JUSTIFYING CIRCUMSTANCES Privilege Mitigating Ordinary Mitigating

1.       Unlawful aggression / / x x

2.       Reasonable necessity of the
means employed to prevent or / x / /
Self Defense repel it

3.      Lack of sufficient provocation

on the part of the person defending x / / /
himself.
1.       Unlawful aggression / / x x
2.       Reasonable necessity of the
means employed to prevent or / x / /
repel it
Defense of relatives
3.       In case the provocation was
given by the person attacked, the
x / / /
one making the defense had no part
therein.

1.       Unlawful aggression / / x x

2.       Reasonable necessity of the

means employed to prevent or / x / /
Defense of a stranger repel it

3.       The person defending be not

be induced by revenge, resentment, x / / /
or other evil motive.

1.       That the evil sought be avoided

actually exist

2.       That the injury feared be

Avoidance of greater greater than that done to avoid it
evil or injury
3.       That there be no other
practical and less harmful means of
preventing it.

1.       That the accused acted in the

performance of a duty or in the
lawful exercise of a right or office

Fulfilment of duty or
It is not mitigating when one of the
lawful exercise of right requisites is absent.
or office 2.       That the injury caused or the
offense committed be the necessary
consequences of the due
performance of duty or the lawful
exercise of such right or office

1.       That an order has been issued

by a superior

Obedience to an order
 2.       That such order must be for
Obedience to an order some lawful purpose
3.       That the means used by the
subordinate to carry out said order
is lawful
EXEMPTING CIRCUMSTANCES
1.       A person is performing a lawful
act
2.       With due care
Accidents 3.       He causes an injury to another
by mere accident
4.       W/o fault or intention of
causing it
1.       That the compulsion is by
means of physical force
Compulsion under 2.       That the physical force must be
Irresistible force irresistible
3.       That the physical force must
come from a third person

1.      That the threat which causes

the fear is of an evil greater than or
at least equal to, that which he is
required to commit
It is not mitigating when one of the
Uncontrollable Fear
requisites is absent.
2.       That it promises an evil of such
gravity and imminence that the
ordinary man would have
succumbed to it.

1.       That an act is required by the

law to be done
2.       That a person fails to perform
Omission such act
3.       That his failure to perform such
act was due to some lawful or
insuperable cause
MITIGATING CIRCUMSTANCES
1.       That the provocation must be
sufficient
2.       That it must originate from the Ordinary Mitigating (absence of one is not
Sufficient Provocation offended party; and
mitigating)
3.       That the provocation must be
immediate to the act
 1.       That there be a grave offense
done to the one committing that
felony, his spouse, ascendants,
descendants, legitimate, natural or
adopted brothers or sisters, or
relatives by affinity within the same
degrees
Ordinary Mitigating (absence of one is not
Vindication
mitigating)

2.       That the felony is committed in

vindication of such grave offense. A
lapse of time is allowed between
the vindication and the doing of the
grave offense.

1.       The accused acted upon an

impulse
Impulse producing Ordinary Mitigating (absence of one is not
Passion or Obfuscation 2.       The impulse must be so mitigating)
powerful that it naturally produced
passion or obfuscation in him.

1.       That there be an act, both

unlawful and sufficient to produce
such a condition of mind

2.       That said act which produced

the obfuscation was not far Ordinary Mitigating (absence of one is not
Passion or Obfuscation removed from the commission of
mitigating)
the crime by a considerable length
of time, during which the
perpetrator might recover his
normal equanimity.

1.       That the offender had not been

actually arrested

2.       That the offender surrendered

Voluntary Surrender himself to a person in authority orOrdinary Mitigating (absence of one is not mitigating)
to the latter’s agent.

3.       That the surrender was

voluntary.

1.       That the offender

spontaneously confessed his guilt

2.       That the confession of guilt was

made in open court, that is, before Ordinary Mitigating (absence of one is not
Plea of Guilt the court that is to try the case mitigating)
 Ordinary Mitigating (absence of one is not
Plea of Guilt
mitigating)

3.       That the confession of guilt was

made prior to the presentation of
evidence for the prosecution.

1.       That the illness of the offender

must diminish the exercise of his
will power.
Illness diminishing Ordinary Mitigating (absence of one is not
willpower mitigating)
2.       That such illness should not
deprived the offender of
consciousness of his acts.

(15>,<18) Minor acting with discernment Privilege Mitigating

more than 70 years old Privilege Mitigating

GENERIC AGGRAVATING CIRCUMSTANCES

Advantage by the offender of his public office
1.       That the public authority is
engaged in the exercise of his
functions

2.       That he who is thus engaged in

the exercise of said functions is not
Insult to public a person against whom the crime is
authority committed.

3.       The offender knows him to be

a public authority

4. His presence has not prevented

the offender from committing the
criminal act.
The provocation must be:
1.       Given by the owner of the
dwelling
Dwelling
2.       Sufficient
3.       Immediate to the commission
of the crime

1.       That the offended party had

trusted the offender

Abuse of confidence/ 2.       That the offender abused the

obvious ungratefulness trust by committing a crime against
the offended party.
3.       That the abuse of confidence
facilitated the commission of the
crime.
 Crime committed in executive palace, in his presence,
where public authorities are discharging duties, or place of
worship

By a Band
1.       That the offender is on trial for
an offense
2.       That he was previously
convicted by final judgment of
another crime
Recidivist
3.       That both the first and the
second offenses are embraced in
the same title if this code
4.       The offender is convicted of
the new offense.
1.       That the accused is on trial for
an offense

2.       That he previously served

sentence for another offense to
which the law attached an equal or
Habitual Delinquent greater penalty, or for two or more
crimes to which it attaches lighter
penalty than that the new offense;
and

3. That he is convicted of the new

offense.
Craft, Fraud, Disguise
Unlawful Entry
Broken wall, roof, floor, door or window
Aid of persons udner 15 years of age