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Immediate vindication, A13(5) Revised Penal Code

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 circumstances. - The following are mitigating circumstances;

5. That the act was committed in the immediate vindication of a grave offense to the one committing the felony (delito), his spouse, ascendants, or relatives by affinity within the same degrees.

(Revised Penal Code)

2. Immediate vindication

For the mitigating circumstance of immediate vindication, the accused committed the offense as a form of immediate vindication of a grave offense against himself/herself, or his/her spouse, ascendants, or relatives by affinity within the same degrees.

People v. Santos, G.R. Nos. 99259-60, March 29, 1996, Per Francisco, J.:

• [T]he defense failed to adduce sufficient evidence to prove that a grave offense had in fact been committed by Francisco and Valentine against his father. By [the Accused]’s own admission, he was not present when the alleged skirmish took place. His testimony is hearsay, deserving no weight whatsoever and is in fact inadmissible in evidence. Further, proof exists that from the time [the Accused] learned of the alleged fight up to the time Francisco and Valentino arrived at [the Accused...

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