MITIGATING CIRCUMSTANCES
Summary
TLDRThis video script delves into Article 13 of the Revised Penal Code, focusing on mitigating circumstances that can reduce criminal liability. It explains various scenarios such as incomplete self-defense, state of necessity, and performance of duty, illustrating how these circumstances can lead to privileged or ordinary mitigating circumstances. The discussion also covers minority, accidental injury, uncontrollable fear, and lack of intent to kill, among others. Each circumstance is analyzed for its legal implications and requirements, providing a comprehensive understanding of how the law views different defenses in criminal cases.
Takeaways
- 📚 Article 13 of the Revised Penal Code discusses mitigating circumstances that can reduce the penalty for a crime.
- 🔍 Incomplete self-defense, defense of a relative, or defense of a stranger are considered justifying circumstances, which can be incomplete or privileged.
- 🏋️♂️ For self-defense to be a mitigating circumstance, unlawful aggression must be present; otherwise, it's an ordinary mitigating circumstance.
- 🚗 State of necessity, or avoidance of greater evil or injury, can be a mitigating circumstance if not all requisites are present.
- 👮♂️ Performance of duty can be a mitigating circumstance, but it must be a necessary consequence of the duty performed.
- 👶 Minority is a mitigating circumstance, with different levels of liability depending on the age and discernment of the offender.
- 🚗 Causing injury by mere accident, where negligence is involved, is considered a mitigating circumstance due to the reduced penalty.
- 😱 Uncontrollable fear, when present, can be a mitigating circumstance, but the fear must be entirely uncontrollable.
- 🔪 Lack of intent to kill (prater intention) can be a mitigating circumstance in crimes against persons if the victim dies.
- 🤬 Sufficient provocation or threat from the offended party can lead to a mitigating circumstance, especially if it incites a reaction.
Q & A
What are mitigating circumstances under Article 13 of the Revised Penal Code?
-Mitigating circumstances are factors that reduce the penalty for a crime. They include incomplete self-defense, defense of a relative or stranger, state of necessity, performance of duty, minority, causing injury by mere accident, uncontrollable fear, lack of intent to commit a more serious crime, sufficient provocation, immediate vindication of a grave offense, and passion or obvious obfuscation.
What is the significance of 'unlawful aggression' in the context of self-defense as a mitigating circumstance?
-Unlawful aggression is a necessary element for self-defense to be considered a mitigating circumstance. If it is present without the other elements, it is considered an ordinary mitigating circumstance. However, if all elements of self-defense are present, it becomes a privileged mitigating circumstance.
How does the state of necessity differ from an ordinary mitigating circumstance?
-The state of necessity is considered a mitigating circumstance when an act is done to avoid a greater evil or injury. If not all requisites are present, it is treated as an ordinary mitigating circumstance.
What is the role of the performance of duty in mitigating circumstances?
-Performance of duty is a mitigating circumstance when an individual acts in the course of performing their official duties, but the crime committed is not a necessary consequence of that duty.
What are the conditions for minority to be considered a mitigating circumstance?
-Minority is a mitigating circumstance when the offender is below 18 years old. If the offender is 15 years old or below, they are totally exempted from criminal liability. If they are 16 or 17 and acted with discernment, they are liable for the crime but still considered a minor, which is a mitigating circumstance.
How does causing injury by mere accident qualify as a mitigating circumstance?
-Causing injury by mere accident is a mitigating circumstance when the act is accidental but the offender was negligent, such as not maintaining a vehicle properly, leading to an accident. The penalty is lower than for intentional harm.
What constitutes uncontrollable fear as a mitigating circumstance?
-Uncontrollable fear is a mitigating circumstance when the offender acts under the influence of fear that is so powerful it overcomes reason and self-control, and this fear is not entirely controllable.
How does the absence of intent to commit a more serious crime serve as a mitigating circumstance?
-The absence of intent to commit a more serious crime, such as not intending to kill when the victim dies, is considered a mitigating circumstance. It reduces the severity of the felony to mere physical injuries.
What is the role of sufficient provocation in self-defense as a mitigating circumstance?
-Sufficient provocation is a mitigating circumstance when there is unjust or improper conduct by the offended party that incites or irritates the offender, leading to an act of self-defense.
