Article 13

Question 1

Those which, if present in the commission of the crime, do not entirely free the actor from criminal liability, but only serve to reduce the penalty

Answer 1

Mitigating Circumstances

Question 2

Two classes of mitigating circumstances

Answer 2

1. Ordinary mitigating circumstances
2. Privileged mitigating circumstances

Question 3

A class of mitigating circumstances that are enumerated in subsections 1 to 10 of Article 13

Answer 3

Ordinary mitigating circumstances

Question 4

A class of mitigating circumstances that are enumerated outside of Article 13

Answer 4

Privileged mitigating circumstances

Question 5

Examples of privileged mitigating circumstances

Answer 5

Articles 68, 69, 64, 268

68: Penalities imposed upon a person under 18 years of age
69: When a crime is not wholly inexcusable
64: Rules for the application of penalities with three periods
268: Voluntary release of a person illegally detained within three days

Question 6

Distinctions between ordinary and privileged mitigating circumstances

Answer 6

As to nature:
1. O: Can be offset by generic aggravating circumstances
2. P: Cannot

As to effect
1. Reduce the penalty to minimum period, provided the penalty is divisible
2. Reduce the penalty by one or two degrees

Question 7

Those mentioned in the preceding chapter, when all the requisites to justify the act or to exempt from criminal liability in the respective cases are not attendant

Answer 7

Article 13 paragraph 1

Question 8

Examples of Article 13 paragraph 1

Answer 8

1. Incomplete self-defense, defense of relatives, defense of strangers
2. Incomplete avoidance of a greater evil or injury
3. Incomplete justifying circumstance of performance of duty
4. Incomplete exempting cirucmstance of minority
5. Incomplete exempting cirucmstance of accident
6. Incomplete exempting cirucmstance of uncontrollable fear

1. Unlawful aggression should be PRESENT; if unlawful aggression + 1– Article 69 governs
2. If with discernment and is 15 above but 18 below– Article 68
3. If 2nd (due care) and 4th (without intention)– Article 365 (culpable felonies)

Question 9

That the offender is under 18 years of age or over 70 years. In the case of the minor, he shall be proceeded against in accordance with article 192 of PD 603

Answer 9

Article 13 paragraph 12

Question 10

Legal effects of various ages of offender pursuant to RA 9344

Answer 10

1. Under 15, exempting (Article 12, par. 2)
2. Over 15 but under 18, exempting UNLESS with discernment (Article 12, par. 3 and Art. 68, par. 1
3. Under 18, privileged mitigating circumstance or suspension of sentence
4. 18 over, full criminal liability
5. 70 over, mitigating (Art. 12, par. 2), no death penalty (Art. 47), suspension of death penalty (Art. 83)

Question 11

That the offender had no intention to commit so grave a wrong as that committed

Answer 11

Article 13, paragraph 3

a.k.a. praeter intentionem– the blow went beyond the intent

Question 12

T/F. Lack of intent to kill reduces the felony to mere physical injuries but is NOT mitigating in that regard

Answer 12

True. See People v. Ural (supra)

Question 13

That sufficient provocation or threat on the part of the offended party immediately preceded the act

Answer 13

Article 13 paragraph 4

Question 14

Any unjust or improper conduct or act of the offended party, capable of exciting, inciting or irritating any one.

Answer 14

Provocation

Question 15

Three requisites of Article 13 paragraph 4

Answer 15

1. Sufficient provocation
2. Originate from offended party
3. Immediate to the act

Question 16

T/F. While an act cannot be considered unlawful aggression for the purpose of self-defense, the same act can be considered as sufficient provocation for the purpose of mitigating circumstance

Answer 16

True. See Gotis v. People

Question 17

That the act was committed in the immediate vindication of a grave offense to the one committing the felony, his spouse, ascendants, descendants, legitimate or illegitimate or adopted brothers or sisters, or relatives by affinity within the same degree.

