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Article 13 Flashcards

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1
Q

What are mitigating circumstances?

A

Those which, if present in the commission of the crime, do not entirely free the actor from criminal liability, but serve only to reduce the penalty

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2
Q

Basis for mitigating circumstances

A

Diminution of either freedom of action, intelligence, or intent, or on the lesser perversity of the offender

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3
Q

Classes of mitigating circumstances (2)

A
  1. Ordinary mitigating
  2. Privileged mitigating
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4
Q

What are ordinary mitigating circumstances?

A

Those enumerated in subsections 1-10 of Art. 13 of the RPC. For those mentioned in subsection 1, if Art. 69 does not apply

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5
Q

What are the privileged mitigating circumstances?

A
  1. Art. 68 - Penalty to be imposed upon a person under eighteen years of age
  2. Art. 69 - Penalty to be imposed when the crim committed is not wholly excusable
  3. Art. 64 - Rules of the application of penalties which contain three periods
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6
Q

Privileged mitigating circumstances applicable only to these particular crimes (2) (To be confirmed)

A
  1. Voluntary release of the person illegally detained within three days without the offender attaining his purpose and before the institution of criminal action (Art. 268, par. 3). The penalty is one degree lower
  2. Abandonment without justification of the spouse who committed adultery (Art. 333, par. 3) The penalty is one degree lower
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7
Q

Distinctions between odrinary mitigating and privileged mitigating circumstances

A
  1. Ordinary mitigating is susceptible of being offset by any aggravating circumstance, while privileged mitigating cannot
  2. Ordinary mitigating, if not offset by aggravating circumstance, produces only the effect of applying the penalty provided by law for the crime in its minimum period, in case of divisible penalty; whereas privileged mitigating produces the effect of imposing upon the offender the penalty lower by one or two degrees than that provided by law for the crime
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8
Q

If there are mitigating circumstances, do these change the nature of the crime?

A

No. They only reduce the penalty.
Ordinary or generic mitigating reduces the penalty imposed to the minimum penalty of the crime committed
Privileged mitigating reduces the penalty for the crime committed by one or two degrees lower

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9
Q

What are the mitigating circumstances mentioned in Art. 13 of the RPC, whereas par. 2 is impliedly repealed by RA 9344 ? (10)

A
  1. Those mentioned in preceding chapter (Art.11 and 12) when all the requisites necessary to justify the act or to exempt from criminal liability in the respective cases are not attendant
  2. That the offender is above 15 years old but below 18 years of age, provided that he/she acted with discernment or over seventy years. In the case of the minor, such child in conflict with the law shall undergo diversion programs provider under Chap. 2 of RA 9344
  3. That the offender had no intention to commit so grave a wrong as that committed
  4. That sufficient provocation or threat on the part of the offender party immediately preceded the act
  5. That the act was committed in the immediate vindication of a grave offense to the one committing the felony (delito), his spouse, ascendants, descendants, legitimate, natural or adopted brothers or sisters, or relatives by affinity within the same degrees
  6. That of having acted upon an impulse so powerful as naturally to have produced passion or obfuscation
  7. That the offender had voluntarily surrendered himself to a person in authority or his agents, or that he had voluntarily confessed his guilty before the court prior to the presentation of the evidence for the prosecution
  8. That the offender is deaf and dumb, blind, or otherwise suffering some physical defect which thus restricts his means of action, defense, or communications with his fellow beings.
  9. Such illness of the offener as would diminish the exercise of the willpower of the offender without however depriving him of consciousness of his acts
  10. And finally, any other circumstances of a similar nature and analogous to those above-mentioned
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10
Q

What are the circumstances of justification or exemption which may give place to mitigation, because not all the requisites necessary to justify the act or exempt from criminal liability in the respecctive cases are attendant? (9)

A
  1. Self-defense (Art. 11, par.1)
  2. Defense of relatives (Art. 11, par.2)
  3. Defense of stranger (Art. 11, par.3)
  4. State of necessity (Art. 11, par.4)
  5. Performance of duty (Art. 11, par.5)
  6. Obedience to order of superior (Art. 11, par.6)
  7. Minority above 15 but below 18 years of age (RA 9344)
  8. Causing injury by mere accident (Art. 12, par. 4)
  9. Uncontrollable fear (Art.12, par.6)
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11
Q

Why can’t paragraphs 1 and 2 of Art. 12 give place to mitigation?

