, they are few and distant to one another. Thus help to the
ribbons, or even play golf (c) where public authorities are in the actual victims difficult to come by. Examples: athletic bowl; the road from the gate
performance of their functions, as in their offices, (d) in a place dedicated to of Club John Hay to EPZA; Kennon Road; long stretches of highway; the
religious worship, even if no religious ceremony is going on. farms in the provinces
© As in night time the place must have been purposely sought for
3. Band (cuadrilla) it exist when more than three armed malefactors (bad 3. Habitual Delinquency: this is an extraordinary aggravating circumstance
elements) shall have acted together in the commission of the crime and is covered under Article 62. An additional penalty is added o the
penalty for the crime committed
(a) Armed means all of the accused, not just some, are provided with 4. Quasi Recidivism: a special aggravating in that it cannot be offset by
weapons or means of violence or instruments or tools capable of causing mitigating circumstances and is covered under Article 160
injury to a person. E.g. bladed weapons, stones, sticks
(b) This is considered in crimes against persons, chastity and even property. 9. Recidivism
But this is inherent in Robbery By a Band and in Brigandage
© It is distinguished from Organized Syndicated Crime Group which was a 1. A recidivist is one who, at the time of his trial for one offense, shall have
creation of R.A. 7659 and placed under Article 62. The latter refers to a been previously convicted by final judgment of another crime embraced under
group of two or more persons collaborating, confederating or mutually the same title of the Revised peal Code.
helping one another for purposes of gain in the commission of the crime
2. It is important that: (a) there be two separate convictions so that it can not
7. On the Occasion of a Calamity or Misfortune be considered in contemporaneous convictions (b) both be felonies and are
found in the same title i.e. Crimes against persons, against property, against
1. The calamity or misfortune must be serious such as conflagration, chastity and (c) the convictions must follow the chronology of the commission
shipwreck, earthquake, epidemic, tsunami, volcanic eruption, resulting to of the crimes
widespread panic, chaos, confusion and a break down of discipline due to
actual or impending danger to lives or to property. 3. It does not prescribe no matter how far ago was the first conviction

2. May be due to an action of nature or to the action of man. Example: looting 4. The accused need not serve the penalty of his first conviction as he may
stores abandoned due to flood have been pardoned or placed under probation because what matters is the
fact of conviction and not service of sentence. The first penalty may be a fine
8. With the Aid of Armed Men or
Persons Who Insure or Afford Impunity 5. Once alleged and proven the court must appreciate it

1. There is no conspiracy between the accused and the armed men. He merely 6. The purpose is to prevent specialization of crimes
calls upon them to intimidate, threaten cow or break the resistance of the
victim. The armed men participate in some minor capacity. 10. Habituality or reiteracion

(REPETITION OF CRIMES) 1. Concept: the accused has previously been punished for an offense to which
the law attaches an equal or greater penalty, or for two or more offenses to
The four forms of repetition of crimes, or those which involve at least two which the law attaches a lighter penalty.
convictions, are: 2. The accused must have served sentence on his previous penalties
3. The prior offenses may be violations of special laws
1. Recidivism: this is ordinary or generic aggravating and is treated under 4. Its appreciation is discretionary with the court
Paragraph 9 of Article 14
2. Habituality: this is also ordinary or generic and is treated under (NOTE: THE CIRCUMSTANCES COVERED UNDER PARAGRAPHS 11 TO 18
paragraph 10 of article 14 ARE LIKEWISE THE QUALIFYING CIRCUMSTANCES OF MURDER UNDER
ARTICLE 148)
4. Examples: opening the irrigation canal to flood the crops or to drown
11. In consideration of a Price, Promise or Reward animals; placing a bomb under a bus; parricide/infanticide by poison

