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Crim Law I > Article 13 > Flashcards

Article 13 Flashcards

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1
Q

What are mitigating circumstances?

A

Circumstances that reduce the penalty but do not entirely free the actor from criminal liability

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2
Q

What is the basis for mitigating circumstances?

A

Diminution of freedom of action, intelligence, intent, or lesser perversity of the offender

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3
Q

What are the two main classes of mitigating circumstances?

A

Ordinary and Privileged

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4
Q

Where are ordinary mitigating circumstances listed?

A

Subsections 1 to 10 of Article 13

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5
Q

Where can you find examples of privileged mitigating circumstances?

A

Article 68, Article 69, and those applicable only to particular crimes.

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6
Q

What does the first ordinary mitigating circumstance cover?

A

Cases where all requisites necessary to justify the act or to exempt from criminal liability are not attendant.

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7
Q

Give an example of Art. 13, par. 1.

A

Incomplete self-defense, where unlawful aggression is present, but one or both of the other requisites are absent.

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8
Q

What other incomplete defenses are mitigating under Art. 13, par. 1?

A

Incomplete defense of relatives and incomplete defense of a stranger, requiring unlawful aggression

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9
Q

Is incomplete avoidance of a greater evil a mitigating circumstance?

A

Yes, under Article 13, Paragraph 1.

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10
Q

Are incomplete performance of duty or obedience to an order mitigating?

A

Yes, under Article 13, Paragraph 1.

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11
Q

What about a minor over fifteen and under eighteen who acted with discernment?

A

This is an incomplete exempting circumstance and a mitigating circumstance under Article 13, paragraph 1.

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12
Q

When is incomplete accident considered mitigating?

A

If lack of due care or fault is present, leading to punishment under Article 365 (lower penalty than intentional felony).

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13
Q

Is incomplete uncontrollable fear a mitigating circumstance?

A

Yes, it is an incomplete exempting circumstance listed under Article 13, paragraph 1.

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14
Q

What is the second ordinary mitigating circumstance regarding age?

A

That the offender is under 18 years of age.

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15
Q

How are offenders under 18 generally treated?

A

Proceeded against under PD 603 and subject to RA 9344 (Juvenile Justice and Welfare Code). Sentence suspension may be automatic.

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16
Q

What is the other age-related mitigating circumstance?

A

That the offender is over 70 years old

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17
Q

What are the legal effects if the offender is over 70?

A

Mitigating circumstance; no imposition of death penalty; suspension of death sentence if already imposed; potential commutation.

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18
Q

What is the third ordinary mitigating circumstance?

A

That the offender had no intention to commit so grave a wrong as that committed (Praeter Intentionem).

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19
Q

When is lack of intent to commit so grave a wrong considered?

A

When there is a notable and evident disproportion between the means employed and the consequences.

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20
Q

Whose intention is considered?

A

The intention of the offender at the time of committing the crime, not during planning.

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21
Q

In what types of crimes is this mitigating circumstance NOT applicable?

A

Defamation or slander and felonies by negligence.

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22
Q

What is the fourth ordinary mitigating circumstance?

A

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

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23
Q

What constitutes provocation?

A

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

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24
Q

What are the requirements for sufficient provocation?

