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Flashcards in Revised Penal Code 3 Deck (34):

Article 13 [1]. Mitigating Circumstances

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


Article 13 [2]. Mitigating Circumstances

2. That the offender is under eighteen years of age or over seventy years. In the case of the minor, he shall be proceeded against in accordance with the provisions of Article 80.

Amended by RA No. 9344 (Juvenile Justice and Welfare Act of 2006)
A child above 15 but below 18 who acted without discernment may be exempt from criminal liability.


Article 13 [3]. Mitigating Circumstances

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


Article 13 [4]. Mitigating Circumstances

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


Article 13 [5]. Mitigating Circumstances

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


Article 13 [6]. Mitigating Circumstances

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


Article 13 [7]. Mitigating Circumstances

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


Article 13 [8]. Mitigating Circumstances

8. 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.


Article 13 [9]. Mitigating Circumstances

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


Article 13 [10]. Mitigating Circumstances

10. And, finally, any other circumstances of a similar nature and analogous to those above-mentioned


Article 14 [1]. Aggravating Circumstances

1. That advantage be taken by the offender of his public position.


Article 14 [2]. Aggravating Circumstances

2. That the crime be committed in contempt of or with insult to the public authorities.


Article 14 [3]. Aggravating Circumstances

3. That the act be committed with insult or in disregard of the respect due the offended party on account of his rank, age, or sex, or that it be committed in the dwelling of the offended party, if the latter has not given provocation.


Article 14 [4]. Aggravating Circumstances

4. That the act be committed with abuse of confidence or obvious ungratefulness.


Article 14 [5]. Aggravating Circumstances

5. That the crime be committed in the palace of the Chief Executive, or in his presence, or where public authorities are engaged in the discharge of their duties or in a place dedicated to religious worship.


Article 14 [6]. Aggravating Circumstances

6. That the crime be committed in the nighttime or in an uninhabited place, or by a band, whenever such circumstances may facilitate the commission of the offense.

Whenever more than three armed malefactors shall have acted together in the commission of an offense, it shall be deemed to have been committed by a band.


Article 14 [7]. Aggravating Circumstances

7. That the crime be committed on the occasion of a conflagration, shipwreck, earthquake, epidemic, or other calamity or misfortune.


Article 14 [8]. Aggravating Circumstances

8. That the crime be committed with the aid of armed men or persons who insure or afford impunity.


Article 14 [9]. Aggravating Circumstances

9. That the accused is a recidivist.

A recidivist is one who, at the time of his trial for one crime, shall have been previously convicted by final judgment of another crime embraced in the same title of this Code.


Article 14 [10]. Aggravating Circumstances

10. That the offender has been previously punished for an offense to which the law attaches an equal or greater penalty or for two or more crimes to which it attaches a lighter penalty.


Article 14 [11]. Aggravating Circumstances

11. That the crime be committed in consideration of a price, reward, or promise


Article 14 [12]. Aggravating Circumstances

12. That the crime be committed by means of inundation, fire, poison, explosion, stranding of a vessel or intentional damage thereto, derailment of a locomotive, or by the use of any other artifice involving great waste and ruin.


Article 14 [13]. Aggravating Circumstances

13. That the act be committed with evident premeditation.


Article 14 [14]. Aggravating Circumstances

14. That craft, fraud, or disguise be employed.


Article 14 [15]. Aggravating Circumstances

15. That advantage be taken of superior strength, or means be employed to weaken the defense.


Article 14 [16]. Aggravating Circumstances

16. That the act be committed with treachery (alevosia).

There is treachery when the offender commits any of the crimes against person, employing means, methods or forms in the execution thereof which tend directly and specially to insure its execution, without risk to himself arising from the defense, which the offended party might make.


Article 14 [17]. Aggravating Circumstances

17. That means be employed or circumstances brought about which add ignominy to the natural effects of the act.


Article 14 [18]. Aggravating Circumstances

18. That the crime be committed after an unlawful entry.

There is unlawful entry when an entrance is effected by a way not intended for the purpose.


Article 14 [19]. Aggravating Circumstances

19. That as a means to the commission of a crime a wall, roof, floor, door, or window be broken.


Article 14 [20]. Aggravating Circumstances

20. That the crime be committed with the aid of persons under fifteen years of age, or by means of motor vehicle, airships, or other similar means.


Article 14 [21]. Aggravating Circumstances

21. That the wrong done in the commission of the crime be deliberately augmented by causing other wrong not necessary for its commission.


Article 15 [1] . Alternative Circumstances

Alternative circumstances are those which must be taken into consideration as aggravating or mitigating according to the nature and effect of the crime and the other conditions attending its commission. They are the relationship, intoxication, and degree of instruction and education of the offender.


Article 15 [2] . Alternative Circumstances

The alternative circumstance of relationship shall be taken into consideration when the offended party is the spouse, ascendant, descendant, legitimate, natural, or adopted brother or sister, or relative by affinity in the same degree of the offender.


Article 15 [3]. Alternative Circumstances

The intoxication of the offender shall be taken into consideration as a mitigating circumstance when the offender has committed a felony in a state of intoxcation, if the same is not habitual or subsequent to the plan to commit said felony; but when the intoxication is habitual or intentional, it shall be considered as an aggravating circumstance.