MITIGATING CIRCUMSTANCES | ARTICLE 13 ( TAGALOG DISCUSSION)

MITIGATING CIRCUMSTANCES ARTICLE 13 OF THE REVISED PENAL CODE BOOK 1

Based on the diminution of either the freedom of action, intelligence, or intent, or on the lesser perversity of the offender.

Those that have the effect of reducing the penalty by one or more degrees lower than the imposable penalty.

MITIGATING CIRCUMSTANCES:

1.) Incomplete justifying or exempting circumstances, because all the requisites necessary to justify the act or to exempt from criminal liability in the respective cases are not attendant/present.


2) The offender is under 18 or over 70 years old.


3) The offender had no intention to commit so grave a wrong as that committed (praeter intentionem).

4) Sufficient provocation or threat on the part of the offended party immediately preceded the act.


5) The act was committed in the immediate vindication of a grave offense to the one committing the felony, his spouse, ascendants, descendants, etc.



6) Passion or obfuscation - Having acted upon an impulse so powerful as naturally to have produced passion or obfuscation.


7) Voluntary surrender.

Requisites:

a. The offender has not been arrested;

b. He surrendered himself to a person in authority or agent of a person in authority; and

c. His surrender was voluntary.


8) Offender is deaf and dumb, blind or suffering from physical defects that restrict his means of action, defense or communication.



Rationale:
Such physical defect restricts a person’s means of action, defense, or communication with his fellow beings, thereby diminishing his freedom of action.


9) Such illness of the offender as would diminish the exercise of the will-power of the offender without depriving him of the consciousness of his acts.


Examples of illnesses which are considered mitigating circumstances:



Acute neurosis which makes a person

1.) ill-tempered and easily angered;

2) Feeblemindedness; and

3) Kleptomania, which is an abnormal, persistent impulse or tendency to steal.

10) Any other circumstances of a similar nature and analogous to the foregoing, such as the following:



a. Over 60 years old with failing sight, as similar to over 70 years of age;


b. Voluntary restitution of stolen property, as similar to voluntary surrender of the offender; and


c. Extreme poverty and necessity, as similar to incomplete justification based on state of necessity.


11) Plea of guilty or voluntary confession of GUILT. Plea of guilty can only be appreciated as a mitigating circumstance if it is made before the presentation of any evidence by the prosecution.

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