A
  1. The provocation must be sufficient. 2. It must originate from the offended party. 3. It must be immediate to the act.
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25
What does "sufficient" mean in the context of provocation?
Adequate to excite a person to commit the wrong; depends on the act, social standing, place, and time.
26
Can an act be provocation but not unlawful aggression?
Yes. An act not sudden or unexpected enough for self-defense can still be sufficient provocation.
27
What if there is a time gap between provocation and the crime?
No mitigating circumstance if there was an interval of time allowing the accused to regain self-control.
28
What kind of threat qualifies as mitigating?
A threat that is not offensive and positively strong (strong threats may constitute unlawful aggression).
29
Can a past threat still be mitigating?
Yes, if facts indicate the offender was still suffering from an outrage at the time of the crime.
30
What is the fifth ordinary mitigating circumstance?
That the act was committed in the immediate vindication of a grave offense to the offender or specified relatives.
31
What are the requirements for vindication of a grave offense?
1. A grave offense done to the offender or specified relatives. 2. The felony is committed in vindication of such offense.
32
Is a time lapse allowed in vindication?
Yes, a lapse of time is allowed between the grave offense and the act of vindication.
33
What is the focus of vindication as a mitigating circumstance?
The honor of a person
34
How is the gravity of the offense determined in vindication?
Consider the social standing of the person, the place, and the time when the insult was made.
35
To whom must the grave offense be directed?
At the accused. General remarks may not qualify.
36
Can vindication and passion/obfuscation co-exist based on the same fact?
Generally no, unless there are other closely connected facts.
37
What is the sixth ordinary mitigating circumstance?
Acting upon an impulse so powerful as naturally to have produced passion or obfuscation.
38
What is the reasoning behind passion or obfuscation as mitigating?
Loss of reason and self-control due to powerful excitement, diminishing free will.
39
From what kind of sentiments must passion or obfuscation arise?
Lawful sentiments, not lawlessness or revenge
40
What are the requirements for passion or obfuscation?
An unlawful and sufficient act to produce the condition. 2. The act was not far removed from the crime allowing recovery of equanimity.
41
What is the significance of time in passion or obfuscation?
A considerable lapse of time negates the mitigating circumstance as the offender could have regained composure.
42
Can passion or obfuscation arise from exercising a right or fulfilling a duty?
No.
43
Is passion or obfuscation compatible with planning?
No, not if the crime was planned, calmly meditated, or the impulse was deliberately fomented.
44
Where must the cause of passion or obfuscation originate?
Generally, from the offended party
45
Can passion or obfuscation arise from an honest but mistaken belief?
Yes.
46
Is passion or obfuscation compatible with treachery?
No, because loss of reason hinders the deliberate employment of a specific attack method.
47
How does passion/obfuscation differ from irresistible force?
Passion/obfuscation is mitigating, arises from lawful sentiments in the offender, and doesn't require physical force; irresistible force is exempting, unlawful, and comes from a third person
48
How does passion/obfuscation relate to provocation?
Passion/obfuscation may be caused by provocation, but must be immediate to the act, like the provocation itself, and both involve loss of reason.
49
What is the seventh ordinary mitigating circumstance?
That the offender had voluntarily surrendered himself to a person in authority or their agents.
50
What are the requirements for voluntary surrender?
1. The offender had not been actually arrested. 2. Surrendered to a person in authority or their agent. 3. The surrender was voluntary and spontaneous.
51
What indicates voluntariness in a surrender?
Spontaneity showing intent to surrender unconditionally, acknowledging guilt or saving authorities trouble and expense.
52
Give examples of surrenders NOT considered voluntary.
After arrest warrant served; motivated by safety; merely reporting the crime; pretending to surrender while being arrested; not fleeing but not actively surrendering; merely surrendering weapons.
53
Give examples of surrenders considered voluntary.
Surrendering to police to avoid reprisal after fleeing; surrendering when warrant not served; not fleeing and surrendering weapon with opportunity to hide.
54
Who is considered a "person in authority"?
One directly vested with jurisdiction (including Punong Barangay) or with power to govern and execute laws. One charged with maintaining public order and protecting life/property by law, election, or appointment, and anyone aiding a person in authority
55
Is mere intention to surrender enough?
No, a manifestation of intent without actual surrender is not mitigating.
56
Is a conditional surrender considered voluntary?
No, if the offender imposes a condition or acts with external stimulus.
57
What is the second part of the seventh ordinary mitigating circumstance?
That the offender had voluntarily confessed his guilt before the court prior to the presentation of evidence for the prosecution.
58
What are the requirements for a voluntary plea of guilt?
1. Spontaneous confession of guilt. 2. In open court. 3. Prior to prosecution presenting evidence.
59
When must the plea of guilt be made?
During the arraignment, not during preliminary investigation. It should be at the first opportunity.
60
Is a conditional plea of guilty mitigating?
No, especially if aimed at securing a specific penalty.
61
Is plea bargaining allowed in drug cases?
The prohibition in RA 9165 has been declared invalid by the Supreme Court pending rule changes.
62
Is a guilty plea to an amended information mitigating?
Yes, even if trial already started under the old information.
63
What must the court do when an accused pleads guilty to a grave offense?