A

The mental condition of a person is indivisible. No middle ground between sanity and insanity, between presences and absence of intelligence

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12
Q

Cases in which all requisites necessary to justify the act are not attendant (4)

A
  1. Incomplete self-defense, defense of relatives, and defense of stranger
  2. Incomplete justifying circumstance of avoidance of greater evil or injury
  3. Incomplete justifying circumstance of performance of duty
  4. Incomplete justifying circumstance of obedience to an order
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13
Q

When is par.1 of Art. 13 applicable in relation to par no.’s 1-3 of Art. 11?

A

Only when unlawful aggression is present but the other two requisites are not present

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14
Q

What article applies when it is TWO OF THE THREE requisites are present in par no.’s 1-3 of Art. 11

A

Aritcle 69 (Priviledged Mitigating Circumstance). This is applicabe when MAJORITY of the requisites to justify the act is present

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15
Q

In avoidance of greater evil of injury, when is it a mitigating circumstance?

A

When any of the last 2 requisites is absent (That the injury feared be greater than that done to avoid it / That there be no other practical and less harmful means of preventing it)

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16
Q

In performance of duty, when is it a mitigating circumstance?

A

When one of the requisites is lacking, however, there is no ordinary mitigating circumstance under such since the Supreme Court considered one of the two requisites as constituting the majority in cases where there are only two requisites hence, Article 69 (priviledged mitigating circumstances) applies

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17
Q

Cases in which all requisites necessary to exempt from criminal liability are not attendant (3)

A
  1. Incomplete exempting circumstance of minority over 15 and under 18 years of age
  2. Incomplete exempting circumstance of accident
  3. Incomplete exempting circumstance of uncontrollable fear
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18
Q

In incomplete exempting circumstance of accident, if the 2nd requisite (with due care) and 1st part of the 4th requisite (without fault) are absent, is there a mitigating circumstance?

A

Yes. This case falls under Art. 365 of the RPC which punishes felonies by negligence or imprudence. There is a mitigating circumstance as the penalty provided is lower than that for intentional felony

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19
Q

In incomplete exempting circumstance of accident, if the 1st requisite (lawful act) and 2nd part of the 4th requisite (without intention) are absent, is there a mitigating circumstance?

A

No. There is no mitigating circumstance at all as it will be an intentional felony. In said case, the 2nd and 3rd requisites are not present either

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20
Q

Define “Diversion” under RA 9344

A

It refers to an alternative, child-appropriate process of determining the responsibility and treatment of a child in conflict with the law on the basis of his/her social, cultural, economic, psychological, or educational background without resulting to formal court proceedings

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21
Q

Define “Diversion Program” under RA 9344

A

The program that the child in conflict with the law is required to undergo after he/she is found responsible for an offense without resoting to formal court proceedings

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22
Q

Conditions for children in conflict with the law to undergo diversion programs without undergoing court proceedings (3)

A
  1. Where imposable penalty for the crime committed is not more than six years imprisonment - Mediation, family conferencing and conciliation involving the LCPC (Local Councils for the Protection of Children)
  2. In victimless crimes, where the imposable penalty is not more than six years of imprisonment - Requires coordination with the BCPC (Barangay Council for the Protection of Children)
  3. Where the imposable penalty for the crime commiteted exceeds six years imprisonment - diversion measures may be resorted to only by the court
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23
Q

When may a contract of diversion be entered into?

A

During a conferencing, mediation or conciliation(CMC) proceeding. This is when the child admits the commission of the act during said CMC and a diversion program is developed as evidenced by the contract of diversion, which is binding and effective if accepted by the parties concerned

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24
Q

What happens to the period of prescription of the offense when the child in conflict with the law undergoes a diversion program?

A

The period of prescription of the offense shall be suspended during the effectivity of the diversion program, but not exceeding a period of TWO years (Sec. 26 of RA 9344)

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25
Q

Where may a diversion of child in conflict with the law be conducted under RA 9344?

A

At the Katarungang Pambarangay (Sec. 24 RA 9344)

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26
Q

What kind of mitigating circumstance is provided if the offender is over 70 years old

A

Ordinary/generic mitigating circumstance. Article 68 does not include the case of offenders over 70 years old

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27
Q

Requirement for paragraph 3 Article 13 - That the offender had no intention to commit so grave a wrong as that committed

A

The facts proven show that there is a:
1. Notable and;
2. Evident disproportion between the means employed to execute the criminal act and its consequences

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28
Q

How must intention be judged?