What are the requirements for voluntary surrender to be considered a mitigating circumstance?
-Voluntary surrender is a mitigating circumstance when the offender surrenders to a person in authority or their agents without conditions, indicating a desire to accept responsibility for their actions.
Outlines
📚 Article 13: Mitigating Circumstances
The paragraph discusses Article 13 of the Revised Penal Code, focusing on mitigating circumstances. It explains how incomplete self-defense, defense of a relative or stranger, and unlawful aggression can be considered as mitigating factors. The paragraph also highlights that the presence of unlawful aggression alone constitutes an ordinary mitigating circumstance, while the presence of two elements makes it a privileged mitigating circumstance. Examples and conditions for each type of defense are provided, emphasizing the necessity of unlawful aggression for self-defense to be a mitigating circumstance.
🚔 State of Necessity and Performance of Duty
This section delves into the state of necessity or the avoidance of greater evil as a mitigating circumstance, using a hypothetical car accident scenario to illustrate the concept. It also discusses the performance of duty as a mitigating factor, with a specific reference to a case involving a police officer named Nuesca. The paragraph clarifies that not all elements need to be present for a mitigating circumstance to apply, and it provides an example of how a police officer's actions might be considered in the performance of duty, even if the outcome was not a necessary consequence.
👶 Minority and Accidental Injury
The paragraph addresses the mitigating circumstance of minority, explaining that individuals under 15 years old are exempt from criminal liability, while those aged 16 or 17 are liable if they acted with discernment. It also covers causing injury by mere accident, where negligence plays a role but the accident itself is considered a mitigating factor due to the reduced penalty. The paragraph provides examples to clarify these points, emphasizing the legal distinctions based on age and the nature of the act.
🔥 Uncontrollable Fear and Lack of Intent to Kill
This section examines uncontrollable fear as a mitigating circumstance, providing an example of a person acting under fear but not entirely uncontrollably. It also discusses the concept of 'prater intention,' which refers to the absence of intent to kill in crimes against persons. The paragraph explains that this lack of intent is a mitigating factor only if the victim dies; otherwise, the crime is reduced to physical injuries. The paragraph further clarifies that this concept does not apply to felonies by negligence, where the offender acts without intent.
🤬 Sufficient Provocation and Immediate Vindication
The paragraph discusses sufficient provocation or threat by the offended party as a mitigating circumstance, explaining that any unjust or improper conduct capable of inciting or irritating anyone can be considered. It also covers immediate vindication of a grave offense, where the crime is committed in response to a grave offense. Examples are provided to illustrate these concepts, such as a husband reacting to his wife's adultery or a brother avenging his sibling's murder. The paragraph emphasizes the immediacy and gravity of the offense as key factors in these mitigating circumstances.
🏋️♂️ Physical Defects and Illness
This section addresses physical defects and illness as mitigating circumstances. It explains that if an offender has a physical defect that restricts their means of action or communication, it can be considered mitigating. The paragraph provides examples of deafness, dumbness, and blindness, and clarifies that the defect must relate to the mode of committing the crime. It also discusses illness that diminishes the exercise of the offender's willpower without depriving them of consciousness, giving an example of feeble-mindedness leading to a crime. The paragraph concludes by mentioning other circumstances that may be considered mitigating, such as voluntary restitution of property and extreme poverty.
Mindmap
Keywords
💡Mitigating Circumstances
💡Self-Defense
💡State of Necessity
💡Performance of Duty
💡Minority
💡Accident
💡Uncontrollable Fear
💡Passion or Obfuscation
💡Voluntary Surrender
💡Physical Defect
💡Illness
Highlights
Article 13 of the Revised Penal Code discusses mitigating circumstances.
Mitigating circumstances can reduce criminal liability.
Incomplete self-defense or defense of a relative are examples of mitigating circumstances.
Unlawful aggression must be present for self-defense to be a mitigating circumstance.
Privileged mitigating circumstances occur when two elements are present, not all.
Ordinary mitigating circumstances apply when only unlawful aggression is present.
State of necessity or avoidance of greater evil is a mitigating circumstance.
Performance of duty can be a mitigating circumstance if done without unnecessary harm.
Minority is a mitigating circumstance, especially for those under 15 years old.
