• __
o One who is feebleminded warrants the
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Article 13. Mitigating circumstances. - The following are
mitigating circumstances;
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.
REASON
• The circumstance in paragraph 9 of Article 13 is mitigating
because there is a diminution of intelligence and intent. —
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ILNESS
- DEFINITIONS
- It is said that this paragraph refers only to diseases of
pathological state that trouble the conscience or will. If
a psychological disease does not lead someone to
experience insanity (i.e., complete deprivation of
intelligence) during the commission of a crime, it may
be appreciated as mitigating provided there is
diminution of will power.
- The foregoing legal provision refers only to diseases of
pathological state that trouble the conscience or will.
Requisites
a. The illness of the offender must diminish the exercise of
willpower
b. Such illness should not deprive the offender of
consciousness of his acts
Examples Where Illness Of The Offender Considered Mitigating
— as analogous to incomplete state of necessity
— People v. Balneg
o The mistaken belief of the accused that the
killing of a witch was for the public good
may be considered a mitigating
circumstance for the reason that those
who have obsession (that witches are to
be killed) does not have real control over
his will.
— People v. Amit
o Although being mentally sane, the
appellant is suffering from a mild behavior
disorder, which the court regarded as a
mitigating circumstance.
— People v. Carpenter
o One suffering from acute neurosis, which
diminished exercise of will power, is entitled
to this mitigating circumstance.
— People v. Formigones
finding in his favor of the mitigating
circumstance.
— People v. Antonio
o One suffering from schizo-affective disorder
or psychosis, which diminishes the exercise
of his will-power but does not deprive him
of the consciousness of his acts, may be
credited with this mitigating circumstance.
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Article 13. Mitigating circumstances. - The following are
mitigating circumstances;
10. And, finally, any other circumstances of a similar nature and
analogous to those above mentioned.
REASON
• Analogous Mitigating Circumstances —
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Analogous Mitigating Circumstances
- DEFINITION
- This paragraph authorizes the court to consider in favor
of the accused “any other circumstance of a similar
nature and analogous to those mentioned” in par. 1 –
9.
- EXAMPLES
a. Offender leading the law enforcers to the place where he
buried the instrument of the crime has been considered as
equivalent to voluntary surrender
b. Stealing driven to do so out of extreme poverty is considered
c. Over 60 years old with failing sight, similar to over 70 years of
age mentioned in par. 2. [People v. Reantillo, G.R. No L-45685
(1938)]
d. Voluntary restitution of stolen goods similar to voluntary
surrender [People v. Luntao, 50 O.G. 1182]
e. Impulse of jealous feelings, similar to passion and obfuscation.
[People v. Libria, G.R. No. L6585 (1954)]
f. Extreme poverty and necessity, similar to incomplete
justification based on state of necessity. [People v. Macbul, G.R.
No. L-48976 (1943)]
g. Testifying for the prosecution, without previous discharge,
analogous to a plea of guilty. [People v. Navasca, G.R. No. L-
29107 (1977)]
h, Canta v. People, G.R. No. 140937 (2001): Canta stole a cow
but alleges that he mistook the cow for his missing cow. He
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