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. - The following are mitigating circumstances;
8. That the offender is deaf and dumb, blind or otherwise suffering some physical defect which thus restricts his means of action, defense, or communications with his fellow beings.
(Revised Penal Code)
2. Physical defect restricting action, defense, or communications
For the mitigating circumstance of physical defect restricting action, defense, or communications, the accused is suffering from some disability that restricted or limited his/her means of action, defense, or communications with other persons.
a. Born or acquired
There is no requirement that the accused was born with a physical defect. Otherwise stated, the accused does not have the disability or handicap since birth. Thus, it is possible that the accused acquired such physical defect, e.g. he/she became deaf and dumb, blind.
b. Deaf and dumb
Per the provision, there accused has to be both deaf and dumb in order for the mitigating circumstance of physical defect. Thus, that the accused is deaf but not dumb, does not necessarily mean that this mitigating circumstance will be...
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