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Illness diminishing will-power, A13(9) Revised Penal Code

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;

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.

(Revised Penal Code)

2. Illness diminishing will-power

a. Ill, but not insane

For the mitigating circumstance of illness diminishing will-power, it should be emphasized that the accused herein is suffering from an illness that diminished his/her will-power; however, it is not sufficient as to deprive him of being conscious of what he/she was doing, particularly on the lawfulness or unlawfulness of his/her actions, and its legal consequences.

In short, the accused is ill – but not insane.

Read more: Imbecile or insane, A12(1) Revised Penal Code

b. History of mental illness

People v. Pantoja, G.R. No. 223114, November 29, 2017, Per Martires, J.:

• [Accused had a history of mental illness; however, there was no sufficient evidence to show that he was insane during the commission of the crime.]

• While the evidence of accused-appellant does not show that he was completely deprived of intelligence or...

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