What are the mitigating circumstances?
- Incomplete justifying and exempting circumstances
o 2. Under 18 or over 70 Correlate with RA 9344
o 3. Praeter intentionem
o 4. Sufficient provocation or threat by the offended party preceded the act
o 5. Proximate vindication of grave offense
o 6. Passion or obfuscation
o 7. Voluntary surrender or voluntary confession prior to prosecution’s presentation of evidence
o 8. Physical defect restricts means of action, defense, communication
o 9. Illness diminishes will-power without complete deprivation of consciousness
o 10. Analogous circumstances
How are mitigating circumstances classified?
Ordinary or Privilage
What is an Ordinary Mitigating Circumstance?
If there is one, penalty lowered to minimum period
If there are two or more ordinary mitigating circumstances, the penalty is lowered by one degree
Can be offset by generic aggravating circumstances
Not considered when the penalty is a single indivisible penalty (i.e. only RP now)
What is an Privileged Mitigating Circumstance?
Lowers imposable penalty by one or more degrees
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Cannot be offset by any aggravating circumstance
Even if the penalty is single and indivisible, it is imposed
In incomplete justifying and exempting circumstances, what are the requisites that must always be present?
o 1. For self-defense, unlawful aggression
o 2. For accident, due care and lack of fault
When is incomplete justifying or exempting circumstance an ordinary mitigating circumstance? When is it a privileged mitigating circumstance?
o Ordinary if there is only one element or there is no majority of required elements
o Privileged if there is majority, but not all, of required elements
What is the nature of minority as a mitigating circumstance?
It is always a privileged mitigating circumstance (Express Provision of the RPC)
When can praeter intentionem not be invoked?
RA 8049 – lack of intent to commit so grave a wrong as committed CANNOT be invoked by accused in hazing incidents.
Can lack of intent to commit so grave a wrong as that committed be invoked in malversation?
YES. Ex. The petitioner was a municipal treasurer, and the audit team discovered he was short P72000 of funds. After a few months, he returned the money he “borrowed.”
o Note: the SC also applied a mitigating circumstance analogous to voluntary surrender in this case.
How to you resolve claims of praeter intentionem?
the means employed and the result must be so disparate that the result is not the logical and natural consequence of the means
Can praeter intentionem be invoked for culpable felonies?
No. Obviously “intentionem” requires intent in the first place, just that the intent did not match the result.
What are the elements of sufficient provocation?
- Sufficient
Merely shouting at the accused and asking the latter to leave is NOT proportionate to the latter killing the former.
Need not constitute unlawful aggression under Art. 11; the threshold here is lower.
Need not be put in words; can be in action.
Ex. entering another’s property and then starting to gather the latter’s crops.
o 2. Immediately preceding the commission of the crime
This actually means “immediate,” not like grave vindication which just requires proximity
o 3. Originate from the offended party
If provocation and passion/obfuscation are based on the same facts, is the accused entitled to two separate mitigating circumstances or only one?
Only one. The accused is only entitled to only one mitigating circumstance, because both are based on the same facts.
What is “immediate” in “immediate vindication of grave offense”?
Proximity. It need not immediately precede the act, but there must be no lapse of sufficient time.
What is “grave offense”?
1. Determine social standing of parties
2. Determine place and time and occasion when offense committed
What is necessary for passion or obfuscation to be considered?
It must arise from lawful sentiments of the accused. The offended party must have done an act unlawful and sufficient to excite passion or obfuscation
What are the elements of voluntary surrender?
- Offender surrendered to a person in authority or his agent
o 2. Offender surrendered before arrest is effected
o 3. Surrender is voluntary, i.e., spontaneous and coming from intent to acknowledge guilt and save time/resources of authorities
How has this provision been applied by analogy by the SC?
Before being charged of malersation, the accused returned the amount, he was deemed to have “voluntarily surrendered” – analogous. The return of the money must be spontaneous
What are the requisites of voluntary plea of guilt?
- Made in open court
- Spontaneous and unconditional
- Prior to presentation of evidence by the prosecution
May voluntary plea of guilt and voluntary surrender both be considered in one case?
Yes. They are two separate and distinct circumstances not arising from the same facts. The offended party is entitled to two mitigating circumstances.
What is the character of the plea of guilty?
It must be unconditional and the accused must admit to the offense charged.
What is relevant for the mitigating circumstance of physical defects and illness?
The defect or illness must relate to the offense charged, because the defect must have restricted his means of action, defense, or communication with his fellow human beings.
What is necessary for illness that diminishes willpower of the accused?
It must only diminish and not deprive the offender of the consciousness of his acts; otherwise, it is an exempting circumstance
