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    Mitigating Circumstances Article 13 Chapter 3: Guindalos, Sharon Bscrim - Inte'L 3

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    Mitigating circumstances can lower the imposed penalty for a crime. There are ordinary mitigating circumstances that can lower the penalty by up to two degrees and privileged mitigating circumstances that have no limit on how much they can lower the penalty. The article lists 10 potential mitigating circumstances recognized in Philippine law, including being a minor or over 70 years old, having no intention to commit such a serious wrong, acting due to sufficient provocation or threat, or acting due to an impulse so powerful it produced passion or confusion.

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    Mitigating Circumstances Article 13 Chapter 3: Guindalos, Sharon Bscrim - Inte'L 3

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    xyji mave ingosan
    23 views5 pages
    Mitigating circumstances can lower the imposed penalty for a crime. There are ordinary mitigating circumstances that can lower the penalty by up to two degrees and privileged mitigating circumstances that have no limit on how much they can lower the penalty. The article lists 10 potential mitigating circumstances recognized in Philippine law, including being a minor or over 70 years old, having no intention to commit such a serious wrong, acting due to sufficient provocation or threat, or acting due to an impulse so powerful it produced passion or confusion.

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    Mitigating circumstances can lower the imposed penalty for a crime. There are ordinary mitigating circumstances that can lower the penalty by up to two degrees and privileged mitigating circumstances that have no limit on how much they can lower the penalty. The article lists 10 potential mitigating circumstances recognized in Philippine law, including being a minor or over 70 years old, having no intention to commit such a serious wrong, acting due to sufficient provocation or threat, or acting due to an impulse so powerful it produced passion or confusion.

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    23 views5 pages

    Mitigating Circumstances Article 13 Chapter 3: Guindalos, Sharon Bscrim - Inte'L 3

    Uploaded by

    xyji mave ingosan
    Mitigating circumstances can lower the imposed penalty for a crime. There are ordinary mitigating circumstances that can lower the penalty by up to two degrees and privileged mitigating circumstances that have no limit on how much they can lower the penalty. The article lists 10 potential mitigating circumstances recognized in Philippine law, including being a minor or over 70 years old, having no intention to commit such a serious wrong, acting due to sufficient provocation or threat, or acting due to an impulse so powerful it produced passion or confusion.

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    MITIGATING

    CIRCUMSTANCES
    ARTICLE 13 CHAPTER 3
    GUINDALOS, SHARON
    BSCRIM – INTE’L 3
    EFFECTS OF MITIGATING
    CIRCUMSTANCES

     Mitigating circumstances lowers the inflicted penalty


    ex. If the penalty was prision mayor if you have mitigating
    circumstances this penalty can be lowered according to the
    mitigating circumstances
     Set of conditions taken from the action to lower or reduce the
    said imposed penalty
    ex. Any act that can be considered as a mitigating the it is
    mitigating circumstances
     Mitigating some of it can be offset by aggravating circumstances
    but some can not be offset by aggravating circumstances
    ORDINARY MITIGATING AND
    PRIVILEGED MITIGATING
     ORDINARY MITIGATING  PRIVILEGED MITIGATING
     Circumstances that can  Can lower the penalty to
    lower the imposed 1 or more
    penalty  there’s no limit in
    reducing the penalty as
     It can lower the period to long as there is a
    a maximum of 2 degree privileged mitigating
    ex. Even if you have 10 ex. If you have 10
    mitigating only 4 privileged then you can
    mitigating can be used lower the penalty to to 10
    the 6 ramaining will just degree
    set the sentenced to its
    minimum
    MITIGATING CIRCUMSTANCES IN ART. 13 of RPC
     1. Those mentioned in the preceding chapter, when all the
    requisites necessary to justify or to exempt from criminal
    liability in the respective cases are not attendant
     2. That the offender is under eighteen year of age or over
    seventy years. In the case of the minor, he shall be proceeded
    against in accordance with the provisions of Art. 80
     3. That the offender had no intention to commit so grave a
    wrong as that committed
     4. That sufficient provocation or threat on the part of the
    offended party immediately preceded the act.
     5. That the act was committed in the immediate vindication of
    a grave offense to the one committing the felony (delito), his
    spouse, ascendants, or relatives by affinity within the same
    degrees
     6. That of having acted upon an impulse so powerful as naturally to
    have produced passion or obfuscation.
     7. 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 the
    evidence for the prosecution;
     8. That the offender is deaf and dumb, blind or otherwise suffering
    some physical defect which thus restricts his means of action,
    defense, or communications with his fellow beings.
     9. 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.
     10. And, finally, any other circumstances of a similar nature and
    analogous to those above mentioned.

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