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Chapter Three Circumstances Which Mitigate Criminal Liability Mitigating Circumstances

This document discusses mitigating circumstances in criminal liability. It defines mitigating circumstances as those that do not entirely free the actor from criminal liability but serve only to reduce the penalty. A single act cannot be the basis for multiple mitigating circumstances. Mitigating circumstances are based on diminished freedom, intelligence, intent, or lesser perversity of the offender. They reduce the penalty but do not change the nature of the crime. Examples of mitigating circumstances include incomplete justifying circumstances, being under 18 or over 70, lack of intent for grave wrong, sufficient threat or provocation, and voluntary surrender.

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102 views

Chapter Three Circumstances Which Mitigate Criminal Liability Mitigating Circumstances

This document discusses mitigating circumstances in criminal liability. It defines mitigating circumstances as those that do not entirely free the actor from criminal liability but serve only to reduce the penalty. A single act cannot be the basis for multiple mitigating circumstances. Mitigating circumstances are based on diminished freedom, intelligence, intent, or lesser perversity of the offender. They reduce the penalty but do not change the nature of the crime. Examples of mitigating circumstances include incomplete justifying circumstances, being under 18 or over 70, lack of intent for grave wrong, sufficient threat or provocation, and voluntary surrender.

Uploaded by

Perla Viray
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Chapter Three

CIRCUMSTANCES WHICH MITIGATE CRIMINAL LIABILITY


 
Mitigating Circumstances
 Mitigating circumstances 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.
 
 One single act cannot be made the basis of more than one mitigating circumstance.
Hence, a mitigating circumstance arising from a single act absorbs all the other
mitigating circumstances arising from the same act.
 
Basis of mitigating circumstances
The basis is diminution of either freedom of action, intelligence, or intent or on the lesser
perversity of the offender.
NOTE: It is not considered in art. 365.
 
Effects of mitigating circumstances in the nature of the crime
They reduce the penalty but do not change the nature of the crime.
 
Circumstances which can mitigate criminal liability
1. Incomplete justifying or exempting circumstance (Privileged Mitigating circumstance); (BAR
1990, 1996)
2. The offender is under 18 or over 70 years old;
3. No intention to commit so grave a wrong (praeter intentionem); (BAR 2000, 2001)
4. Sufficient threat or provocation;
5. Vindication of a grave offense; (BAR 1993, 2000, 2003)
6. Passion or obfuscation;
7. Voluntary surrender; (BAR 1992, 1996, 1997, 1999)
8. Physical defect;
9. Illness of the offender;
10. Similar and analogous circumstances; and
11. Humanitarian reasons (Jarillo v. People, G.R. No. 164435, September 29, 2009).
 
NOTE: Mitigating circumstances must be present prior to or simultaneously with the commission
of the offense, except voluntary surrender or confession of guilt by the accused (RPC, ART. 13,
Par. 7).
 
Classes of mitigating circumstances
1. Ordinary mitigating; and
2. Privileged mitigating.
 

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