ART.
11 (Justifying circumstances: self defense; defense of relative;
Mitigating circumstances- if present,
reduces the penalty imposed
-based on diminution of freedom, intelligence,
intent or on lesser perversity of offender
Art. 13. Mitigating circumstances. —
The following are mitigating circumstances;
1. Those mentioned in the preceding chapter, when
all the requisites necessary to justify or to exempt
from criminal liability in the respective cases are not
attendant.
2. That the offender is under eighteen year of age
or over seventy years. In the case of the minor, he
shall be proceeded against in accordance with the
provisions of Art. 80. *
3. That the offender had no intention to commit so
grave a wrong as that committed.
4. That sufficient provocation or threat on the part
of the offended party immediately preceded the act.
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.
karmelamirriamebreo
defense of stranger; avoidance of injury causes damage; in performing a
duty or following a right; obedience to orders)
 unlawful aggression MUST be present
 INCOMPLETE justifying circumstances are mitigating
ART. 12 (Exempting circumstances: 3-minor with discernment;
4-injury by accident;6-uncontrollabe fear)
 RA 9344 minor = 15 and below
Mitigating if 15, 18 WITH discernment
 12(4) act MUST be lawful and WITHOUT intention,
otherwise, it’s intentional felony
RA 9344 Juvenile Justice and Welfare Act of 2006
Diversion – child-appropriate process of identifying the responsibility
and treatment of a child in conflict with the law
Diversion Program – program that a child in conflict with the law shall
undergo after being found responsible for an offense
Determination of Age PRESUMP: minority
Birth cert in absence: child’s claim
Baptismal cert testimonies
Other docs physical appearance; other relevant evidences
over 70 yrs. old- generic mitigating
DIMINUTION OF INTELLIGENCE
IF proven facts show that there is a notable and evident disproportion
between the means employed to execute the criminal act and its
consequences
FACTORS:
1. weapon used
2. injury inflicted
3. part of the body injured
4. manner of inflicting
**refers only to the intention of offender DURING commission of crime
not during planning stage
**applicable only to offenses result: physical injuries or material harm
**not applicable if offender applied BRUTE force and TREACHERY
DIMINUTION OF INTENT
PROVOCATION (threat)- any unjust or improper conduct or act of the
offended party; capable of exciting, inciting or irritating anyone
Requisites:
1. sufficient
2. originate from offended party
3. immediate to the act of provoked
**threat should not be offensive and positively strong; otherwise,
self defense
DIMINUTION OF INTELLIGENCE AND INTENT
VINDICATION- grave offense done against offender’s relatives
Requisites:
1.grave offense done to spouse, ascendant, descendant, legitimate,
natural or adopted brods and sisses or relatives affinity same degree
2.felony committees in vindication of such offense
**grave offense: social standing of offended, place, time of insult
** allows proximate time interval

6. That of having acted upon an impulse so powerful
as naturally to have produced passion or obfuscation.
7. That the offender had voluntarily surrendered
himself to a person in authority or his agents, or that he
had voluntarily confessed his guilt before the court
prior to the presentation of the evidence for the
prosecution;
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.
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.
10. And, finally, any other circumstances of a similar
nature and analogous to those above mentioned.
karmelamirriamebreo
PASSION OR OBFUSCATION: non-existing after 24 hrs. even 30 mins.
Requisites:
1.accused acted upon impulse or lawful sentiments
2.impulse is so powerful
Loss of reason and self-control diminish will power
Acts must be:
1.unlawful and sufficient to produce condition of mind
2. proximate to the criminal act,
not admitting of time during which the
perpetrator might recover his normal equanimity
**may arise from honest belief
**obfuscation when relationship is illegitimate is NOT mitigating
**arising from ONE cause =ONE mitigating circumstance only EXCEPT
when other facts are CLOSELY connected
VOLUNTARY SURRENDER
1. offender not actually arrested
2. offender surrendered to person in authority
3. surrender was voluntary
VOLUNTARY PLEA OF GUILT (an act of repentance and respect for law)
1. spontaneously confessed his guilt – no external stimulus
2. confession was made in open court
3. confession prior to presentation of the evidence for the prosecution
WHEN SURRENDER VOLUNTARY
- spontaneous, showing intent of the accused to submit himself
unconditionally to the authorities, either because:
 acknowledges his guilt; or
 wishes to save them the trouble and expense necessarily incurred in
his search and capture.
**surrender to a person of authority or his agent or through
intermediary
**If accused pleaded not guilty, even if during arraignment, he is entitled
to mitigating circumstance as long as he withdraws his plea of not guilty
to the charge before the fiscal could present his evidence.
**intention to surrender without actual is not mitigating
**plea of guilty to lesser offense not mitigating
Physical defect must restrict means of action, defense/ communication
with others. Does not distinguish between educated/not educated.
Illness
Requisites:
1. must diminish the exercise of his will-power
2. should not deprive the offender of consciousness of his acts
**illness of mind not amounting to insanity, feeblemindedness, weak
character and misfortunes, acute neurosis
Examples of similar circumstances
**defendant who is 60 years old with failing eyesight is similar to a case
of one over 70 yrs old
**outraged feeling of owner of animal taken for ransom is analogous to
vindication of grave offense
** impulse of jealous feeling, similar to passion and obfuscation
running amuck is not mitigating voluntary restitution of property,
similar to voluntary surrender
**extreme poverty, similar to incomplete justification based on state of
necessity