Causing injury by mere accident can be a mitigating circumstance due to negligence.
Uncontrollable fear can be a mitigating circumstance if it leads to a crime.
Lack of intent to kill in crimes against persons can be mitigating if the victim dies.
Sufficient provocation by the offended party can lead to mitigating circumstances.
Immediate vindication of a grave offense can be considered a mitigating circumstance.
Passion or obvious excitement can be a mitigating circumstance if it overcomes reason.
Voluntary surrender or confession can be mitigating circumstances.
Physical defects that restrict an offender's means of action can be mitigating.
Illness that diminishes an offender's willpower without depriving consciousness can be mitigating.
Other circumstances can be considered mitigating if they are similar to listed circumstances.
Aggravating circumstances will be discussed in the next topic.
Transcripts
[Music]
hi
this is
our topic for today's discussion is
article 13 the mitigating circumstances
under the revised penal code so
here we go for my students
just sit back relax and enjoy while we
discuss
the truth is of the mitigating
circumstances
under the revised finance so let's start
guys
okay now the first mitigating
circumstance
is are those mentioned in the preceding
chapter
when all the requisites necessary to
justify the act
or to accept from criminal liability in
their respective cases
are not attended
justifying circumstance better known as
incomplete self defense or
self-defense or defense of a relative
or defense of a stranger okay
now
take note that in self-defense
unlawful aggression must be present
for article 13 for it to be
applicable mitigating circumstances
as a mitigating circumstance the other
two elements
is not necessary if two exits only are
present
it is considered as a privileged
mitigating circumstance
but if only unlawful aggression
is present then what
only unlawful aggression is present
that's in ordinary mitigating
circumstance
only okay now
first to have an incomplete self-defense
the offended party must be guilty of
unlawful attention without this there
can be no
incomplete self-defense defense of
relative or
defense of stranger second
if only the element of unlawful
aggression
is present the other requisites being
present
being absent and sorry the offender
shall be given only the benefit of an
ordinary mitigating circumstance
third if aside from the element of
unlawful aggression
another requisite but not all are
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 or depending upon
how the court regards the importance of
the requisites present or something
okay now the second
is the state of necessity
or avoidance of greater evil or injury
if any of the last two requisites is
absent there's only a
ordinary mitigating circumstance for
example
so while driving a car
one sees pedro carelessly crossing the
street
okay now one swerves to avoid him
thus hitting a motorbike with two
passengers
killing them instantly this is common in
um accident cases
take note that in this case not all
requisites to justify
the ah was present because part the harm
done to avoid
injury is greater is considered as
mitigating
so that's it now
the performance of duty under paragraph
5
is the next um
mitigating circumstance example one is
supposed to arrest pedro
this is previously discussed in the
first cases i think it's u.s versus
action
it does goes to pedro's hideout
and when one sees a man asleep
thinking it was pedro one shot him
juan maybe have acted in the performance
of his duty as a police officer
but the crime was not necessarily
considered as
was not a necessary consequence at all
considered as
mitigating now there is a particular
example
present in this case uh which
is part of the defense of the
accused do you remember that i don't
care
case the involving police officer nesca
okay his defense
i believe will be the performance of
duty
however since technically
the one that the the person should die
the guy there is considered as having
committed a crime when he
um when he shot a billboard
it's i guess it's a build it's a
homemade
fireplace so
it takes alarms and scandals so
however in that in this in that case
there can be clearly because of the
video there can be clearly no mitigating
circumstance in that case
because during the incident
nuesca did not act in the performance of
duty
he just simply lost his
pull okay next we proceed
now the accepting circumstance
of minority when
take note that if you are a minor
if you are 15 you're 15 years old and
below
you are totally accepted however
if 16 or 17
and you acted with discernment you are
liable for the crime
charge however again
being 16 or 17 and or less than 18
you are considered as a minor still
and minority mind you is a mitigating
circumstance
so next
causing injury by mere accident so
if in committing an
accident when you are involved in an
accident
like in a car a car accident
and you're clearly it's clearly
an accident but you are negligent you
did not
um do the proper car mechanic
car maintenance and you have a faulty
