Article 13

Question 1

Mitigating

Answer 1

Those, if present, do not entirely free actor from criminal liability but serve only to REDUCE the penalty

They only reduce penalty but DO NOT CHANGE NATURE OF THE CRIME

Question 2

Mitigating
v.
Exempting

Answer 2

Mitigating - dimunition of freedom, intelligence or intent or lesser perversity of offender

Exempting - absence of FII

Question 3

Classes of mitigating

Answer 3

1) Ordinary mitigating (1-10)

2) Privileged mitigating

Question 4

What are examples of privileged mitigating

Answer 4

1) Minor (Art. 68)
2) All requisites not present to justify or exempt, but has to be MAJORITY (Art. 69)
3) Penalties with 3 periods: 2 or more mitigating and NO aggravating (Art. 64)

Question 5

Ordinary Mitigating
v.
Privileged Mitigating

Answer 5

Ordinary:

• can be offset by aggravating
• applies penalty provided by law in its MINIMUM period!!!!

Privileged:

• cannot be offset by aggravating
• reduces penalty by ONE or TWO DEGREES LOWER!!!

Question 6

Justifying and Exempting Circumstances included in Mitigating

Answer 6

1) All 6 of justifying

2) 3, 4, 6 of exempting (minority, injury by mere accient, uncontrollable fear)

Question 7

Diversion program

Answer 7

program that child in conflict with the law is required to undergo without resorting to formal court proceedings

Question 8

Diversion

Answer 8

alternative process for determining responsibility without formal court proceedings

Question 9

Contract of diversion

Answer 9

1) undergo diversion program
2) diversion proceedings shall be completed within 45 days
3) present himself at least once a month for evaluation of effectiveness of program
4) failure to comply may arise to legal action

prescription for offense is suspended, but not exceeding 2 years

Question 10

Offenses where diversion is possible

Answer 10

1) not more than 6 years of imprisonment
2) victimless crimes where not more than 6 years of imprisonment
3) parents do not consent to diversion

Question 11

Circumstances which shown intended to commit so grave a wrong!!

Answer 11

1) weapon used
2) part of body injured
3) injury inflicted
4) manner inflicted

NOTABLE and EVIDENT DISPROPORTION between means employed and consequences

• Refers to intention at the particular moment when he executes the criminal act and NOT during the planning stage
• applicable only to offenses resulting in PHYSICAL INJURIES or MATERIAL HARM

Question 12

Provocation

Answer 12

any unjust or improper conduct of offended party capable of inciting or irritating any one

Question 13

Requisites of sufficient provocation

Answer 13

1) provocation must be sufficient
2) must originate from offended party
3) provocation/threat must be immediate to the act

Sufficient = Adequate to excite a person to commit the wrong + Proportionate to its gravity OR when there is an over-reaction

Question 14

Determination of sufficient provocation

Answer 14

1) act constituting provocation
2) social standing of person provoked
3) time and place when provocation was made

*also possible: THREAT –> need NOT be offensive and positively strong

Question 15

Requisites of Vindication

Answer 15

1) 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 degrees
2) The felony is committed in vindication of such grave offense. Lapse of time is allowed.

Question 16

Provocation
v.
Vindication

Answer 16

Provocation

• direct to the person committing the felony
• need not be a grave offense
• immediately preceded the act

Vindication

• done to him or relatives
• grave offense
• proximate

Question 17

Requisites of passion

Answer 17

1) There be an act, both unlawful (or unjust) and sufficient to produce such a condition of mind
2) said act which produced obfuscation was not far removed from commission of crime by a considerable length of time

Question 18

No mitigating when:

Answer 18

1) committed in spirit of lawlessness

2) committed in spirit of revenge

Question 19

Passion or obfuscation
v.
Irresistible force

Answer 19

Passion

• mitigating
• cannot give rise to irresistible force because needs physical force
• is in offender himself
• lawful sentiments

Irresistible force

• exempting
• requires physical force
• comes from 3rd person
• unlawful

Question 20

Passion
v.
Provocation

Answer 20

Provocation

• comes from injured party
• immediately precede the commission of the act

Passion

• impulse which may be caused by provocation
• need not be immediate, as long as influence lasts until moment the crime is committed

BOTH: loss of reason and self-control of offender

Question 21

Requisites of voluntary surrender

Answer 21

1) offender has not been actually arrested
2) surrendered himself to a person in authority or to the latter’s agent
3) surrender was voluntary

Question 22

Requisites of voluntariness

Answer 22

1) acknowledged his guilt OR
2) wishes to save them trouble and expenses incurred in his search and capture

must be spontaneous

Question 23

Person in authority
v.
Agents of person in authority

Answer 23

Person in authority - jurisdiction to govern and execute laws

Agent - charged with maintenance of public order and protection and security of life and property

Question 24

Requisites of plea of guilty

Answer 24

1) offender spontaneously confessed his guilt
2) confession of guilt was made in open court, before the COMPETENT court that is to try the case
3) confession of guilt was made PRIOR to the presentation of evidence for the prosecution

Question 25

Requisites of illness

Answer 25

1) illness of the offender must DIMINISH the exercise of his will-power
2) but illness should NOT DEPRIVE him of consciousness of his acts

Question 26

Mitigating circumstances which are personal to offenders

Answer 26

1) from moral attributes of offender
2) private relations with offended party
3) any other personal causes

applicable only to whom such circumstances are attendant