One of the 5 circumstances that affect An example is when the relationship is
the criminal liability is: mitigating in crimes.
Article 15. Alternative circumstances - 1. Against property
must be taken into consideration or the 2. Crimes of Robbery (Arts. 294-302)
crimes may aggravate or mitigate. 3. Usurpation (Art. 312)
● According to the nature and effects 4. Fraudulent insolvency (Art. 314)
of the crime and the other 5. Arson (Arts. 321-322, 325-326)
conditions which attend its When the relationship is aggravating
commission. circumstances.
There are 3 following alternative 1. In crimes against persons - a
circumstances and these are: relative of a higher degree than the
1. Relationships offender or when the offender and
● The first ground for alternative the offended party are relatives of
circumstances is the Relationship the same level.
that shall be taken into When it comes to physical injuries
consideration. 1. It is aggravating if the crime involves
When the offended party is any of the ff. serious physical injuries (Art.
● First, the SPOUSE - it is the wife 263)
or husband. 2. While it is mitigating when the
● Second, the ASCENDANT - it is offense committed is less serious
before you (your parents and physical injuries or slight
grandparents) physical injuries. (a relative of a
● Third, the DESCENDANT - the lower degree) however, if it is a
direct biological line (which are your relative of a higher degree it is
children, grandchildren, and aggravating.)
great-grandchildren) 3. If the crime is homicide or
● Fourth, the Legitimate, natural, murder - aggravating either a lower
or adopted brother or sister. or higher degree.
● And Fifth the RELATIVE by 4. If it is rape, it is aggravating
AFFINITY in the same degree as (even a stepfather - stepdaughter or
the offender. A relationship by own daughter.)
marriage until the third degree.
5. In crimes against chastity like ● Question: What crimes can Jonas
acts of lasciviousness (Art. 336) and Jaja charged with?
relationship is always aggravating. ● Answer: A complex crime of
attempted murder with homicide.
2. Intoxication ● Defense: The accused had no
● Is also one of the grounds in intention to commit so grave a
alternative circumstances, which wrong as that committed as they
may be considered if either it is merely intended to frighten Jepoy.
mitigating or aggravating. It is one ● Jonas committed the crime in a state
of the defenses available in criminal of intoxication, impairing his
law. willpower or capacity to understand
● A defendant who raises this defense the wrongfulness of his act.
claims that he should not be held ● It may not considered aggravating
liable for a crime because it as there is no clear indication from
prevented him from forming the the facts that it was habitual or
necessary “Mens Rea” or does not intentional.
have a guilty mind. ● Aggravating circumstances - are
Example: If a man is drunk or intoxicated not to be presumed, they should be
and committed a wrongful act. proved beyond a reasonable doubt.
● It is mitigating if it is not habitual,
or it is not subsequent to the plan to 3. Degree of instruction and
commit a felony. education of the offender.
Example: at the time of the commission of ● The test: for mitigating
the criminal act, the accused has taken such circumstances
a quantity of alcoholic drinks as to blur his ● Lack of instruction is not illiteracy
reason and deprive him of his control. alone. But, rather a lack of sufficient
● It must be proved, that is intelligence.
established by satisfactory evidence. ● Mitigating: low degree of
● Then it would be an aggravating instruction and education.
circumstance if he is a habitual ● Aggravating: High degree of
liquor drinker. Or if it is intentional to instruction and education (when the
the plan to commit a felony.
offender took advantage of his
learning in committing the crime.)
General Rule: Lack of sufficient
education is mitigating.
Exceptions:
1. Crime against property (arson,
estafa, theft, and robbery)
2. Crime against chastity
3. Treason because love of country
should be a natural feeling of every
citizen, however unlettered or
uncultured he may be.
To remember it easily take note of the
mnemonic word “R-I-D”
● Relationship, Intoxication, and the
Degree of Instruction, and education
of the offender.