brake ever since and you know
that you have a faulty brake
when you are negligent although it's an
accident
it is considered as a mitigating because
the penalty is lower than that provided
for the
intentional enemy okay
next is uncontrollable
fear when
only one requisite is present it's
considered as mitigating for example
under threat that reform will be burned
veteran who want to turns guarding it at
night
however when pedro fired in the air when
a person's shadows refused to reveal his
identity
juan was awakened and shot done
immediately
that identified person turned out that
the
person was their neighbor who is looking
for a pet
so even though juan may have acted under
the influence of fear
but such fear is not entirely
uncontrollable
uncontrollable so it is considered as
mitigated okay
next so next is the
the offender had no intention to commit
supreme sugray baron
as that committed it is prater intension
now this is applicable only in crimes
against
persons if the victim does not die
the absence of the intent to kill
reduces the felony to mere
physical injuries it is not considered
as mitigating
and mitigating only when the victim dies
take note prater intension
there is no intent to kill here but
when the victim dies
the lack of intent to kill is considered
as
mitigating but if the
in the accused the
victim did not die in the absence of
intent to kill
it can only be serious physical less
serious physical or slight physical
injury
okay next
another example given as part of one
making
one merely intend to burn petros clothes
pedro in in that case pedo received
minor burns
who one is charged with physical
injuries
had pedro died one would be entitled to
the mitigating circumstances of
intention
however this is not applicable in crimes
in felonies by negligence why
in felonies true negligence the offender
acts without intent the intent
is in intentional felony is replaced by
negligence impudence lack of foresight
or lack of scale
in gulpable felonies there is no intent
on the part of the offender
which may be considered as diminished
so take note of that
[Music]
okay
the next mitigating circumstance is
that the sufficient provocation or
threat on the part of the offended party
immediately preceded
so take note when there is sufficient
provocation
this is also part of somehow in self
defense
it's a provocation any unjust technology
what does projection mean any unjust or
improper conduct
or out of the offended party capable of
exciting inciting or
irritating anyone okay
self-defense you are provoked
you are provoked to do
let's say example
sufficient by propagation
sufficient provocation
take note that the provocation must be
sufficient okay
next immediate vindication
of a grave offense
the requisites here is that
there must be a great offense that to
the one committing the felony
and two the tacoma that the felony is
committed in the indication of such a
game offense
for example juan caught his wife
and his friend in a compromising
situation
the next day one killed his friend he
still considered as
immediate vindication
what is that great offense adultery that
is a great offense
on the owner of one being the husband of
the y which he did
or when for example
is
brother being killed by pedro
pedro was able to ride
one did not uh do some did not
um what's this who one did not do
didn't go to the barangay or report the
police station
the next day he saw pedro and
immediately
he killed pedro that is an immediate
vindication of
a great friends okay
so that's clear
next passion or obvious queso
that of having acted upon an impulse so
powerful a stretch naturally to help
produce
passion or obviously sure i know what i
consistently guys
passion or obvious end objection
refer to emotional feeling which
produces
excitement so powerful as to overcome
reason and self-control it must come
from prior unjust or
improper acts the passion and
obfuscation must
emanate from legitimate sentiments
example nito is
passionate obscene
public
it produces an excitement so powerful as
to overcome reason
and self control it's an emotional
feeling
so the requisite is
the offender acted on impulse
powerful enough to produce passion or
obligation
and that the act was committed not in
the spirit of lawlessness
or revenge and that the ah must come
from
[Music]
one is entitled to mitigating
circumstances of
passion as an obvious question as his
acquisition arrows
from a natural instinct that impels a
father
to rush to the rescue officer
or this in my first example
one killed is
the allende and his wife to protect his
honor okay another another source of
passion
or question is in the exercise of a
right or a fulfillment of duty
i'm sorry sorry it's not a proper source
of passion and obligation
okay next
voluntary or the
offender had voluntarily surrendered
himself to a person in authority
or his agents or that he had voluntary
con
voluntarily confessed his guilt before
the court prior to
the presentation of the evidence for
that prosecution
okay
is part of the mitigating circumstances
there are two
mitigating circumstances here first
is voluntary surrender