Answer 17

Article 13, paragraph 5

Question 18

Two requisites of vindication

Answer 18

1. That there be a grave offense done to the one committing the felony or his relatives
2. The felony is committed in vindication of such a grave offense

2. Lapse of time is allowed between the vindication and the doing of the grave offense

Question 19

Distinguish vindication from provocation

Answer 19

As to the person to whome the offense is committed
1. P: Made directly to the person committing the felony
2. V: Not only to offender but relatives as well

As to necessity of the offended party causing the offense
1. P: Offended party need NOT commit a grave offense
2. V: Grave offense done

As to the time element:
1. P: Immediately after
2. V: Lapse of time allowed

Question 20

T/F. Vindication concerns the honor of the person

Answer 20

True

Question 21

That of having acted upon impulse so powerful as naturally to have produced passion or obfuscation

Answer 21

Article 13, paragraph 6

Question 22

Two requisites of Article 13, paragraph 6

Answer 22

1. Act, both unlawful and sufficient to produce such a condition of mind
2. Act was not far removed from the commission of the crime, no time to recover equanimity

2. More than 24 hours

Question 23

T/F. Obfuscation cannot be mitigating in a crime deliberately and calmly planned

Answer 23

True.

Question 24

T/F. A rapist is not entitled to a mitigating circumstance of passion just beacause he finds himself in a secluded place with a young woman naked.

Answer 24

True. See People v. Sanico.

Question 25

T/F. Obfuscation where the relationship is illegitimate is NOT mitigating.

Answer 25

True. ## Footnote Although common law spouse can be considered. See US v. Hicks and People v. Egay.

Question 26

That the offender had voluntarily surrendered himself to a person in authority or his agents, or that he had voluntarily confessed his guilt before the court prior to the presentation of evidence

Answer 26

Article 13, paragraph 7

Question 27

Two mitigating circumstances under Article 13, paragraph 7

Answer 27

1. Voluntary surrender to a person in authority 2. Voluntary plea of guilt

Question 28

Two requisities for Article 13, paragraph 7

Answer 28

1. Not been actually arrested 2. Offender surrendered himself to a person of authority 3. Surrender was voluntary and spontaneous ## Footnote Spontaneous in such a manner that it shows the interest of the accussed to acknowledge his guilt or save authorities the trouble and expense for his search and capture. See People v. Ressurecion, et al.

Question 29

7 exceptions to Article 13, paragraph 7

Answer 29

1. Service of warrant of arrest 2. Only surrendered when authorities are closing in 3. Motivated by intent to insure safety 4. Merely report a crime 5. Pretended to surrender when being arrested at domicile 6. Went to law enforcers meekly 7. Merely surrendered the weapons used

Question 30

A person by law or by election or appointment is charged with the maintenance of public order and protection or any person in aid of a person in authority

Answer 30

Person of authority

Question 31

Three requisites for voluntary plea of guilt

Answer 31

1. Spontaneously confessed guilt 2. In open court 3. Prior to presentation of evidence

Question 32

Situations where plea bargaining is not allowed

Answer 32

Dangerous drugs act of 2002 or RA 9165. Culpable felonies and in crimes governed by special penal laws ## Footnote Although there are talks about the unconstitutionality of the law, see Estipona Jr v. Hon Lobrigo and People

Question 33

That the offender is deaf and dumb, blind, or otherwise suffering some physical defect which thus restricts his means of action, defense or communication with his fellow beings

Answer 33

Article 13, paragraph 8

Question 34

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

Answer 34

Article 13, paragraph 9

Question 35

Two requisites of Article 13, paragraph 9

Answer 35

1. Illness must dimish the exercise of will power 2. Illness not deprive the offender of the consciousness of his acts ## Footnote E.g., battered woman syndrome, dementia praecox

Question 36

Any other circumstance of a similar nature and analogous to the aforementioned

Answer 36

Article 13, paragraph 10

Question 37

Examples of analogous circumstances

Answer 37

1. 60 year old with failing eyesight be considered 70 2. Outrage feeling of a creditor 3. Extreme poverty and necessity but only in crimes against property 4. VAWC; BWS. See People v. Genosa