1. Incomplete self defense, defense of Art.

69- if majority of the requisite needed to

relative or stranger. Unlawful justify the act or exempt from the criminal
aggression is indispensable liability are present, the offender shall be
requisite. There are 3 requisites, if given the benefit of privilege mitigating
Unlawful aggression plus any of the circumstances. The imposable penalty shall
requisites effect if privilege. be lowered by one or two degrees whether
divisible or indivisible
If less than the majority, or iisa lang ang
requisite Ordinary mitigating lang; EFFECT: lower
penalty to the minimum period, if the
penalty is divisible kasi and indivisible ay
wala namang period.

2. Minority- 5 year above and under 18 Always Privilege MC (art 69 PAR 2) The
years old who acted with penalty shall be one degree lower
discernment
Pmc_ IF DEATH= RP
SENILITY- Over 70

3. PRAETER INTENTIONEM- NO Absence of the intent to kill reduces the

INTENTION TO COMMIT SO GRAVE felony to a mere physical injuries. It is not
A WRoNG considered a mitigating. It is only mitigation
when the victim dies.

Reason: felonies through negligence acts

without intent

XPN: factor used in order to ascertain

intention

1. Weapon used.

2. Part of the body injured

3. Injury inflicted

4. Manner it is inflicted

4. Sufficient provocation or threat on Sufficiency of threat or provocation

the part of the offended party, depends on:
capable of exciting, inciting or
irritation anyone. 1. The act constitution provocation

Yung ( ikaw yung prinovoke or tinakot ng 2. Social standing on the person

offended partykaya ka gumanti. provoked

Dito parang hinahamaon ka nya or tinatakot

kaya walang self defense hindi sya gumamit 3. Time and place the provocation took
ng unlawful aggression. place.

Kung ang aggression ay paghihiganti dahil It must be immediate act, kasi kung may
nainsulto ka hindi mo pwede iclaim ang self interval from provocation or threat, he
defense dito ka lang papasok sa having had time to regain his reason nd self
mitigationg. control,

Remember: sa Justifying ung offended party Ordinary Mitigating= one period lower
ang may unlawful aggression dito sa
mitigating ikaw ung may unlawful
aggression dahil nga may threat or
provocation ung offended party:

E.g away bata: sabi ni Damulag ang pangit

mo ang baho mot tapos si Nobita sa
sobrang inis biglang sinuntok si Damulag,
mitigating lang un,

while in justifying naman; Si Damulag

binubully si Nobita konokonyatan nya kaya
gumanti na si Nobita, ayun justifying un kasi
may unlawful aggression sa part ni
Damulag.

5. Vindication of a Grave offense Req. 1. Grave offense done to the one

committing the crime or sa asawa nya,
This has reference to the honor or a person. ascendants, descendants, legitimate,
It concern the good names and reputation of natural, adopted sisters, brother or relatives
the individual. by affinity within the same degree (to create
affinity, there must be an existing marriage
between spouse. Affinity means in-laws.
Kaya kung vindication is ginawa mo para sa
in laws mo, mitigating yan)

2. That the felony is committed in

vindication of such grave offence. A LAPSE
OF TIME is allowed between the vindication
and the doing of the grave offense.

Refers to emotional feeling which produces

excitement so powerful as to overcome
6. Passion and obfuscation ( must reason and self-control. The passion and
come from the offended party) obfuscation must eminent from legitimate
sentiments
XPN: it does not apply to lawlessness or
revenge If offender is given the benefit of 4, he
cannot given the benefit of 5 and 6 vice
 Note: No Obfuscation versa. XNP different set of facts.

a. After 24 hrs, or several hrs or half an One mitigating

hour

b. Arising from jealousy whose

relationship is illegitimate except
caught in the act of having sexual
intercourse.

P and O cannot co exist with Pre-meditation-

the execution of the criminal act must be
preceded by calm though and reflection
upon the resolution to carry out the criminal
intent during the space of time sufficient to
arrive at a composed judgment.

7. Voluntary surrender to a person in a. Spontaneous, i.e., indicative of

authority or his agent or that he had acknowledgment of guilt and not for
voluntary confessed his guilt before convenience nor conditional;
the court prior to the presentation of
evid of the prosecution. b. Made before the government incurs
expenses, time and effort in tracking down
See who are persons in authority: the offender's whereabouts; and

c. Made to a person in authority or the

letter's agents.

2 mitigating circumstances

1. Voluntary surrender to a person in

authority or his agent;

2. that he had voluntary confessed his

guilt before the court prior to the
presentation of evid of the
prosecution

Privilege Mitigating Circumstances under RPC

Article 68. Penalty to be imposed upon a person under eighteen years of age. - When the offender
is a minor under eighteen years and his case is one coming under the provisions of the paragraphs
next to the last of Article 80 of this Code, the following rules shall be observed:

1. Upon a person under fifteen but over nine years of age, who is not exempted from liability
by reason of the court having declared that he acted with discernment, a discretionary
penalty shall be imposed, but always lower by two degrees at least than that prescribed by
law for the crime which he committed.

2. Upon a person over fifteen and under eighteen years of age the penalty next lower than
that prescribed by law shall be imposed, but always in the proper period.

Article 68. Penalty to be imposed upon a person under eighteen years of age. - When the offender
is a minor under eighteen years and his case is one coming under the provisions of the paragraphs
next to the last of Article 80 of this Code, the following rules shall be observed:

1. Upon a person under fifteen but over nine years of age, who is not exempted from liability
by reason of the court having declared that he acted with discernment, a discretionary
penalty shall be imposed, but always lower by two degrees at least than that prescribed by
law for the crime which he committed.

Article 69. Penalty to be imposed when the crime committed is not wholly excusable. - A penalty
lower by one or two degrees than that prescribed by law shall be imposed if the deed is not wholly
excusable by reason of the lack of some of the conditions required to justify the same or to exempt
from criminal liability in the several cases mentioned in Article 11 and 12, provided that the majority
of such conditions be present. The courts shall impose the penalty in the period which may be
deemed proper, in view of the number and nature of the conditions of exemption present or lacking.

Article 64. Rules for the application of penalties which contain three periods. - In cases in which the
penalties prescribed by law contain three periods, whether it be a single divisible penalty or
composed of three different penalties, each one of which forms a period in accordance with the
provisions of Articles 76 and 77, the court shall observe for the application of the penalty the
following rules, according to whether there are or are not mitigating or aggravating circumstances:

5. When there are two or more mitigating circumstances and no aggravating circumstances are
present, 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.

Article 333. Article 333. Who are guilty of adultery.

If the person guilty of adultery committed this offense while being abandoned without justification by
the offended spouse, the penalty next lower in degree than that provided in the next preceding
paragraph shall be imposed.

Article 255. Infanticide.

If the crime penalized in this article be committed by the mother of the child for the purpose of
concealing her dishonor, she shall suffer the penalty of prision correccional in its medium and
maximum periods, and if said crime be committed for the same purpose by the maternal
grandparents or either of them, the penalty shall be prision mayor.

Period vs degree

DEGREE PERIOD
E.g PRISION mayor Maximum = 4years

6-12 years Medium= 4years

12 DIVIDED BY 3 = 4 YEARS OF EACH PERIOD Minimum= 4years

DEPENDE KUNG ANO NAKALAGAY SA BATAS NA
PERIOD DUN KA MAG START NG BILANG PABABA
IF IAAPPLY AND MITIGATING