A

Intention, being an internal state, must be judged by EXTERNAL ACTS

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29
Q

These may show that the accused intended the wrong committed (4)

A
  1. Weapon used
  2. Part of the body injured
  3. Injury inflicted
  4. Manner the said injury is inflicted
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30
Q

When the offender applied brute force, is par. 3 Art. 13 applicable?

A

No. This is because death may ensue as a natural consequence of brute force

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31
Q

In applying par. 3 Art.13, what is considered at the moment the person is committing the crime?

A

Intention of the offender at the moment when the person is committing the crime

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32
Q

Does the intention during the planning stage apply to par. 3 Art. 13?

A

No

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33
Q

Can the mitigating circumstance of lack of intent to commit so grave a wrong be appreciated favorably in robbery with homicide?

A

Yes

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34
Q

Is lack of intent so grave a wrong appreciable in a murder qualified by treachery?

A

No. Lack of intention to commit so grave a wrong is not appreciated where the offense committed is characterized by treachery

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35
Q

Is lack of intent to kill a mitigating circumstance in phyiscal injuies?

A

No. In crimes against persons who do not die as a result of the assault, the absence of the intent to kill reduces the felony to mere phyiscal injuries, but it does not constitute a mitigating circumstance under par.3 Art. 13

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36
Q

Can lack of intent (par.3 Art.13) apply to felonies by negligence?

A

No. Because in felonies through negligence, the offender acts without intent

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37
Q

Does par. 3 Art. 13 apply to felnoies where the intention of the offender is immaterial?

A

No. Like in the case of unintentional abortion, where the abortion that resulted is not intended by the offender, the mitigating circumstance that the offender had no intention to commit so grave a wrong as that committed is not applicable

However, in the case of People v Flameno, where the accused only intended to maltreat the complainant only, the mitigating circumstance in par. 3 Art. 13 will apply

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38
Q

Define unintentional abortion

A

It is committed by any person who, by violence, shall cause the killing of the foetus in the uterus or the violent expulsion of the foetus from the maternal womb, causing its death, but unintentionally (Art. 257)

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39
Q

Does par. 3 Art. 13 apply in offenses like defamation and slander where there are no physical injuries or material harm?

A

No. It only applies to offenses resulting in physical injuries or material harm.

However, in Perez v. People, par.3 Art. 13 was applied as a mitigating circumstance in the malversation of public funds

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40
Q

What is provocation?

A

Any unjust or improper conduct or act of the offended party, capable of exciting, inciting, or irritating any one

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41
Q

Requisites for provocation (3)

A
  1. That the provocation must be SUFFICIENT
  2. That it must ORIGINATE FROM THE OFFENDED PARTY
  3. That the provocation must be IMMEDIATE to the act, i.e., to the commission of the crime by the person who is provoked
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42
Q

Define “sufficient” in terms of sufficient provocation

A

Means adequate to excite a person to commit the wrong and must accordingly be proportionate to its gravity

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43
Q

The circumstances that which sufficiency of the provocation will depend on (3)

A
  1. Act constituing the provocation
  2. Social standing of the person provoked
  3. Place and the time when the provocation is made
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44
Q

Is there sufficient provocation when the accused seeks out the deceased even when the latter challenges the accused to fight?

A

No. Under U.S. v. Mendez, the accused was ready and willing to fight the deceased even before the latter challenges the accused to fight

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45
Q

Can the performance of duty be considered provocation?

A

No. The performance of a duty is not a source of provocation

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46
Q

Difference between sufficient provocation as requisite of incomplete self-defense and as a mitigating circumstance

A

As an element of self-defense, it pertains to its absence on the part of the person defending himself
As a mitigating circumstance, it pertains to its presence on the part of the offended party

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47
Q

Is there still provocation as a mitigating circumstance when the deceased was killed after he had fled?

A

No. The provocation by the deceased in the first stage of the fight is not a mitigating circumstance when the accused killed him after he had fled

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48
Q

Can there be any delay between the provocation and the commission of the crime?

A

No. There should not be any interval of time and they must be immediate to each other

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49
Q

Can threat for bodily harm be sufficient provocation?