1. This deals with the motive. It involves the giver of the price, promise or 13. With Evident Premeditation
reward known as the Principal by Inducement and the actor as Principal by
Direct Participation. 1. Concept (pre is prior, meditate is to think or to reflect) this means the
2. “In consideration” means the PPR was the sole reason for the commission commission of the crime was the result of cool thought and reflection. The
of the crime. Had it not been for the PPR the accused would not have accused carefully planned and deliberated on the crime. The commission is not
committed the crime. The actor should not have his own reasons for the result of a reflex action or an-on-the-spur of the moment decision.
committing the crime. Thus motive is essential. 2. It must however be shown that the crime was intentionally planned hence
3. The PPR may be in any form: money, chattels, material services. The there must be clear, positive and convincing evidence on the following
recipient may be the actor himself or a person closely associated with him such elements:
as: promise of a promotion or employment of a family member a) the time when the accused decided to commit the crime
b). an act manifestly indicting the accused clung to his determination
12. By Means of Innundation, Fire, Poison, Explosion etc c) the lapse of a sufficient time between the decision and the actual
commission of the crime, such that the accused could have desisted from
1. These artifices used involve great waste, destruction and ruin continuing with his plan but he did not
2. These may be (a) inherent in the crime as in Crimes Involving Destruction 3. This is however inherent in crimes against property, such as in theft, robbery
under Article 332 or (b) they constitute the crimes in themselves, as in Arson and estafa. But in Robbery with Homicide, the premeditation must be to cause
death in the course of the robbery
3. In cases where both burning and death occurs, in order to determine what 4. In cases of aberration ictus, it does not apply unless the accused determined
crime/crimes was/were perpetrated- whether arson, murder, or arson and to kill not only the intended victim but others who might help or interpose a
homicide/murder, it is de rigueur to ascertain the main objective of the resistance
malefactor, thus: 5. Examples: Assassinations, ambuscades, assaults due to a desire for
vengeance
a). If the main objective is the burning of the building or edifice, ( or
enclosure for that matter) but death results by reason or on the occasion 14. Craft, Fraud or Disguises
of arson, the crime is simply arson, and the resulting homicide is absorbed
b). if the main objective is to kill a particular person who may be in a 1. These are referred to as the intellectual means of committing a crime
building or edifice ( or enclosure) when fire is resorted to as a means to because they involve cunning, deception and the use of the intellect
accomplish such goal, the use of fire becomes a qualifying aggravating 2. Both craft (trickery) and fraud (deception) are intended to catch the victim
circumstance and the crime is murder only even if a property is burned unaware and to throw him off guard
c). if the objective is to kill particular person, and in fact the offender has 3. Examples of craft: luring the victim to the killing place; pretending to be
already done so, but fire is resorted as a means to cover up the killing, then relatives or employees of the Post Office to gain entry; pretending to be
there are two separate and distinct crimes committed- homicide/murder collecting agents; pretending to be legitimate passengers of taxicabs and
and arson ( PP. vs. Malngan 503 SCRA 294, Sept. 26, 2006) thereafter the driver is robbed and killed; pretending a person needs help and
d) If a person is killed, then the corpse is burned, the burning constitutes thereby vehicles are stopped in the highway only to be robbed; the modus
the qualifying circumstance of scoffing or ignominy and the crime would be operandi of carnappers of telling the driver to stop due to a defect and then
murder taking over the car when the driver stops
d) If the body of the dead is placed in an enclosure as a car or a house,
4. Examples of fraud: inducing a victim to sleep in one’s house; sending a letter a) that the means, methods or forms of execution are such that the victim
purportedly written by a friend of the victim to lure the victim to come to the was rendered defenseless or was in no position to make a defense and
place where he is robbed. Telling a maid to give money and valuables as his b). that the method of attack was consciously or deliberately adopted and
employer met an accident and needs money for hospitalization; courting a not an on- the spur-of-the-moment decision
lady and pretending to be an ardent suitor
5. Fraud is inherent in estafa by means of deceit 3. This is the qualifying circumstance of murder which is preferred over the
6. Disguise includes all attempt to hide one’s identity in the commission of a others and it usually absorbs the other circumstances which have relation to
crime. It is not limited to wearing mask, moustaches, false glasses but also the means or method of attack such as nighttime, uninhabited place, use of
hiding one’s identity in crimes of libel as hiding under the name” concerned poison or explosion, fire or evident premeditation. If they are not absorbed
citizen” ;or muffling one’s voice. they are appreciated as ordinary aggravating
7. Disguise is not aggravating if the accused was nevertheless identified.
4. Applies even if the crime against persons is complexed with other crimes,
15. Taking Advantage of Superior Strength such as direct assault