then second is voluntary
confession of gail okay
now in this
mitigating circumstance the offender
voluntary surrenders 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 okay now
we discuss the specifics okay
now
first involuntary surrender
andito what
the offender is not actually arrested
offender surrendered to a person in
authority or the latter's agent
and c surrender was
in authority as explained before in our
previous episodes
is that you might
control governance
or someone who exercises authority over
a certain community like the mayor
the
chief of police or the simplest the
barangay chairman
or the latter's agent
it shows his interest to surrender
unconditionally to the authorities
he disappeared in one condition but my
condition in the involuntary
threat there okay so
guys
that used also must indicate a desire
to own the responsibility
to the insurance rate some personal
authority or his agent
now mind you guys if the warrant
is already served surrender making be
considered mitigating if warrant
not served if it's a bean
if the water is served
indianapolis
is not served surrender may be
considered mitigating only if
warrant is not served or returned
answered because accused can be located
yo
also take note that a person in
authority is one
directly vested with jurisdiction
whether as an individual
or as a member of some court government
corporation
board or commission it includes
barrio captain or chairman okay
or plea of guilty song requests
is clear a the offender spontaneously
confessed his skill b
the confession of guilt was made in open
court
and seeing confession of guilt was made
prior to the presentation of evidence
for the prosecution now in this
confession of guilt
for things during arraignment
take note also that the confession must
be attended attended with
a competent counsel of his own choice
otherwise for the
okay now
next the physical defect
this is a mitigating circumstance nah
in this mitigating circumstance physical
defect
sapi saree by spinner code but the
offender is deaf and dumb
blind or otherwise suffering from
physical defect which thus restricts his
means of action
defends our communication with his
fellow beings
the law says that the offender is deaf
and dumb
meaning not only death but also dumb
or that he is blind meaning in both eyes
but even if he is only deaf and not dumb
or dumb only
but not death or blind only in one eye
he is still entitled to a mitigating
circumstance
under this article as long as his
physical defects
restricts his means of action
defense communication with his fellow
the men however must relate to the mode
of committing a crime
evict this physical defect
death dumb
blind
or restricts his means of action
physical defect
physical defect
blind or otherwise suffering from
physical debate
death and dumb and blind and i don't
otherwise suffering
from some physical defects
foreign
it does not restrict him from committing
the offence
so therefore that is not a mitigating
circumstance
okay next
illness such illness of the offender
as would diminish the exercise of the
willpower of the offender
without deprived depriving him of
consciousness of his
acts
you
diminish the exercise of the willpower
of the offender
what are the requisites this at all
first the illness of the offender must
diminish the exercise of his willpower
and the illness should not deprive the
offender of the consciousness of his
apps
i see guys if the illness deprives the
offender of the consciousness of his
acts that is insanity
okay now un diminished only
diminish only that is a what
that is a mitigating circumstance no
feeble
example is feeble feeble-mindedness of
the accused
who in a bit of jealousy stabbed his
wife
then carried her up to the house later
on the floor and laid out beside her
one is the finding in his favor of the
mitigating circumstances
okay any other circumstance or
facilitator
okay another circumstances
circumstances are mitigating
circumstance some paul
defender 26 years old with feeling
eyesight is similar to a case of juan
over
70 years old outraged feeling of owner
of animal taken for ransom is anonymous
to
vindication of a great offense and
impulse of a jealous feeling
is similar to passion and obviously
next is voluntary restitution of
property similar to
voluntary surrender and
second i next is the extreme poverty
similar to
incomplete justification based on state
of necessity
and speed decor is similar to passion or
obfuscation
so guys this is the this
this discussion i hope you learned
mitigating circumstances watch out for
our
next topic aggravating circumstance
thank you and god bless
Посмотреть больше похожих видео
MODULE 9, 2 EXEMPTING CIRCUMSTANCES PART 1
How Laws are Applied Differently | WJEC Criminology | Unit 2 | AC 1.2 Revision
Audio Codal: Criminal Law Philippines (Article 1-15) #criminallaw #audio #lawschoolphilippines
PROSPECTIVITY PRINCIPLE | CHARACTERISTIC OF CRIMINAL LAW | 7-minute Explanation!!! Lecture Series
[Article 134] Rebellion or insurrection; Criminal Law Discussion
ATF At Your Door? NEVER Do This Or You'll Regret It...
5.0 / 5 (0 votes)