Art. 13 - Mitigating Circumstances

Question 1

Par. 1

All requisites necessary to justify or to exempt from
criminal liability are not attendant.

Answer 1

Not all requisites are required.
 However, the requisites attendant must not be a
majority, otherwise, it becomes a privileged mitigating
circumstance. (Art. 69)

Question 2

Par. 2

Minority and over 70 years of age

Answer 2

1. above 15 below 18 with discernment
2. 70 yrs. old and above

Question 3

Par 3.

No intention to commit so grave a wrong

Answer 3

1. A felony has been commited
2. There is a notable disparity between the means employed by the offender and the resulting felony.

“…notorious disproportion between evil produced and the means employed to execute it.” (US vs. Reyes, GR No. 12635, September 25, 1917)

Question 4

Par. 4

Sufficient provocation

Answer 4

Provocation must be sufficient and immediately preceding
(there must be no interval of time) the act.
 Provocation must be:
 Sufficient
 Originating from offended party
 Immediate

Question 5

Par. 5

Immediate vindication of a grave offense

Answer 5

1. that there be grave offense to
   the one commiting a felony, spouse, ascendants, descendants, legitimate, natural or adopted brothers or sisters, in laws within the same degree
2. commission of the crime was done in immediate vindication of the said grave offense.

Question 6

Par. 6

Passion or obfuscation

Answer 6

1. That there be an act both unlawful and sufficient to
   produce such condition of mind; and
2. That said act which produces the obfuscation was not far
   removed from the commission of crime for a considerable
   length of time, during which the perpetrator might recover
   his normal equanimity (PP vs Gravino)

Question 7

Par. 7

Voluntary surrender and confession

Answer 7

1. Offender has not been actually arrested.
2. The offender surrendered himself to a person in
   authority or his agent.
3. The surrender is voluntary.

For surrender to be appreciated it must be spontaneous
and unconditiona

Question 8

Par. 8

Deaf, dumb, blind, or other physical defect

Answer 8

The physical defect must restrict the offender’s means of
action, defense or communication with fellow beings.
 The restriction, however, must relate to the mode of
committing the crime.

Question 9

Par. 9

Illness

Answer 9

The illness must diminish the offender’s exercise of will
power without depriving him of the consciousness of his
acts.

Question 10

Par. 10

Analogous circumstance

Answer 10

 Owner of animal that is taken for ransom (vindication)
 Esprit de corps (passion or obfuscation)
 Voluntary restitution of stolen property (voluntary
surrender)
 Extreme poverty and necessity (incomplete state of
necessity)
 Testifying for the prosecution (plea of guilty)