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Chapter Three CIRCUMSTANCES WHICH MITIGATE CRIMINAL LIABILITY Art. 13. Mitigating circumstances. — The following are mitigating circumstances: Ch i i ing chapter, when all 1. Those mentioned in the preceding cl the requisites necessary to justify the act or to exempt from criminal liability in the respective cases are not attendant. 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. 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. 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, 6. That of having acted upon an impul: as naturally to have produced passion or —— presentation of the evidence ea re the court prior to the '€ prosecution. 8 7 F " otherwise sufterney render is deaf and dumb, blind, or his means of action fired Physical defect which thus restricts beings. vesense, Or communication with his fellow 262 «og 9 LITLE ONE Felonies and Circumstances which | fect Criminal Liability i ae eae the offender as would diminish the serio asin of Power of the offender without however gepriving ‘im of consciousness of his acts. 10. a pak any other circumstances of a similar gxture anid. aneingons to those above-mentioned. Par. 1. — ties 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, “Those mentioned in the preceding chapter.” This clause has reference to (1) justifying circumstances, and (2) exempting circumstances which are covered by Chapter Two of Title One. Circumstances of justification or exemption which may give place to mitigation. The circumstances of justification or exemption which may give slave to mitigation, because not all the requisites necessary 0 justify the act or to exempt from criminal liability in the respective cases are attendant, are the following: J) Self-defense (Art. 11, par. Ds (2) Defense of relatives (Art. 11, par. 2); 48) Defense of stranger (Art. 11, par. 3); JA) State of necessity (Art. 11, par. 4); 45) Performance of duty (Art. 11, par. 5); 4) Obedience to order of superior (Art. 11, par. 6); 4) Minority above 15 but below 18 years ofage (R.A. No. 9344); (8) Causing injury by mere accident (Art. 12, par. 4); and (9) Uncontrollable fear. (Art. 12, par- 6) of Article 12 cannot give he Supreme Court of Jace to mitigation, Paragraphs 1 and 2 Spain, the penal because, as stated by t 263