A

Yes. If it immediately preceded the act. However, it should not be offenseive and positively strong, in this case it would considered unlawful aggression which may give rise to self-defense

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50
Q

Can vague threats (“If you do not agree, beware”) be considered sufficient provocation?

A

No. But “Follow us if you dare and we will kill you” will suffice as sufficient provocation as a threat

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51
Q

Requisites of Par. 5 Art. 13 of the RPC - Vindication of a grave offense

A
  1. That there be a GRAVE OFFENSE done to the one committing the felony, his spouse, ascendants, descendants, legitimate natural or adopted brothers or sisters, or relatives by affinity within the same degree
  2. That the felony is committed in vindication of such grave offense. A LAPSE OF TIME IS ALLOWED between the vindication and the doing of the grave offense
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52
Q

Does par.5 Art. 13 of the RPC (Vindication of a grave offense) apply to the in-laws(relatives by affinity) of the surviving spouse?

A

Yes. The relationship by affinity created between the surviving spouse and the blood relatives of the deceased spouse survives the death of either party to the marriage which created the affinity

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53
Q

Spanish text for “immediate”

A

Proxima

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54
Q

Distinguish provocation from vindication (3)

A
  1. In provocation, it is made directly only to the person committing the felony; in vindication, the grave offense may be committed also against the offender’s relatives mentioned by the law
  2. In provocation, the cause that brought about the provocation need not be a grave offense, in vindication the offended party must have done a grave offense to the offender or his relatives mentioned by the law
  3. In provocation, it is necessary that the provocation or threat immediately preceded the act (no interval of time); in vindication, the vindication of the grave offense may be proximate, which admits an interval of time between the grave offense done by the offended party and the commission of the crime by the accused
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55
Q

Reason for the difference between provocation and vindication

A

The greater leniency for vindication is because that it concerns the honor of a person rather than mere spite against the one giving the provocation or threat

56
Q

Circumstances considered by the court in considering the gravity of the offense in vindication (2)

A
  1. Social standing of the person
  2. Place and time when the insult(act) was made
57
Q

Should the grave offense be DIRECTLY REFERRING to the accused?

A

Yes. Under People v Benito, the remark by the deceased regarding the Civil Service Commission in general did not suffice as a grave offense committed against the accused, who was part of the Civil Service Commission

58
Q

Can vindication of a grave offense and passion or obfuscation be counted separately and independently?

A

No Vindication of a grave offense is incompatible with passion or obfuscation

59
Q

Requirements of Par. 6 Art. 13 of the RPC (2)

A
  1. The accused acted upon an IMPULSE
  2. The impulse must be so powerful that it naturally produced passion or obfuscation in him
60
Q

Why is passion or obfuscation mitigating?

A

It diminishes the exercise of will power of the person

61
Q

Rule for application of par. 6 Art. 13 of the RPC - Passion or obfuscation

A

Passion or obfuscation may constitute a mitigating circumstance only when the same arose from LAWFUL SENTIMENTS

62
Q

Par. 6 Art. 13 of the RPC doesn’t apply when the act is committed in the spirt of these two (2)

A
  1. Lawlessness
  2. Revenge
63
Q

Requisites for mitigating circumstance of passion or obfuscation (2)

A
  1. That there be AN ACT, both UNLAWFUL and SUFFICIENT to produce such a condition of mind
  2. That said act which produced the obfuscation was NOT FAR REMOVED FROM THE COMMISSION OF THE CRIME BY A CONSIDERABLE LENGTH OF TIME, during which the perpetrator might recover his normal equanimity
64
Q

In par.6 Art. 13 of the RPC, the crime committed must be provoked by what?

A

Prior and unjust or improper acts of the injured party

65
Q

Can exercise of a right or fulfillment of duty be a proper soruce of passion or obfuscation?

A

No

66
Q

If the cause of the loss of self-control was trivial and slight, is the obfuscation mitigating?

A

No

67
Q

Is there passion or obfuscation after 24 hours, or several hours or half an hour or one month and five days later?

A

No. This is because of the rule that that the obfuscation must not be far removed from the commission of the crim by a considerable length of time, during which the accused might have recovered his normal equanimity

68
Q

Who has the burden of proof in the mitigating circumstance of passion or obfuscation?

A

The defense must prove that the act which produced passion or obfuscation took place at a time not far removed from the commission of the crime

69
Q

Can planned and calmly meditated obfuscation be mitigating?

