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Criminal Law 1-AQ > Article 15 > Flashcards

Article 15 Flashcards

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1
Q

What are Alternative Circumstances?

A

Those which must be taken into consideration as aggravating OR mitigating according to the NATURE and EFFECTS of the crime and the other conditions attending its commission

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2
Q

Basis of alternative circumstances

A

Nature and effects of the crime and other conditions attending its commission

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3
Q

The three alternative circumstances (3)

A
  1. Relationship
  2. Intoxication
  3. Degree of instruction and education of the offender
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4
Q

The relatives considered in Article 15 of the RPC (5)

A
  1. Spouse
  2. Ascendant
  3. Descendant
  4. Legitimate, natural, or adopted brother or sister
  5. Relative by affinity in the same degree of the offender
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5
Q

Is the relationship between uncle and niece covered by Art. 15 of the RPC?

A

No

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6
Q

As a rule in crimes against property, is relationship mitigating?

A

Yes, by analogy to the provisions of Article 332 of the RPC

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7
Q

Under Article 332 of the RPC, there is no criminal liability but only civil liability in these felonies committed between the relatives mentioned (3)

A
  1. Theft
  2. Swindling
  3. Malicious Mischief
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8
Q

Under Article 332 of the RPC, there is no criminal liability but only civil liability in the felonies mentioned mutually among what relatives? (5)

A
  1. Spouses
  2. Ascendants
  3. Descendants
  4. Relatives by affinity in the same line
  5. Brothers and sisters and brothers-in-law and sisters-in-law, if living together
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9
Q

Under Article 332 of the RPC, these circumstances are justifying or exempting?

A

Exempting

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10
Q

Under Article 15 of the RPC, when is relationship aggravating in crimes against person? (2)

A

Where the offended party is:
1. A relative of a higher degree than the offender; or
2. When the offender and the offended party are relatives of the same level, (brother, brother-in-law, half-brother, adopted brother)

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11
Q

Should relationship by affinity always be aggravating?

A

No, it should not be deemed to aggravate the crime in the absence of evidence to show that the offended party is of a higher degree in the relationship than that of the offender

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12
Q

Is relationship aggravating when the crime committed is serious physical injuries, even if the offended party is a descendant of the offender?

A

Yes, provided it is not inflicted by a parent upon his child by excessive chastisement

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13
Q

In relationship, what article of the RPC applies when it is serious physical injuries committed against relatives provided under Article 246 of the RPC(Parricide)?

A

Article 263

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14
Q

Which relatives are mentioned under Article 246 of the RPC (Parricide)? (5)

A
  1. Father
  2. Mother
  3. Child, whether legitimate or illegitimate
  4. Any of his ascendants or descendants
  5. Spouse
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15
Q

In less serious physical injuries, or slight physical injuries, relationship is mitigating when?

A

The offended party is relative of a LOWER degree of the offender

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16
Q

In less serious physical injuries, or slight physical injuries, relationship is aggravating when?

A

The offended party is relative of A HIGHER degree of the offender

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17
Q

In homicide or murder, is relationship mitigating or aggravating when the victim of the crime is a relative of a lower degree?

A

Aggravating

18
Q

In trespass to dwelling, is relationship mitigating?

A

Yes

19
Q

When the relationship is an element of the offense, is it mitigating or aggravating?

A

Neither

20
Q

In crimes against chastity, when is relationship aggravating?

A

Always

21
Q

Is relationship always aggravating between brothers-in-law?

A

No, not always because “other conditions attending” may make it mitigating

22
Q

In rape, when does relationship make the imposition of death penalty mandatory as provided under R.A. No. 7659? (6)

A

If it be committed where the victim is under 18 years of age and the offender is:
1. Parent
2. Ascendant
3. Step-parent
4. Guardian
5. Relative by consanguinity or affinity within THIRD civil degree
6. Common-law spouse of the parent of the victim

23
Q

When is intoxication mitigating? (2)

A

When:
1. Not habitual (accidental)
2. Not subsequent to the plan to commit a felony

24
Q

When is intoxication aggravating? (2)

A

When:
1. Habitual
2. Intentional (Subsequent to the plan to commit a felony)

25
Q

When is intoxication considered intentional?

A

When the offender drinks liquor fully knowing its effects. i.e., offender intoxicated himself AFTER he had planned the commission of the crime

26
Q

When is intoxication considered habitual?

A

It should be actual and confirmed. It is unnecessary that it be a matter of daily occurrence

27
Q

When is an accused entitled to the mitigating circumstance of intoxication? (2)

A
  1. At the time of the commission, he has taken such quantity of alcoholic drinks as to blur his reason and deprive him of certain degree of control
  2. Such intoxication is not habitual, or subsequence to the plan to commit the felony
28
Q

What does Art. 15 of the RPC mean in stating “when the offender has committed a felony in a state of intoxication”?

A

The offender’s mental faculties must be affected by drunkenness.(Diminished)

29
Q

Is “every Saturday night” competent proof for intoxication to be habitual?

A

No

30
Q

Presumption for intoxication whether habitual or non-habitual

A

Non-habitual

31
Q

Define habitual drunkard

A

One given to intoxication by excessive use of intoxicating drinks

32
Q

Basis for alternative circumstance of intoxication (2)

A
  1. Mitigating - Exercise of will power is impaired
  2. Aggravating - It is intentional. To bolster his courage to commit a crime
33
Q

Should non-habitual intoxication, lack of instruction, and obfuscation be taken separately?

A

No, they are one mitigating circumstance only

34
Q

When is degree of instruction and education of the offender mitigating or aggravating? (2)

A
  1. Mitigating in low degree of instruction and education or lack of it
  2. Aggravating in high degree of instruction and education, when the offender avails himself of his learning in commiting the crime
35
Q

Example of lack of instruction mitigating

A

Did not finish first grade elementary

36
Q

Is mere illiteracy sufficient to consitute a mitigating circumstance?

A

No, there must also be lack of intelligence

37
Q

Is lack of instruction mitigating when offender is a city resident who knows how to sign his name?

A

No

38
Q

Burden of proof of proving lack of instruction is on whom?

A

The defense. It must be proved by direct and positive evidence

39
Q

Can the question of lack of instruction be raised for the first time in the appellate court?

A

No

40
Q

Normally, low degree or lack of instruction is mitigating in all crimes. Give the exceptions as to when it is not mitigating. (3)

A
  1. In crimes against property (estafa, theft, robbery, arson)
  2. Crimes against chastity (rape, adultery)
  3. Murder
41
Q

Is lack of instruction mitigating in treason?

A

No, except in People v Marasigan, where his schooling was confined in studying and finishing caton only

42
Q

The only case where lack of instruction was mitigating in theft

A

U.S. v Maqui, 27 Phil. 97, 101

Criminal Law 1-AQ (45 decks)

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