1.Concept: the use of excessive force out of proportion to the means of 5. Killing a child is always treacherous
defense available to the victim. It connotes inequality of forces based on
factors such as: (a) superiority in numbers (b) weapons used (c) physique, body 6. Rule as to Frontal Attacks: generally there is no treachery as the victim
built, age, sex (d) others such as the weakened condition of the victim on cannot be said to be unaware as he is face-to-face with his attacker. But not
account of illness, physical defect ort diminished reasoning (e) skill of the (a) if the attack was so sudden, deliberate and unexpected and consciously
accused in unarmed combat or martial arts adopted or (b) if the victim was forced into a position where he is defenseless,
as in the Teehankee case
16. Means Used to Weaken Defense
7. In case the attack was preceded by a quarrel: there is no treachery
1. Example: Throwing sand in the face of the victim; covering him with sack;
pulling down his pants; putting a sleeping pill to get him drowsy 8. In case of Attack from Behind: Generally considered as treacherous if this
mode was consciously adopted.
17. Treachery
9. Rule in case of a continuous attack or if there was a break in the attack.
1. Concept: When the offender commits any of the crimes against persons Applies to situations where, at the time of the infliction of the wound, the
employing means, methods, or forms in the execution thereof which tend victim was defenseless
directly and specially to ensure the execution thereof without risk to himself a). There is no treachery if there was no treachery at the inception of the
arising from the defenses which the victim might make. attack
b) Even if there be no treachery at the inception of the attack but there
The attack comes without warning and in a swift, deliberate and unexpected was a break in the attack, then treachery is to be appreciated
manner, affording the hapless, unarmed, and unsuspecting victim no chance
to resist or escape. 10. Other situations where victim is said to be defenseless:
a) where he was preoccupied: as when he was busy studying or eating or
2. The elements to be proved are watching an ongoing activity or was answering the call of nature, or was
working
b) victim was asleep or resting
c) body was found with hands tied b). The purpose is to prevent the corruption of minors

11. In case of several accused, treachery affects only those who had prior 3. Motor vehicle refers to modes of transporting people and goods ran by
knowledge of or were aware of it motor energy not muscle effort. A bicycle to which is attached a motor is a
motor vehicle
18. Ignominy a) Must be used to commit, or to facilitate the commission of the crime
b) If used to kill a person as by hitting running over him, this may qualify
1. Concept: adding mental torture or insult to the injury. The time, place, and the killing to murder
other circumstances in the commission of the crime are such that they caused c). Examples: (i) transporting the victim on board a car as in abduction or
unnecessary humiliation or embarrassment either to the victim or to the kidnapping (ii) widespread robbery using a vehicle to go around the
surviving relatives neighborhood
2. This is appreciated in crimes against persons, chastity, honor, coercion,
unjust vexation 22. By Inflicting Another Wrong Not Necessary
3. Examples: kissing a girl in public; hanging the victim in a tree; throwing the to the Commission
body in a urinal or garbage pit; removing the pants; boxing the priest who is
saying mass; committing rape dog style 1. May refer either to:
4. This is the only aggravating which may arise after the commission of the
crime; as chopping off the arms and legs or sex organ of the victim after killing a). Cruelty: making the victim suffer slowly and deliberately. It is
him. synonymous to torture or slow death or acts of sadism. It is usually done
by inflicting wounds on the victim while the victim is still alive and at
19. Unlawful Entry intervals of time to cause maximum pain. Or that the method of killing
involves lingering pain or suffering. Example: death by skinning him alive,
1. The entrance is effected by a way not intended for entrance into a dwelling or by slow fire. ( Memory Aid: Pinikpikan)
or in an uninhabited place. The passage is other than the door.
2. The entry must be to commit a crime and not just to violate the dwelling b). Other crimes such as rape, unnecessary deaths or physical injuries are
else the unlawful entry becomes trespass appreciated as aggravating the crimes of robbery with homicide
3. This is inherent in crimes of trespass to dwelling, robbery with force upon
things ARTICLE 15. ALTERNATIVE CIRCUMSTANCES

