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    Alternative Circumstances Are Those Which Must Be Taken Into Consideration As Aggravating or

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    Zak Zalazal II
    Alternative circumstances that must be considered as aggravating or mitigating factors include: 1. Relationship to the victim, which can be mitigating for crimes against property but aggravating for crimes against persons, depending on the relative positions of the offender and victim. 2. Intoxication, which is generally mitigating if it impaired the offender's reasoning, but can be aggravating if the intoxication was habitual or intentional to facilitate the crime. 3. Education level, which is usually mitigating for all crimes except those against chastity and property, though intelligence rather than formal schooling is the key consideration. A high level of education can be aggravating if used to enable the crime.

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    Alternative Circumstances Are Those Which Must Be Taken Into Consideration As Aggravating or

    Uploaded by

    Zak Zalazal II
    35 views2 pages
    Alternative circumstances that must be considered as aggravating or mitigating factors include: 1. Relationship to the victim, which can be mitigating for crimes against property but aggravating for crimes against persons, depending on the relative positions of the offender and victim. 2. Intoxication, which is generally mitigating if it impaired the offender's reasoning, but can be aggravating if the intoxication was habitual or intentional to facilitate the crime. 3. Education level, which is usually mitigating for all crimes except those against chastity and property, though intelligence rather than formal schooling is the key consideration. A high level of education can be aggravating if used to enable the crime.

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    Alternative Circumstances

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    Alternative circumstances that must be considered as aggravating or mitigating factors include: 1. Relationship to the victim, which can be mitigating for crimes against property but aggravating for crimes against persons, depending on the relative positions of the offender and victim. 2. Intoxication, which is generally mitigating if it impaired the offender's reasoning, but can be aggravating if the intoxication was habitual or intentional to facilitate the crime. 3. Education level, which is usually mitigating for all crimes except those against chastity and property, though intelligence rather than formal schooling is the key consideration. A high level of education can be aggravating if used to enable the crime.

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    35 views2 pages

    Alternative Circumstances Are Those Which Must Be Taken Into Consideration As Aggravating or

    Uploaded by

    Zak Zalazal II
    Alternative circumstances that must be considered as aggravating or mitigating factors include: 1. Relationship to the victim, which can be mitigating for crimes against property but aggravating for crimes against persons, depending on the relative positions of the offender and victim. 2. Intoxication, which is generally mitigating if it impaired the offender's reasoning, but can be aggravating if the intoxication was habitual or intentional to facilitate the crime. 3. Education level, which is usually mitigating for all crimes except those against chastity and property, though intelligence rather than formal schooling is the key consideration. A high level of education can be aggravating if used to enable the crime.

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    © All Rights Reserved
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    Alternative Circumstances

    Alternative circumstances are those which must be taken into consideration  as  aggravating  or
    mitigating  according  to  the nature  and effects of the crime and other  conditions  attending its
    commission.

    Specific circumstances:

    1. Relationship

    It shall be taken into consideration when the offended party is  the  spouse,   ascendant,  
    descendant, legitimate, natural, or adopted brother or sister, or relative by  affinity  in  the  same
    degree of  the  offender. (Art. 15)

    Relationship of stepfather or stepmother and stepson or stepdaughter is included by analogy as


    similar to ascendant or descendant. (People v. Bersabal, 48 Phil. 439)  But relationship between
    uncle and niece is not included. (US v. Incierto, 15 Phil. 358)

    Relationship is mitigating in crimes against property.  But in theft, estafa and malicious mischief,
    relationship is exempting.

    It  is considered  as an aggravating circumstance in crimes against persons if the offended party
    is of a higher level than the offender, or when the offender and the offended party are relatives of
    the same level. (People v. Mercado, 51 Phil. 99) As a rule, relationship is mitigating if the
    offended party is of a lower level than that of the offender or even exempting if committed by a
    parent in excessive chastisement.

    In crimes against chastity, relationship is aggravating whether the offender is of a higher or lower
    degree than that of the offended party.  It is due to the nature of the crime. (People v. Porras, 58
    Phil. 578)

    2. Intoxication

    As a general rule, intoxication is a mitigating circumstance. It must be shown that at the time of
    the commission of the criminal act, the accused has taken such quantity of alcoholic drinks to
    blur his reason and deprive him of certain degree of control. (People v. Boduso, 450, Sept. 30,
    1974) Intoxication to be mitigating must be proved to the satisfaction of the Court. (People v,
    Noble, 77 Phil. 93)  It is aggravating only in two cases:

    a.  Where intoxication is habitual.

    b.  When it is intentional, that is, it is subsequent to the plan of the commission of a felony.

    For intoxication to be habitual, it is not necessary that  the offender should be drunk 7 days a
    week.  It is enough that the offender has acquired the habit of getting drunk, or  drinking to
    excess.  If one who had plotted to kill the victim, had drunk wine in order to embolden him in
    carrying out with his evil plan, drunkenness is not mitigating. (People v. Hernandez, 3391, May
    23, 1952)

    3. Degree of instruction or education of offender.

    As  a  rule, lack of instruction or a low degree of intelligence is considered as a mitigating


    circumstance in all crimes  except in offenses against chastity and property.  And also, in the
    crime of murder, for a man as a rational being, has always been forbidden to kill. (People v.
    Tabian, 126 SCRA 571)  It should  be  borne  in  mind  that  this  circumstance  is  not
    dependent  on the matter of schooling; it depends more on  the alertness  of the mind, the ability
    to observe and  grasp  the significance of happenings around him.  If one is unable to write but is
    highly and exceptionally intelligent or mentally alert that he easily realizes the significance of his
    act, there is no mitigating circumstance. (People v. Gorospe, 105 Phil. 184)

    High degree of instruction is aggravating if the offender availed himself or took advantage of it
    in committing a crime as in the case of a lawyer who commits falsification or a doctor who kills
    his victim by means of poison.

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