Article 15. Their concept -
Alternative circumstances are those which must be taken into
consideration as aggravating or mitigating according to the nature and effects
of the crime and the other conditions attending its commission. They are
the relationship, intoxication, and the degree of instruction and education of
the offender.
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 name of the degree of the offender.
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 intoxication, if the same is not
habitual or subsequent to the plan to commit said felony, but when intoxication
is habitual or intentional, it shall be considered as an aggravating
circumstance.
Definition. Are those which must be
taken into consideration as aggravating or mitigating according to the nature
and effects of the crime and the other conditions attending its commission.
Basis. Nature and effects of the crime and the other
conditions attending its commission.
Alternative circumstances:
1.
Relationship
2.
Intoxication;
3.
Degree of instruction and
education of the offender.
Relationship. ALT C of relationship
shall be taken into consideration when the offended party is the -
a.
Spouse
b.
Ascendant
c.
Descendant
d.
Legitimate, natural,
adopted brother or sister, or
e.
Relative by affinity in the
same degree of the offender
f.
Step parents and step
child/ren - ascendant and descendant
g.
Adopter and adopted - ascendant and descendant
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Mitigating
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Aggravating
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Exempting
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Not MC or AC
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1.
In crimes against
property (Art 332)
a.
Robbery (Arts 294 - 302)
b.
Usurpation (Art 312)
c.
Fraudulent insolvency
(Art 314)
d.
Arson (Arts 321,322,
325,326)
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1.
Crimes against persons
Where:
a.
offended party is a
relative of a higher degree than the offender,
b.
or where offender and
offended party are relatives of the same line
c.
Not aggravating: when the
offender killed his brother in law
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Article 332
a.
Theft
b.
Swindling
c.
Estafa
Not
criminal liability therefore not MC or AC if the offender is related
to the offended
party as spouse, ascendant, or descendant
or if the offender is
a brother or
sister or brother
in law or
sister in law of the
offended party and
they are living together. (Absolutory
cause)
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Parricide
Adultery
Concubinage
because it is inseparable and
inherent in the offense
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(e) Only civil liability
committed by
Spouses, ascendants, descendants,
or relatives by affinity in same line;
brothers-, sisters- in-law
i.
Theft
ii.
Swindling
iii.
Malicious mischief
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Death of victim who is relative of a lower degree when the crime is homicide
(Art 249) or murder (Art 248)
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Article 247
Less serious physical injuries
Serious physical injuries
Where a spouse committed after having surprise the offended spouse or
paramour or mistress committing actual sexual intercourse
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Trespass to dwelling
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1.
Crime against persons
when it is serious physical injuries
(the offended party is descendant, whether illegitimate or legitimate)
2.
Less serious physical
injuries if offended party is relative of higher degree of the offender
3.
Slight physical injuries - same as b.
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Death of victim who is a step child by a step parent on the fact that
the victim of crime is a relative of lower degree, but not parricide
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Other condition attending;
Ex. Where accused killed his brother in law in view of conduct pursued
by the latter in contracting adulterous relations with the wife
of the accused; or
Accused, a brother in law, struck the deceased, the reason is to render
service to relative
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Crime against chastity
Acts of lasciviousness (Art 336)
Rape
Regardless
of whether the offender is a relative of a higher or lower degree of the
offended party
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Qualifying AC.
a.
Crime of qualified
seduction where the victim must be a virgin and under 18 years of age
b.
Qualified seduction if
the offender is the brother or son of the offended woman
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Intoxication.
Must be
proved
"when
the offender has committed a felony in a state of intoxication" - the
offender's mental faculties must be affected by drunkenness. Amount of liquor
must be of such quantity as to blur the offender's reason and deprive him of
self control.
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Mitigating
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Aggravating
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1.
If intoxication is not
habitual - Must be proved by satisfactory evidence, in the absence of proof
to the contrary, it is presumed to be unintentional
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1.
If intoxication is
habitual - one given to intoxication by excessive use of intoxicating drinks.
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2.
If intoxication is
unintentional - not subsequent to the
plan to commit a felony
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2.
If it is intentional
(subsequent to the plan of committing a felony)
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If the intoxication is accidental, where the accused was drunk at the time of
the commission of the crime is considered as MC
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Exception - when intoxication is non habitual but subsequent to the
plan to commit the crime.
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Degree of instruction and education of the offender.
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Mitigating
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Aggravating
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Low degree, absence of, or lack of instruction and education
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High degree of instruction and education
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Lack of sufficient intelligence
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Highly intelligent and exceptional and mentally alert
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Must be proved positively and directly and cannot be based on mere
deduction or inference.
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When the offender is a city resident who knows how to sign his name
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Trial court not the appellate court to FIND and CONSIDER the circumstance of lack of
instruction. When the trial court did not make any finding, an appeal that
alternative circumstance cannot be considered in fixing the penalty to be
imposed on the accused
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Apply in almost all crimes
Ex. Robbery with homicide; anti-subversion law; murder; homicide
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Crimes against property.
example. Estafa, theft,
robbery, arson
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Not mitigating:
Crimes against chastity. Eg. Rape and adultery
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Treason, Murder
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A professional who use his degree of instruction to take advantage of
it in committing the crime. Estafa, falsification, slander, etc. Exception -
lawyer liable for physical injuries,rape
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Note:
Non-habitual
intoxication, lack of instruction and obfuscation are not to be taken
separately.
One
mitigating circumstance and impose the proper penalty in the minimum period.
