Mitigating
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
Mitigating
v.
Exempting
Mitigating - dimunition of freedom, intelligence or intent or lesser perversity of offender
Exempting - absence of FII
Classes of mitigating
1) Ordinary mitigating (1-10)
2) Privileged mitigating
What are examples of privileged mitigating
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)
Ordinary Mitigating
v.
Privileged Mitigating
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!!!
Justifying and Exempting Circumstances included in Mitigating
1) All 6 of justifying
2) 3, 4, 6 of exempting (minority, injury by mere accient, uncontrollable fear)
Diversion program
program that child in conflict with the law is required to undergo without resorting to formal court proceedings
Diversion
alternative process for determining responsibility without formal court proceedings
Contract of diversion
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
Offenses where diversion is possible
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
Circumstances which shown intended to commit so grave a wrong!!
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
Provocation
any unjust or improper conduct of offended party capable of inciting or irritating any one
Requisites of sufficient provocation
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
Determination of sufficient provocation
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
Requisites of Vindication
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.
Provocation
v.
Vindication
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
Requisites of passion
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
No mitigating when:
1) committed in spirit of lawlessness
2) committed in spirit of revenge
Passion or obfuscation
v.
Irresistible force
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
Passion
v.
Provocation
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
Requisites of voluntary surrender
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
Requisites of voluntariness
1) acknowledged his guilt OR
2) wishes to save them trouble and expenses incurred in his search and capture
must be spontaneous
Person in authority
v.
Agents of person in authority
Person in authority - jurisdiction to govern and execute laws
Agent - charged with maintenance of public order and protection and security of life and property
Requisites of plea of guilty
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