20. Breaking of a Wall, Roof, Floor, Window 1. Concept: Those which may be considered either as mitigating or aggravating
according to the nature and effects of the crime and other conditions
1. These pertains to the wall, roof, floor of a dwelling and the breaking is for attendant to the crime. They must affect the commission of the crime. They
the purpose of gaining entry in order to commit a crime inside. Else it is are: (i) relationship (2) intoxication and (3) degree of instruction.
attempted trespass or malicious mischief
2. It is inherent in Robbery With Force Upon Things 2. Relationship: This is taken into account when the offended party is the
spouse, ascendant, descendant, legitimate or natural , or adopted brother or
21. (a) With the Aid of a Minor and (b) Use of a Motor Vehicle sister, or relative by affinity in the same degree of the offender.

1. The minor is one below 15. A. Effect of Relationship In general:


a). Suppose the accused is a minor over 15 but below 18? i). As basis for a justifying circumstance
ii).As an absolutory cause under Articles 20, 247 and 332 E. When it is proven that the accused was intoxicated when he committed
iii). As an alternative circumstance under Article 15 the crime, the presumption is in favor of mitigation and it is for the
prosecution to prove it was intentional or habitual.
B. Under Article 15, relatives by consanguinity within the 4th civil degree are
not included. However step parents and step children are included. 4. Degree of Instruction and Education.
A. What is involved is whether or not the accused finished formal education
C. When relationship is appreciated as Aggravating: or schooling. However what is considered is not so much the illiteracy but
i). Where the offense is a grave felony the level of intelligence. The emphasis is the lack of sufficient intelligence
ii). In crimes against chastity and knowledge of the full significance of one’s actions
iii) If the offense is a less grave or light felony, it is aggravating if the i) Some are naturally intelligent and mentally alert though illiterate
victim is a relative of an equal or higher degree while some literates are densely ignorant
ii). Note that the rule does not apply to persons 15 years of age or below
D. When it is mitigating even if naturally intelligent or gifted in secondary school because they
are presumed ot be incapable of forming criminal intent
i) In less grave or light offenses where the victim is a relative of a lower
degree B. Generally it is mitigating, especially to crimes mala prohibita, but not to
ii) In crimes against property as in case by a mother- in- law who stole crimes universally condemned as evil or those which are mala in se
from his son-in -law
C. Aggravating: when the accused has a high degree of education which he
3. Intoxication: Presupposes that when the accused committed the crime, he used or availed of to commit or facilitate the commission of the crime
had taken in alcohol in such quantity as to have affected his mental faculties, i) A law student who used his knowledge to defraud another
blurred his reasoning and diminished his self control. ii) Physician who kills his patients
A. There is no fixed rule as to the minimum quantity of alcohol in- take iii) A handwriting expert who falsifies using his knowledge
required before it is said that a person’s mental faculties had been affected. iv). A Financial Analyst defrauding a business entity
This is dependent on several factors such as the type or kind of liquor taken v) Computer expert who hacks
in i.e. hard vs. soft liquor or wine, brandy vs. gin vs. scotch vs. beer; manner
of in-take e.g. straight or on the rocks or food is taken; as well as the
personal factors such as sex, age, state of health and other factors affecting
the alcohol tolerance of a person.

B. Test: (i) external conduct of a person (ii) breathalyzer to determine if a


person was driving under the influence of liquor (iii) Rhomberg test and
tandem gait, etc
C. It is Mitigating if intoxication is not habitual or intentional such that the
crime is said to be the result of an impulse or urge or delusion due to the
effects of alcohol
D. It is aggravating when the intoxication is intentional i.e. to strengthen
the resolve or to use as shield or excuse or habitual i.e the accused is used
to taking in alcohol as to be alcoholic. However the drinking of wine as an
appetizer is not included.