Conduct a searching inquiry to ensure the accused understands the plea's meaning and consequences, require prosecution to present evidence, and ask if the accused wants to present their own evidence (mandatory under Rules on Criminal Procedure).
64
Why is a "searching inquiry" required for guilty pleas in serious cases?
To avoid improvident pleas, especially in capital cases where the sentence is irrevocable.
65
When is a plea of guilty NOT considered mitigating?
In culpable felonies and in crimes governed by special laws.
66
Why is a voluntary plea of guilt considered mitigating in general?
It is an act of repentance and respect for the law, indicating a favorable moral disposition for reform.
67
What is the eighth ordinary mitigating circumstance?
That the offender is deaf and dumb, blind, or otherwise suffering some physical defect which thus restricts his means of action, defense or communication.
68
What is the basis for considering physical defect as mitigating?
Lack of complete freedom and thus, diminished voluntariness.
69
Does this provision distinguish between educated and uneducated individuals with physical defects?
No, it considers them on equal footing.
70
What is the ninth ordinary mitigating circumstance?
Such illness of the offender as would diminish the exercise of the will power without however depriving him of the consciousness of his acts.
71
What are the requirements for illness to be mitigating?
1. The illness must diminish the exercise of will power. 2. It should not deprive the offender of the consciousness of his acts.
72
Give examples of illnesses that can be mitigating.
Dementia Praecox, manic depressive psychosis, mild behavior disorder, Battered Woman Syndrome (can also be exempting).
73
What happens if the offender completely loses will power due to illness?
It may be an exempting circumstance.
74
How does cumulative provocation relate to Battered Woman Syndrome and mitigation?
Severe, repeated beatings can constitute cumulative provocation, diminishing will power and entitling the victim to this mitigating factor.
75
What is the basis for mitigating liability due to illness?
Diminution of intelligence and intent.
76
What is the tenth ordinary mitigating circumstance?
Any other circumstance of a similar nature and analogous to the aforementioned (paragraphs 1 to 9 of Article 13).
77
Give examples of analogous mitigating circumstances.
Over 60 with failing eyesight (similar to over 70); outrage of creditor (similar to passion); voluntary restitution (similar to voluntary surrender); extreme poverty (similar to incomplete justification based on necessity, for crimes against property only).
78
What is NOT considered an analogous mitigating circumstance?
Running amuck.
79
What is a privileged mitigating circumstance related to minority?
Article 68 outlines penalties for those under 18.
80
What is the penalty for a minor 9-under 15 acting with discernment?
A discretionary penalty is imposed but ALWAYS LOWER by TWO degrees.
81
What is the penalty for a minor over 15 and under 18?
The penalty NEXT LOWER than that imposed by law, but always in the proper period.
82
What is the privileged mitigating circumstance for a not wholly excusable crime?
Penalty lower by one or two degrees, provided that the majority of the conditions for complete justification or exemption are present.
83
What is a privileged mitigating circumstance specific to illegal detention?
Voluntary release of the illegally detained person within three days without attaining the purpose and before criminal action.
84
What is a privileged mitigating circumstance specific to adultery?
Abandonment without justification of the spouse who committed adultery. Penalty is one degree lower.
85
Can ordinary mitigating circumstances be offset by aggravating circumstances?
Yes.
86
Can privileged mitigating circumstances be offset by aggravating circumstances?
No.
87
What is the effect of an ordinary mitigating circumstance if not offset?
Reduces the penalty to the minimum period, provided the penalty is divisible.
88
What is the effect of a privileged mitigating circumstance on the penalty?
Reduces the penalty by one or two degrees.
89
What happens when there are two mitigating circumstances and no aggravating circumstances?
The penalty NEXT LOWER shall be imposed.
90
Can Battered Woman Syndrome be a defense?
Yes, victims found by courts to be suffering from BWS do not incur criminal and civil liability despite lacking all elements of self-defense.
91
How do courts determine the state of mind of a woman with BWS?
Assisted by expert psychiatrists or psychologists.
92
What is the scientifically defined pattern of Battered Woman Syndrome?
Psychological and behavioral symptoms in women living in battery relationships due to cumulative abuse.
93
What defines a battered woman?
Repeatedly subjected to forceful physical or psychological behavior by a man to coerce her without concern for her rights, in an intimate relationship, with at least two cycles of battering.
94
What are the phases of the cycle of violence in Battered Woman Syndrome?
1. Tension-building phase. 2. Acute battering incident. 3. Tranquil, loving (or nonviolent) phase.
95
What happens during the tension-building phase?
Minor battering (verbal, slight physical, hostile behavior); woman tries to pacify batterer.
96
Describe the acute battering incident.
Brutality, destructiveness, sometimes death; woman feels unpredictable yet inevitable, with no control.
97
What characterizes the tranquil phase?
Profound relief; batterer may be tender and apologetic; battered woman hopes it won't happen again.
98
Who do mitigating circumstances based on moral attributes, private relations, or personal causes benefit?
Only the principals, accomplices, and accessories as to whom such circumstances are attendant.
99
Give examples of mitigating circumstances based on personal factors.
Obfuscation (moral attribute), robber being son of victim (private relation), minority (personal cause).
100
Name some circumstances that are neither exempting nor mitigating.
Abberatio Ictus, Error In Personae, Entrapment, offender being 18 years old, performance of a righteous action, running amuck.

Crim Law I (6 decks)

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