Mitigating Circumstances

Question 1

are 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.

Answer 1

Mitigating Circumstances

Question 2

Incomplete justifying or exempting circumstance;

Answer 2

Mitigating Circumstances which can mitigate criminal liability

Question 3

The offender is under 18 or over 70 years old;

Answer 3

Mitigating Circumstances which can mitigate criminal liability

Question 4

No intention to commit so grave a wrong

Answer 4

Mitigating Circumstances which can mitigate criminal liability

Question 5

Sufficient threat or provocation

Answer 5

Mitigating Circumstances which can mitigate criminal liability

Question 6

Passion or obfuscation;

Answer 6

Mitigating Circumstances which can mitigate criminal liability

Question 7

Voluntary surrender;

Answer 7

Mitigating Circumstances which can mitigate criminal liability

Question 8

Physical defect;

Answer 8

Mitigating Circumstances which can mitigate criminal liability

Question 9

Illness of the offender;

Answer 9

Mitigating Circumstances which can mitigate criminal liability

Question 10

Humanitarian reasons

Answer 10

Mitigating Circumstances which can mitigate criminal liability

Question 11

Mitigating circumstances must be present prior to or simultaneously with the

Answer 11

ommission of the offense

Question 12

Mitigating circumstances must be present prior to or simultaneously with the ommission of the offense, except

Answer 12

voluntary surrender or confession of guilt by the accused

Question 13

They reduce the penalty but do not change the nature of the crime.

Answer 13

Effects of Mitinating Circumstances

Question 14

Classes of mitigating circumstances

Answer 14

Ordinary mitigating; and Privileged mitigating.

Question 15

Can be offset by aggravating circumstances.

Answer 15

ORDINARY MITIGATING

Question 16

Can never be offset by any aggravating circumstance.

Answer 16

PRIVILEGED MITIGATING

Question 17

When the offender is a minor under 18 years of age

Answer 17

PRIVILEGED MITIGATING

Question 18

When the crime committed is not wholly excusable: class of miti?

Answer 18

PRIVILEGED MITIGATING

Question 19

When there are two or more mitigating circumstances and no aggravating circumstance, the court shall impose the penalty next lower to that prescribed by law, in the period that it may deem applicable, according the number and nature of such circumstances class of miti?

Answer 19

PRIVILEGED MITIGATING

Question 20

Voluntary release of the person illegally detained within 3 days without the offender attaining his purpose and before the institution of the criminal action

Answer 20

PRIVILEGED MITIGATING

Question 21

Abandonment without justification by the offended spouse in case of adultery

Answer 21

PRIVILEGED MITIGATING

Question 22

Concealing dishonor in case of infanticide

Answer 22

PRIVILEGED MITIGATING

Question 23

? mitigating circumstances operate to reduce the penalty by one to two degrees, depending upon what the law provides.

Answer 23

Privileged

Question 24

? mitigating circumstances, if not offset, will operate to reduce the penalty to the minimum period, provided the penalty is a divisible one.

Answer 24

Ordinary

Question 25

Privileged mitigating circumstances requisites?

Answer 25

1. Some of the conditions required to justify the deed or to exempt from criminal liability are lacking,
2. The majority of such conditions are nonetheless present, and
3. When the circumstance has an indispensable element, that element must be present in the case

Question 26

means that not all the requisites to justify the act are present or not all the requisites to exempt from criminal liability are present.

Answer 26

Incomplete justifying/exempting circumstance

Question 27

Effect on criminal liability of the offender of incomplete justifying circumstances or incomplete exempting circumstances; If less than the majority of the requisites necessary to justify the act or exempt from criminal liability are present, the offender shall only be entitled to an

Answer 27

ordinary mitigating circumstance.

Question 28

If a majority of the requisites needed to justify the act or exempt from criminal liability are present, the offender shall be given the benefit of a

Answer 28

privileged mitigating circumstance. The imposablepenalty shall be lowered by one or two degrees.

Question 29

Condition necessary before incomplete self-defense, defense of relative, or defense of stranger may be invoked

Answer 29

The offended party must be guilty of unlawful aggression.

Question 30

Effect on the criminal liability of the offender of incomplete self-defense, defense of relative, or defense of stranger; The offended party must be guilty of

Answer 30

The offended party must be guilty of unlawful aggression.

Question 31

Effect on the criminal liability of the offender of incomplete self-defense, defense of relative, or defense of stranger. If only the element of unlawful aggression is present, the other requisites being absent, the offender shall be

Answer 31

given only the benefit of an ordinary mitigating circumstance.