A

No. The crime committed must be the result of a sudden impulse of natural and uncontrollable fury

70
Q

Is vengeance a lawful sentiment for the purpose of obfuscation or passion?

A

No

71
Q

Should passion and obfuscation as a mitigating circumstance need be felt only in the seconds before the commission of the crime?

A

No. It may build up and strengthen over time until it can no longer be repressed and will ultimately motivate the commission of the crime

72
Q

Can the passion or obfuscation that resulted in rape be a mitigating circumstance?

A

No

73
Q

Define ‘excitement’ as enshrined in par. 6 Art. 13 of the RPC - passion or obfuscation

A

The natural feeling of all persons engaged in a fight, especially those who had received a beating, and the impulse in that state is not considered in law so powerful as to produce obfuscation sufficient to mitigate liability

74
Q

Can the killing of the deceased by the accused that arose out of rivalry for the hand of a woman be mitigated by passion or obfuscation?

A

Yes. Under People v Maraisgan, the feeling of resentment resulting from rivalry in amorous relations with a woman is a powerful instigator of jealousy and prone to produce anger and obfuscation

75
Q

In illegitimate relations, can obfuscation be mitigating?

A

No

76
Q

Can the cause producing passion or obfuscation come from a person other than the offended party?

A

No. It must come from the offender party

77
Q

May passion or obfuscation lawfully arise from the causes existing only in the honest belief of the offender(accused)?

A

Yes

78
Q

Can provocation and obfuscation arising from eon and the same cause be treated as two separate mitigating circumstances?

A

No. They should only be treated as one

79
Q

Can vindication of grave offense and passion and obfuscation co-exist?

A

No. Under the constant doctrine of the Spanish Supreme Court that one single fact cannot be made the basis of differnet modifying circumstances

Exception is when there are other facts, although closely connected such as in the case of People v Diokno where (1) elopement, which was a grave offense to a family of old customs and (2) refusal to deal with the accused, a stimulus strong enough to produce in the accused’s mind a fit of passion

80
Q

Is passion or obfuscation compatible with lack of intention to commit so grave a wrong?

A

Yes. According to People v Cabel

81
Q

Is passion or obfuscation compatible with treachery?

A

No. They are incompatible. Passion cannot co-exist with treachery because in passion, the offender loses his control and reason while in treachery, the means employed are consciously adopted and one who loses his reason and self-control could not deliberately employe a particular means, method or form of attack in the execution of the crime

82
Q

Can there be mitigating circumstances of vindication or obfuscation when the person attacked is not the one who gave cause therefor?

A

No. It must be the person who gave cause therefor

83
Q

Can passion and obfuscation co-exist with evident premeditation?

A

No. The essence of premeditation is that the execution of the criminal act must be preceded by clam thought and reflection upon the resolution to carry out the criminal intent during the space of time sufficient to arrive at a composed judgment

84
Q

Distinguish passion or obfuscation from irresistible force (4)

A
  1. Passion or obfuscation is mitigating, irresistible force is exempting
  2. Passion or obfuscation cannot give rise to irresistible force because irresistible force requires physical force
  3. Passion or obfuscation, is in the offender himself, while irresistible force must come from a third person
  4. Passion or obfuscation must arise from lawful sentiments, whereas, irresistible force is unlawful
85
Q

Distinguish passion or obfuscation from provocation (3)

A
  1. Provocation comes from the injured party, passion or obfuscation is produced by an impulse which may be caused by provocation
  2. Provocation must immediately precede the commission of the crime; in passion or obfuscation, the offense which engenders perturbation of mind need not be immediate. It is only required that the influence thereof lasts until the moment the crime is committed
  3. In both, the effect is the loss of reason and self-control on the part of the offender
86
Q

Two mitigating circumstances provided in par. 7 Art. 13 of the RPC (2)

A
  1. Voluntary surrender to a person in authority or his agents
  2. Voluntary confession of guilty before the court prior to the presentation of evidence for the prosecution
87
Q

Should the mitigating circumstances provided in par.7 Art. 13 be considered as one if both are present?

