Analogous mitigating circumstances, A13(10) Revised Penal Code

1. Concept

Analogous mitigating circumstance – refers to the mitigating circumstance under the Revised Penal Code that is similar to the other mitigating circumstances under Article 13 of the Revised Penal Code.

a. Legal basis

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.

(Revised Penal Code)

2. Analogous circumstances

For the mitigating circumstance of analogous mitigating circumstances, they have to be circumstances similar or substantially the same with those under Article 13 of the Revised Penal Code.

a. Cases considered analogous circumstances

1) Extreme poverty

People v. Macbul, En Banc, G.R. No. L-48976, October 11, 1943, Per Ozaeta, J.:

• [The Accused] pleaded guilty to an information for theft of two sacks of papers valued at P10 belong to the Provincial Government of Sulu, alleged to have been committed on March 9, 1943, in the municipality of Jolo; it being also alleged that he was a habitual delinquent, having been twice convicted of the same crime on November 14, 1928, and August 20, 1942.

• The...