Article 13 Flashcards
Those which, if present in the commission of the crime, do not entirely free the actor from criminal liability, but only serve to reduce the penalty
Mitigating Circumstances
Two classes of mitigating circumstances
- Ordinary mitigating circumstances
- Privileged mitigating circumstances
A class of mitigating circumstances that are enumerated in subsections 1 to 10 of Article 13
Ordinary mitigating circumstances
A class of mitigating circumstances that are enumerated outside of Article 13
Privileged mitigating circumstances
Examples of privileged mitigating circumstances
Articles 68, 69, 64, 268
68: Penalities imposed upon a person under 18 years of age
69: When a crime is not wholly inexcusable
64: Rules for the application of penalities with three periods
268: Voluntary release of a person illegally detained within three days
Distinctions between ordinary and privileged mitigating circumstances
As to nature:
1. O: Can be offset by generic aggravating circumstances
2. P: Cannot
As to effect
1. Reduce the penalty to minimum period, provided the penalty is divisible
2. Reduce the penalty by one or two degrees
Those mentioned in the preceding chapter, when all the requisites to justify the act or to exempt from criminal liability in the respective cases are not attendant
Article 13 paragraph 1
Examples of Article 13 paragraph 1
- Incomplete self-defense, defense of relatives, defense of strangers
- Incomplete avoidance of a greater evil or injury
- Incomplete justifying circumstance of performance of duty
- Incomplete exempting cirucmstance of minority
- Incomplete exempting cirucmstance of accident
- Incomplete exempting cirucmstance of uncontrollable fear
- Unlawful aggression should be PRESENT; if unlawful aggression + 1– Article 69 governs
- If with discernment and is 15 above but 18 below– Article 68
- If 2nd (due care) and 4th (without intention)– Article 365 (culpable felonies)
That the offender is under 18 years of age or over 70 years. In the case of the minor, he shall be proceeded against in accordance with article 192 of PD 603
Article 13 paragraph 12
Legal effects of various ages of offender pursuant to RA 9344
- Under 15, exempting (Article 12, par. 2)
- Over 15 but under 18, exempting UNLESS with discernment (Article 12, par. 3 and Art. 68, par. 1
- Under 18, privileged mitigating circumstance or suspension of sentence
- 18 over, full criminal liability
- 70 over, mitigating (Art. 12, par. 2), no death penalty (Art. 47), suspension of death penalty (Art. 83)
That the offender had no intention to commit so grave a wrong as that committed
Article 13, paragraph 3
a.k.a. praeter intentionem– the blow went beyond the intent
T/F. Lack of intent to kill reduces the felony to mere physical injuries but is NOT mitigating in that regard
True. See People v. Ural (supra)
That sufficient provocation or threat on the part of the offended party immediately preceded the act
Article 13 paragraph 4
Any unjust or improper conduct or act of the offended party, capable of exciting, inciting or irritating any one.
Provocation
Three requisites of Article 13 paragraph 4
- Sufficient provocation
- Originate from offended party
- Immediate to the act
T/F. While an act cannot be considered unlawful aggression for the purpose of self-defense, the same act can be considered as sufficient provocation for the purpose of mitigating circumstance
True. See Gotis v. People
That the act was committed in the immediate vindication of a grave offense to the one committing the felony, his spouse, ascendants, descendants, legitimate or illegitimate or adopted brothers or sisters, or relatives by affinity within the same degree.
Article 13, paragraph 5
Two requisites of vindication
- That there be a grave offense done to the one committing the felony or his relatives
- The felony is committed in vindication of such a grave offense
- Lapse of time is allowed between the vindication and the doing of the grave offense
Distinguish vindication from provocation
As to the person to whome the offense is committed
1. P: Made directly to the person committing the felony
2. V: Not only to offender but relatives as well
As to necessity of the offended party causing the offense
1. P: Offended party need NOT commit a grave offense
2. V: Grave offense done
As to the time element:
1. P: Immediately after
2. V: Lapse of time allowed
T/F. Vindication concerns the honor of the person
True
That of having acted upon impulse so powerful as naturally to have produced passion or obfuscation
Article 13, paragraph 6
Two requisites of Article 13, paragraph 6
- Act, both unlawful and sufficient to produce such a condition of mind
- Act was not far removed from the commission of the crime, no time to recover equanimity
- More than 24 hours
T/F. Obfuscation cannot be mitigating in a crime deliberately and calmly planned
True.
T/F. A rapist is not entitled to a mitigating circumstance of passion just beacause he finds himself in a secluded place with a young woman naked.
True. See People v. Sanico.
T/F. Obfuscation where the relationship is illegitimate is NOT mitigating.
True.
Although common law spouse can be considered. See US v. Hicks and People v. Egay.
That the offender had voluntarily surrendered himself to a person in authority or his agents, or that he had voluntarily confessed his guilt before the court prior to the presentation of evidence
Article 13, paragraph 7
Two mitigating circumstances under Article 13, paragraph 7
- Voluntary surrender to a person in authority
- Voluntary plea of guilt
Two requisities for Article 13, paragraph 7
- Not been actually arrested
- Offender surrendered himself to a person of authority
- Surrender was voluntary and spontaneous
Spontaneous in such a manner that it shows the interest of the accussed to acknowledge his guilt or save authorities the trouble and expense for his search and capture. See People v. Ressurecion, et al.
7 exceptions to Article 13, paragraph 7
- Service of warrant of arrest
- Only surrendered when authorities are closing in
- Motivated by intent to insure safety
- Merely report a crime
- Pretended to surrender when being arrested at domicile
- Went to law enforcers meekly
- Merely surrendered the weapons used
A person by law or by election or appointment is charged with the maintenance of public order and protection or any person in aid of a person in authority
Person of authority
Three requisites for voluntary plea of guilt
- Spontaneously confessed guilt
- In open court
- Prior to presentation of evidence
Situations where plea bargaining is not allowed
Dangerous drugs act of 2002 or RA 9165. Culpable felonies and in crimes governed by special penal laws
Although there are talks about the unconstitutionality of the law, see Estipona Jr v. Hon Lobrigo and People
That the offender is deaf and dumb, blind, or otherwise suffering some physical defect which thus restricts his means of action, defense or communication with his fellow beings
Article 13, paragraph 8
Such illness of the offender as would diminish the exercise of the will power of the offender without however depriving him of the consciousness of his acts.
Article 13, paragraph 9
Two requisites of Article 13, paragraph 9
- Illness must dimish the exercise of will power
- Illness not deprive the offender of the consciousness of his acts
E.g., battered woman syndrome, dementia praecox
Any other circumstance of a similar nature and analogous to the aforementioned
Article 13, paragraph 10
Examples of analogous circumstances
- 60 year old with failing eyesight be considered 70
- Outrage feeling of a creditor
- Extreme poverty and necessity but only in crimes against property
- VAWC; BWS. See People v. Genosa