A

No. Althought they are provided for in one subsction of Art. 13, when both are present, they should have the effect of mitigating as two independent circumstances

88
Q

Requisites of voluntary surrender (3)

A
  1. That the offender had NOT BEEN ACTUALLY ARRESTED
  2. That the offender surrendered himself to a PERSON IN AUTHORITY OR TO THE LATTER’S AGENT
  3. That the surrender was VOLUNTARY
89
Q

Does mere filing of an information and/or issunace of a warrant of arrest automatically make the surrender “involuntary”?

A

No. As clarified under De Vera v De Vera, GR No. 172832 (2009), mere filing of an information and/or issuance of a warrant of arrest will not automatically make the surrender “involuntary”

90
Q

When the defendenat was in fact arrested, can the same claim mitigating circumstance of voluntary surrender?

A

No. However, voluntary circumstance was appreciated in the following cases:

  1. In People v Parana, where the accused, after commiting the offense and having opportunity to escape, voluntarily waited for the agents of of the authorities and voluntarily gave himself up, even if he was placed under arrest by a policeman then and there
  2. In People v Babiera when the accused helped in carrying his victim to the hospital where he was disarmed and arrested
91
Q

The key insight from the comaprison between the People v Conwi, People v Parana, and People v Babiera regarding when voluntary surrender can be appreciated as a mitigating circumstance even when accused was in fact arrested

A

The voluntary surrender or any act showing such, should be made before the actual arrest of the accused

92
Q

Does running to the municipal building count as voluntary surrender?

A

Yes

93
Q

Is there voluntary surrender when the accused fled and hid to avoid reprisals from the companions of the deceased, but upon meeting a policeman voluntarily went with him to the jail?

A

Yes

94
Q

When the accused surrendered only after the warrant of arrest had been surved upon him, is it mitigating?

A

No. It must be before the warrant of arrest has been served

95
Q

Is voluntary surrender mitigating when the warrant of arrest had not been served or not returned unserved because the accused cannot be located?

A

Yes

96
Q

Does surrender of weapons equate to voluntary surrender?

A

No

97
Q

Does accompanying the chief of police to the crime without surrendering or admitting complicity serve as voluntary surrender?

A

No

98
Q

Define ‘person in authority’

A

One directly vested with jurisdiction that is, a public officer who has the power to govern and execute the laws whether as an individual or as a member of some court of governmental corporation, bord or commission

99
Q

Are barrio captain and a barangay chairman persons in authority?

A

Yes

100
Q

Define ‘agent of a person in authority’

A

A person, who, is by direct provision of the law, or by election or by appointment by competent authority, is charged with the MAINTENANCE OF PUBLIC ORDER and the PROTECTION AND SECURITY OF LIFE AND PROPERTY and any person who comes to the aid of persons in authority

101
Q

Does non-flight equate to voluntary surrender?

A

No. There must be an actual voluntary surrender on the part of the accused

102
Q

Does the RPC provide for the required time and place of surrender?

A

No

103
Q

If the accused surrendered after having been fugitives from justice for more than 7 years and they found it impossible to live in hostility and resistance to the authorities, does it count as voluntary surrender?

A

No. It was held to be not spontaneous, hence not mitigating

104
Q

Can the accused surrender for a crime which he had not committed?

A

No. It must be by reason of the commission of the crime for which the accused is prosecuted

105
Q

Can voluntary surrender be done through an intermediary?

A

Yes

106
Q

Requisite for surrender to be voluntary

A

It must be SPONTANEOUS showing the intent of the accused to submit himself unconditionally to the authorities for the the two reasons as stated:
1. He acknowledges his guilt
2. He wishes to save them the trouble and expenses necessarily incurred in his search and capture

107
Q

Define ‘spontaneous’

A

The idea of an inner impulse without external stimulus

108
Q

If there was intention to surrender but no actual surrender, is it mitigating?

A

No

109
Q

If the surrender was induced by fear of retalation by the victim’s relatives, is it voluntary surrender?

A

No

110
Q

Is it voluntary surrender if the offender imposed a condition or acted with external stimulus?

A

No

111
Q

Requisites for a plea of guilty (3)

A
  1. That the offender SPONTANEOUSLY CONFESSED HIS GUILT
  2. That the confession of guilt was made in OPEN COURT, that is, before the COMPETENT COURT that is to try the case
  3. That the confession of guilty was made PRIOR to the presentation of evidence for the prosecution
112
Q

When should a plea of guilty be made for it to be mitigating?

A

Before the trial begins

113
Q

When should the confession of guilty be made for it to be mitigating?

