1. Concept Incomplete justifying or to exempting circumstances – refers to the mitigating circumstance under the Revised Penal Code wherein not all of the requisites necessary to justify or exempt from criminal liability are present. a. Legal basis Article 13. Mitigating circumstances. – The following are mitigating circumstances; 1. Those mentioned in the preceding chapter,…
1. Concept Minority or seniority – refers to the mitigating circumstance under the Revised Penal Code wherein the accused is a minor being under 18 years old or a senior being over 70 years old. a. Legal basis Article 13. Mitigating circumstances. – The following are mitigating circumstances; 2. That the offender is under eighteen…
1. Concept Lack of intention to commit so grave a wrong – refers to the mitigating circumstance under the Revised Penal Code wherein the accused had no intention to commit so grave a wrong as that committed. a. Legal basis Article 13. Mitigating circumstances. – The following are mitigating circumstances; 3. That the offender had…
1. Concept Sufficient provocation or threat – refers to the mitigating circumstance under the Revised Penal Code wherein there was sufficient provocation or threat on the part of the offended party immediately preceding the act. a. Legal basis Article 13. Mitigating circumstances. – The following are mitigating circumstances; 4. That sufficient provocation or threat on…
1. Concept Immediate vindication of a grave offense – refers to the mitigating circumstance under the Revised Penal Code wherein the accused committed the offense in immediate vindication of a grave offense to the one committing the felony, his spouse, ascendants, or relatives by affinity within the same degrees. a. Legal basis Article 13. Mitigating…
1. Concept Passion or obfuscation – refers to the mitigating circumstance under the Revised Penal Code wherein the accused acted upon an impulse so powerful as naturally to have produced passion or obfuscation. a. Legal basis Article 13. Mitigating circumstances. – The following are mitigating circumstances; 6. That of having acted upon an impulse so…
1. Concept Voluntary surrender – refers to the mitigating circumstance under the Revised Penal Code wherein the accused voluntarily surrender to a person in authority or the latter’s agents, or voluntarily confessed to his/her guilt before the court prior to the presentation of the evidence for the prosecution. a. Legal basis Article 13. Mitigating circumstances….
1. Concept Physical defect – refers to the mitigating circumstance under the Revised Penal Code wherein the accused is either/combination of being a deaf and dumb, blind or otherwise suffering some physical defect which would restrict his/her means of action, defense, or communication with his/her fellow beings. a. Legal basis Article 13. Mitigating circumstances. -…
1. Concept Illness diminishing will-power – refers to the mitigating circumstance under the Revised Penal Code wherein the accused is afflicted with an illness that would diminish the exercise of his/her will-power without, however, depriving him/her of the consciousness of his/her acts. a. Legal basis Article 13. Mitigating circumstances. – The following are mitigating circumstances;…
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…