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    Alternative Circumstances

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    Tin Angus
    This document discusses three alternative circumstances in Article 15: relationship, intoxication, and instruction or education. For relationship, it can be mitigating or aggravating depending on the crime and relationship between victim and accused. Intoxication can be mitigating if not habitual and the accused did not plan the crime in advance, but is aggravating if the accused planned the crime while intoxicated. Lack of instruction or education is generally mitigating except for crimes against property, chastity, and treason, as those crimes are inherently wrongful regardless of education level. Being able to finish grade one is considered having sufficient education.

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    Alternative Circumstances

    Uploaded by

    Tin Angus
    757 views3 pages
    This document discusses three alternative circumstances in Article 15: relationship, intoxication, and instruction or education. For relationship, it can be mitigating or aggravating depending on the crime and relationship between victim and accused. Intoxication can be mitigating if not habitual and the accused did not plan the crime in advance, but is aggravating if the accused planned the crime while intoxicated. Lack of instruction or education is generally mitigating except for crimes against property, chastity, and treason, as those crimes are inherently wrongful regardless of education level. Being able to finish grade one is considered having sufficient education.

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    This document discusses three alternative circumstances in Article 15: relationship, intoxication, and instruction or education. For relationship, it can be mitigating or aggravating depending on the crime and relationship between victim and accused. Intoxication can be mitigating if not habitual and the accused did not plan the crime in advance, but is aggravating if the accused planned the crime while intoxicated. Lack of instruction or education is generally mitigating except for crimes against property, chastity, and treason, as those crimes are inherently wrongful regardless of education level. Being able to finish grade one is considered having sufficient education.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    757 views3 pages

    Alternative Circumstances

    Uploaded by

    Tin Angus
    This document discusses three alternative circumstances in Article 15: relationship, intoxication, and instruction or education. For relationship, it can be mitigating or aggravating depending on the crime and relationship between victim and accused. Intoxication can be mitigating if not habitual and the accused did not plan the crime in advance, but is aggravating if the accused planned the crime while intoxicated. Lack of instruction or education is generally mitigating except for crimes against property, chastity, and treason, as those crimes are inherently wrongful regardless of education level. Being able to finish grade one is considered having sufficient education.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 3

    Article 15

    ALTERNATIVE CIRCUMSTANCES
    Relationship
    -

    Relationship as an absolutory cause in the theft, estafa or malicious mischief


    where the victim is the spouse, ascendant, descendant, widow, brother or
    sister, or relative by affinity in the same ground of the accused (Art. 332)
    The accused must be living in the same house as that of the offended party
    Generally, is mitigating in crimes against property, as in trespass, robbery or
    arson
    Always aggravating in crimes against persons if the crime is committed is a
    grave felony (relative of higher/lower degree) e.g., serious physical injuries,
    parricide, homicide or murder, mitigating if light or less serious, e.g., slight
    physical injuries where victim is of a lower degree and aggravating if the
    victim is of a higher or equal degree.
    Serious, less, or slight physical injuries must be specifically indicated
    Less or slight depends on the degree of the relative
    Relationship of stepparents and step children is analogous to ascendant,
    descendant due to the mututal duties arising from their relation.
    Similar principle should apply to adopter and adoptee.
    Relationship between uncle and niece, aunts and nephews not contemplated
    in Article 15

    Intoxication:
    -

    Mitigating if not habitual or subsequent to the plan to commit the felony


    Accidental or prior to any criminal resolve intoxication was more out of
    impulse or a delusion born of alcohol.
    o Mitigating
    o No evidence of a plan, or being intentional
    Habitual drunkards or if the accused already resolved to commit the crime
    who then hot intoxicated so as to fortify the resolve with the false courage
    dictated by liquor, AGGRAVATING.
    o Evidence of habitualness of drinking.
    Needs to be proven that there was a plan.
    No hard and fast rules on the amount of liquor
    Test is that it must sufficed to affect mental faculties to the extent of blurring
    his reason and depriving him of self-control
    Regardless of the degree of inebriation, intoxication can never be an
    exempting circumstance (alternative ci
    Being under the influence of alcohol, any illicit drug or any other mind altering
    substance shall not be a defense under the Anti violence against women and
    their children Act of 2004 (Sec. 27, RA 9262)

    Instruction or Education
    -

    Does not refer only to literacy but more to the level of intelligence of accused.

    Refers to the lack of sufficient intelligence and knowledge of the full


    significance of ones acts.
    As a general proposition, lack of sufficient education is mitigating.
    Being able to finish grade one is sufficient in the level of intelligence.
    o

    Not mitigating in:


    Crimes against property (arson, estafa, theft, robbery)
    Inherently wrongful, no reflection is needed
    Crimes against Chastity (always aggravating)
    Treason

    Generally not mitigating in murder and homicide


    But was mitigating where offender was ignorant and lived away from civilized
    communities
    o As when he believed in witchcraft
    Muslim accused of robbery sought mitigation because he belonged to a
    cultural minority. Supreme Court rejected the argument. It now cannot be said
    of any member of a cultural minority that he is uncivilized (P v. Macatanda, GR
    51368)
    Robbery and killing are by their very nature just as wrong to the ignorant as
    they are the enlightened (P v. Salip Manla, GR No. L-21688)

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