Alternative Circumstances Flashcards
What are alternative circumstances?
Either aggravating or mitigating according to the nature and effects of the crime and other conditions attending its commission
What are the three alternative circumstances?
o 1. Relationship
o 2. Intoxication
o 3. Degree of instruction/education of offender
What is the scope of relationship under Article 15?
o Spouse
o Ascendant, descendant
o Legitimate, natural, adopted siblings
o Relative by affinity in same degrees
When is relationship aggravating and when is it mitigating?
o Relationship is aggravating in crimes against chastity, whether offender is of higher or lower degree relative
o Relationship is mitigating in crimes against property
When is intoxication mitigating?
o If not habitual, or not pursuant to planning a felony, and affected mental faculties
o It is aggravating if there is habitualness or intentional intoxication
What is the rule on education?
o Low education may be mitigating but never aggravating
o High education may be aggravating but never mitigating
When is the high education of a person aggravating?
When his education puts him in better position than the ordinary offenders. Ex. estafa by a lawyer
