Mitigating
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)
(e) Only civil liability
committed by
Spouses, ascendants,
descendants,
or relatives by affinity
in same line;
brothers-, sisters- in-
law
i. Theft
ii. Swindling
Aggravating
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
Death of victim who is
relative of a lower degree
when the crime is
homicide (Art 249) or
murder (Art 248)
Exempting Not MC or AC
Article 332 Parricide
a. Theft Adultery
b. Swindling Concubinage
c. Estafa because it is
Not criminal liability therefore not inseparable and
MC or AC if the offender
inherent in the offense
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 t
hey are living together.
(Absolutory cause)
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
iii. Malicious mischief
Trespass to dwelling 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.
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
Other condition Crime against chastity
attending; Acts of lasciviousness
Ex. Where accused (Art 336)
killed his brother in law Rape
in view of conduct Regardless of whether the
pursued by the latter in offender is a relative of a
contracting adulterous higher or lower degree of
relations with the wife the offended party
of the accused; or
Accused, a brother in
law, struck the
deceased, the reason
is to render service to
relative
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

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.
Mitigating Aggravating
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
2. If intoxication is
unintentional - not
subsequent to the plan
to commit a felony
If the intoxication is
accidental, where the
accused was drunk at
the time of the
commission of the crime
is considered as MC
1. If intoxication is habitual -
one given to intoxication by
excessive use of intoxicating
drinks.
2. If it is intentional
(subsequent to the plan of
committing a felony)
Exception - when intoxication
is non habitual but
subsequent to the plan to
commit the crime.

Degree of instruction and education of the offender.

Mitigating Aggravating
Low degree, absence of, High degree of instruction
or lack of instruction and and education
education
Lack of sufficient Highly intelligent and
intelligence exceptional and mentally
alert
Must be proved positively When the offender is a city
and directly and cannot resident who knows how to
be based on mere sign his name
deduction or inference.
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
Apply in almost all crimes Crimes against property.
Ex. Robbery with example. Estafa, theft,
homicide; anti-subversion robbery, arson
law; murder; homicide
Not mitigating:
Crimes against chastity.
Eg. Rape and adultery

Treason, Murder
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

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.

Categories: Criminal Law 1

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