Question 32

INCOMPLETE JUSTIFYING OR EXEMPTING CIRCUMSTANCE is ?? to exempting circumstance of accident;

Answer 32

Not applicable

Question 33

Effects on Offenders who are:

1. Over 15 but under 18 years old who acted with discernment; and
2. Over 70 years old

Answer 33

Exempting circumstance, if he acted without discernment.
Mitigating circumstance, if he acted with discernment.

Older: Mitigating circumstance; no imposition of death penalty; execution of death sentence if already imposed is suspended and commuted.

Question 34

NO INTENTION TO COMMIT SO GRAVE A WRONG Not applicable to felonies by negligence. True or false

Answer 34

true

Question 35

Not applicable when the offender employed brute force; considered NO INTENTION TO COMMIT SO GRAVE A WRON?

Answer 35

No

Question 36

NO INTENTION TO COMMIT SO GRAVE A WRONG ; Effect if the victim does not die in crimes against persons

Answer 36

The absence of the intent to kill reduces the felony to mere physical injuries.

Question 37

Lack of intention to commit so grave a wrong cannot be raised as a mitigating circumstance under the

Answer 37

Anti-Hazing Law.

Question 38

Threat need not be offensive and positively strong

Answer 38

SUFFICIENT THREAT OR PROVOCATION

Question 39

? is any unjust or improper conduct or act of the offended party, capable of exciting, inciting or irritating anyone.

Answer 39

Provocation

Question 40

Requisites of sufficient threat or provocation

Answer 40

1. Provocation must be sufficient;
2. It must originate from the offended party; and
3. It must be immediate to the act.

Question 41

Tomas’ mother insulted Petra. Petra kills Tomas because of the insults. Can Petra avail of the mitigating circumstance?

Answer 41

NO. There is no mitigating circumstance because it was the mother who insulted her, not Thomas.
The liability of the accused is mitigated only insofar as it concerns the harm inflicted on the person who made the provocation, but not with regard to the other victims who did not participate in the provocation

Question 42

VINDICATION OF A GRAVE OFFENSE: elements

Answer 42

1. Grave offense has been 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; and
2. A felony is committed in vindication of such grave offense.

Question 43

This has reference to the honor of a person. It concerns the good names and reputation of the individual

Answer 43

VINDICATION OF A GRAVE OFFENSE

Question 44

refer to emotional feeling which produces excitement so powerful as to overcome reason and self-control. It must come from prior unjust or improper acts. The passion and obfuscation must emanate from legitimate sentiments.

Answer 44

Passion or obfuscation

Question 45

Elements of passion or obfuscation as a mitigating circumstance

Answer 45

1. Accused acted upon an impulse; and

2. Impulse must be so powerful that it naturally produced passion or obfuscation in him.

Question 46

The passion or obfuscation should arise from n order to be mitigating.

Answer 46

lawful sentiments i

Question 47

Requisites of passion or obfuscation

Answer 47

1. That there is an act, both unlawful and sufficient to produce such a condition of mind; and
2. That the 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 natural equanimity.

Question 48

Lawlessness; or

Answer 48

Circumstances where passion or obfuscation is not a mitigating circumstance

Question 49

Revenge

Answer 49

Circumstances where passion or obfuscation is not a mitigating circumstance

Question 50

Requisites of voluntary surrender

Answer 50

1. Offender had not been actually arrested;
2. Surrender was made to a person in authority or the latter’s agent; and
3. Surrender was voluntary.

Question 51

If the accused escapes from the scene of the crime in order to seek advice from a lawyer, and the latter ordered him to surrender voluntarily to the authorities, which the accused followed by surrendering himself to the municipal mayor, will his surrender be considered mitigating?

Answer 51

YES, because he fled to the scene of a crime not to escape but to seek legal advice.

Question 52

Requisites of confession of guilt (BAR 1999)

Answer 52

1. The offender voluntarily confessed his guilt;
2. It was made in open court (that is before the competent court that is to try the case); and
3. It was made prior to the presentation of evidence for the prosecution.

Question 53

Requisites of physical defect

Answer 53

1. The offender is deaf and dumb, blind or otherwise suffering from some physical defect; and
2. Such physical defect restricts his means of action, defense, or communication with his fellow beings.

Question 54

Suppose X is deaf and dumb and he has been slandered, he cannot talk so what he did was, he got a piece of wood and struck the fellow on the head. X was charged with physical injuries. Is X entitled to a mitigating circumstance by reason of his physical defect?

Answer 54

YES, the Supreme Court held that being a deaf and dumb is mitigating because the only way to vindicate himself is to use his force because he cannot strike back by words.

Question 55

Requisites of illness of the offender ILLNESS OF THE OFFENDER

Answer 55

Requisites of illness of the offender

1. Illness of the offender must diminish the exercise of will power; and
2. Such illness should not deprive the offender the consciousness of his acts.