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
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