Alternative Circumstances

Question 1

Alternative Circumstances

Answer 1

circumstances either aggravating or mitigating according to the nature and effects of the crime and other conditions attending its commission.

• Relationship
• Intoxication
• Degree of education of the offender

Question 2

Relationship

Answer 2

included exclusively that of spouse, ascendant, descendant, legitimate, natural, or adopted brother or sister or relative by affinity in the same degree

Question 3

Relationship is aggravating

Answer 3

In crimes against chastity, such as acts of lasciviousness and crimes against persons.

Question 4

Relationship is mitigating

Answer 4

crimes against property

Question 5

Relationship is neither mitigating/aggravating

Answer 5

When relationship is an element of the offense. Ex: parricide, concubinage, and adultery

Question 6

Intoxication is mitigating

Answer 6

• offender must have taken a quantity of alcohol prior to the commission of the crime to produce the effect of obfuscating his reason
• not a habitual drinker
• not intended

Question 7

Intoxication is aggravating

Answer 7

• habitual

- intentional

Question 8

Degree of instruction/education mitigating

Answer 8

GR: lack or low degree of instruction is mitigating in all crimes.
XPNS Not mitigating in:
1. crimes against property
2. crimes against chastity
3. murder/homicide
4. rape
5. treason