Privileged Mitigating Circumstances Under The RPC: Incomplete Justifying or Exempting Circumstance

Privileged mitigating circumstances under the RPC

1. When the offender is a minor under 18 years of age (RPC, Art. 68); (BAR 2013, 2014)
2. When the crime committed is not wholly excusable (RPC, Art. 69);
3. When there are two or more mitigating circumstances and no aggravating circumstance,
the court shall impose the penalty next lower to that prescribed by law, in the period that
it may deem applicable, according to the number and nature of such circumstances
(RPC, Art. 64, par. 5); (BAR 1997)
4. Voluntary release of the person illegally detained within 3 days without the offender
attaining his purpose and before the institution of the criminal action (RPC, Art. 268, par.
3);
5. Abandonment without justification of the spouse who committed adultery (RPC, Art. 333,
par. 3); and
6. Concealing dishonor in case of infanticide (RPC, Art. 255, par. 2).

NOTE: If it is the maternal grandparent who committed the offense to conceal dishonor,
the penalty imposed is one degree lower. If it is the pregnant woman who committed the
offense to conceal dishonor, the penalty imposed is two degrees lower. In case of
concealing dishonor by a pregnant woman in abortion, the imposable penalty is merely
lowered by period and not by degree, hence, not a privileged mitigating circumstance.

Privileged mitigating circumstances contemplated under Art. 69
Incomplete justifying (RPC, Art. 11) and incomplete exempting (RPC, Art. 12) circumstances,
provided that the majority of their conditions are present

For this article to apply, it is necessary that:
1. Some of the conditions required to justify the deed or to exempt from criminal liability are
lacking,
2. The majority of such conditions are nonetheless present, and
3. When the circumstance has an indispensable element, that element must be present in the
case (Regalado, 2007).

Article 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.

INCOMPLETE JUSTIFYING OR EXEMPTING CIRCUMSTANCE

Incomplete justifying/exempting circumstance means that not all the requisites to justify the act
are present or not all the requisites to exempt from criminal liability are present.

Effect on criminal liability of the offender of incomplete justifying circumstances or
incomplete exempting circumstances

If less than the majority of the requisites necessary to justify the act or exempt from
criminal liability are present, the offender shall only be entitled to an ordinary mitigating
circumstance.

If a majority of the requisites needed to justify the act or exempt from criminal liability are
present, the offender shall be given the benefit of a privileged mitigating circumstance. The
imposable penalty shall be lowered by one or two degrees. When there are only two
conditions to justify the act or to exempt from criminal liability, the presence of one shall be
regarded as the majority.

Unlawful aggression: condition necessary before incomplete self-defense, defense
of relative, or defense of stranger may be invoked

The offended party must be guilty of unlawful aggression. Without unlawful aggression,
there can be no incomplete self-defense, defense of relative, or defense of stranger.

Effect on the criminal liability of the offender of incomplete self-defense, defense of
relative, or defense of stranger

If only the element of unlawful aggression is present, the other requisites being absent, the
offender shall be given only the benefit of an ordinary mitigating circumstance.

However, if aside from the element of unlawful aggression another requisite, but not all, is
present, the offender shall be given the benefit of a privileged mitigating circumstance. In
such a case, the imposable penalty shall be reduced by one or two degrees depending
upon how the court regards the importance of the requisites present or absent.

If there are at least three mitigating circumstances, the first two the penalty is lowered by
one degree while the last mitigating circumstance is imposed in minimum period after
being lowered by one degree.

Not applicable to exempting circumstance of accident

Under Art. 12, par. 4, there are four requisites for the exempting circumstance of accident.
First, a person must be performing a lawful act. Second, such must be done with due care.
Third, an injury was caused to another by mere accident. Fourth, there is no fault or
intention of causing such injury.

If the act was performed with due care but there was fault in causing an injury, the case
will fall under Article 365, felonies by negligence or imprudence. The effect would be like a
mitigating circumstance since said article states that the penalty will be lower than if the
felony was committed intentionally.

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