Mitigating Circumstances

Question 1

Mitigating Circumstances

Answer 1

Lesser perversity of the offender and has the effect of lowering the penalty

Question 2

Classifications of mitigating circumstances

Answer 2

1. Ordinary - lowers to the minimum period
2. Privileged - lowers the imposable penalty whether divisible or indvisible, by one or more degrees
3. Specific - applies to specific felony

Question 3

What are the mitigating circumstances?

Answer 3

1. Incomplete justifying/exempting circumstances
2. Minority
3. Praeter Intentionem
4. Sufficient Provocation
5. Immediate Vindication of a Grave Offense
6. Passion and Obfuscation
7. Voluntary Surrender
8. Voluntary Plea of Guilt
9. Physical defects/illness
10. Analogous circumstances

Question 4

Praeter Intentionem

Answer 4

Lack of intention to commit a grave a wrong as that committed. There should be a great disparity between the intent and the consequences. It cannot be invoked when the means employed would naturally result to the felony committed.

Question 5

Sufficient Provocation

Answer 5

Requisites:

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

Question 6

Immediate Vindication of a Grave Offense

Answer 6

Any act or event which offends to the accused causing mental agony to him and moves him to vindicate himself of such offense.

The word offense should not be construed as
equivalent to crime

Question 7

Passion and Obfuscation

Answer 7

To be mitigating, it must arise from the accused’s lawful sentiments and must be spur of the moment. The offended must have done an act unlawful and sufficient to excite passion or obfuscation on the part of the accused.

Question 8

Voluntary Surrender

Answer 8

Elements:

1. Offender surrendered to a person in authority or his agent
2. Offender surrendered before arrest is affected.
3. Surrender must be voluntary - spontaneous and deliberate

Question 9

Voluntary Plea of Guilt

Answer 9

Elements:

1. Should be made in an open court;
2. Spontaneously and unconditionally
3. Prior to the presentation of the evidence of the prosecution

It is mitigating because it is an act of repentance and respect for the law.

Question 10

Physical defects and illness

Answer 10

Offender’s physical defect/illness must be related to the offense because the law requires that the defect has the effect of restricting his means of action, defense, or communication to his fellow beings, resulting in diminution of voluntariness. The illness/defect is a contributory cause to the offense.

Question 11

Analogous Circumstances

Answer 11

Examples: 
1. The act of the offender of leading the law
enforcers to the place where he buried
the instrument of the crime has been
considered as equivalent to voluntary
surrender.

2. Voluntary restitution of property, similar
   to voluntary surrender.
3. Outraged feeling of the owner of animal
   taken for ransom is analogous to
   vindication of grave offense