A

Prior to the presentation of the evidence for the prosecution

114
Q

If plea of guilty was made before evidence was presented in an appeal, is it mitigating?

A

No. the plea of guilty should be made at the first opportunity

115
Q

What is a trial de novo?

A

It implies the existence of a previous trial wher evidence was presented by the prosecution

116
Q

In a case where the RTC has jurisidction for its decision while there is a preliminary investigation in the municipal court and the accused pleads not guilty in said preliminary investigation but pleads guilty in the RTC before evidence is presented, is there a proper mitigating circumstance?

A

Yes. The plea of not guilty at the preliminary investigation is no plea at all

117
Q

Is a conditional plea of guilty a mitigating circumstance?

A

No. It should be unconditional

118
Q

Provided that the trial had already begun on the original information for murder but said information was amended for homicide instead, and that the accused pleaded guilty before evidence was presented for the amended information (homicide), is there a mitigating circumstance?

A

Yes

119
Q

If a plea of guilty was made for a lesser offense than that charged, is it mitigating?

A

No. It must be of that offense charged

120
Q

Reason for why a plea of guilty is mitigating

A

It is an act of repentance and respect for the law; it indicates a moral dispostion in the accused, favorabel to his reform

121
Q

In culpable felonies and in crimes punished by special laws, is a plea of guilty mitigating?

A

No

122
Q

In par. 8, Art. 13 of the RPC - deaf and dumb, what must the phyiscal defect restrict?

A

Means of action, defense, or communication with fellow beings

123
Q

Requisites of Par. 9, Art. 13 of the RPC - Illness of the offender (2)

A
  1. That the illness of the offender must DIMINISH THE EXERCISE OF HIS WILLPOWER
  2. That such illness SHOULD NOT DEPRIVE THE OFFENDER OF CONSCIOUSNESS OF HIS ACTS
124
Q

Does Par. 9, Art. 13 of the RPC refer to mental conditions?

A

No. It must refer to diseases of pathological state that trouble the conscience or will.
If it were mental conditions, then it would give rise to insanity instead

125
Q

Does feeblemindedness warrant a mitigating circumstance?

A

Yes

126
Q

Does Par.10 of Art. 13 refer to ANY other circumstance?

A

No. It must still be of a similar nature and analogous to those mentioned in paragraphs 1-9 of Art. 13 of the RPC

127
Q

Does a 60 year old with failing sight fall under the category of being over 70 years of age for mitigating circumstances?

A

Yes under People v Reantillo and Ruiz, C.A

128
Q

Outraged feeling of owner of animal taken for ransom is analagous to which paragraph of Art. 13 of the RPC?

A

Par. 5 of Art. 13 of the RPC - Vindication of a grave offense (People v Monaga)

129
Q

Outraged feeling of a creditor is analagous to which paragraph of Art. 13 of the RPC?

A

Par. 6 of Art. 13 of the RPC - Passion or obfuscation (People v Merenillo, C.A)

130
Q

Manifestations of Batted Wife Syndrome is analogous to which paragraph of Art. 13 of the RPC?

A

Par. 9 of Art. 13 of the RPC - Illness of the offender

131
Q

Voluntary restitution is similar to which paragraph of Art. 13 of the RPC?

A

Par. 7 of Art. 13 of the RPC - Voluntary surrender

132
Q

May extreme poverty mitigate a crime of violence such as murder?

A

No. however, it may mitigate a crime against property

133
Q

Is the testifying for the prosecution by the accused analogous to plea of guilty?

A

Yes. It can be a mitigating circumstance under par.10 Art.13 of the RPC

134
Q

Is restitution in malversation case only a mitigating circumstance?

A

Yes. Under par.10 Art. 13 of the RPC

135
Q

Does killing the wrong man mitigate the crime committed?

A

No

136
Q

Mitigating circumstances which are personal to the offenders may arise only in the following circumstances: (3)

A
  1. From the moral attributes of the offender
  2. From his private relations with the offended party
  3. From any other personal cause
    These only apply to the principals, accomplices, and accessories
137
Q

Circumstances which are netiher exempting nor mitigating (5)

A
  1. Mistake in the blow (aberratio ictus)
  2. Mistake in the identity of the victim
  3. Entrapment of the accused
  4. The accused is over 18 years of age
  5. Performance of righteous action

Criminal Law I (40 decks)

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