MITIGATING CIRCUMSTANCES

Summary

This 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

00:00

📚 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.

05:02

🚔 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.

10:04

👶 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.

15:07

🔥 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.

20:44

🤬 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.

25:56

🏋️‍♂️ 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.

Keywords

💡Mitigating Circumstances

Mitigating circumstances refer to factors that may reduce the severity of a crime or punishment under the law. In the context of the video, these are conditions that could lessen the culpability of an offender, such as self-defense or state of necessity. The video discusses various mitigating circumstances outlined in Article 13 of the Revised Penal Code, illustrating how these can apply in different legal scenarios.

💡Self-Defense

Self-defense is a legal justification for the use of force against another person who poses an imminent threat. The video emphasizes that for self-defense to be considered a mitigating circumstance, unlawful aggression must be present. It is used as an example to explain how the presence or absence of certain elements can lead to different types of mitigating circumstances, such as incomplete self-defense or privileged mitigating circumstance.

💡State of Necessity

State of necessity is a legal defense where an action is taken to avoid a greater harm. The video provides an example of swerving to avoid hitting a person, thereby causing harm to others, to illustrate this concept. It is considered a mitigating circumstance when not all requisites for justification are present.

💡Performance of Duty

Performance of duty refers to actions taken by individuals, such as law enforcement, in the course of their official responsibilities. The video discusses how acting under the performance of duty can be a mitigating circumstance, but it must be a necessary consequence of the duty performed, using a case involving a police officer as an example.

💡Minority

Minority, in legal terms, refers to being underage. The video explains that minors below 15 years old are exempt from criminal liability, while those who are 16 or 17 years old and act with discernment are liable but still considered minors, which is a mitigating circumstance.

💡Accident

An accident, in the context of the video, refers to an unintentional act that causes harm. It is mentioned as a mitigating circumstance when the accident is due to negligence, such as having a faulty brake, even though the accident itself is not intentional.

💡Uncontrollable Fear

Uncontrollable fear is a state of extreme apprehension that can overwhelm a person's reason and self-control. The video uses an example of a person shooting in response to a perceived threat in the dark, illustrating how acting under uncontrollable fear can be a mitigating circumstance.

💡Passion or Obfuscation

Passion or obfuscation refers to a powerful emotional state that can cloud judgment and lead to actions that one might not otherwise take. The video explains that this emotional state must stem from legitimate sentiments and not be a result of lawlessness or revenge to be considered a mitigating circumstance.

💡Voluntary Surrender

Voluntary surrender is when an offender willingly submits to the authorities without being forced. The video discusses how this act can be a mitigating circumstance, showing the offender's willingness to accept responsibility for their actions.

💡Physical Defect

A physical defect, in the context of the video, refers to conditions such as deafness, dumbness, or blindness that can limit an individual's actions or communication. The video explains that if these defects restrict the offender's means of action, they can be considered a mitigating circumstance.

💡Illness

Illness, as discussed in the video, refers to a condition that affects the offender's willpower without depriving them of consciousness. The video provides an example of feeble-mindedness leading to a crime, which can be considered a mitigating circumstance if the illness diminishes the offender's willpower.

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