FUNDAMENTAL PRINCIPLES

Classification of crimes
Ex Post facto law a penal law given retroactive application to the
prejudice of the accused. Basis Classification
Shall have retroactive effect insofar as they favor the person As to 1. Dolo (malice)
who is not a habitual deliquent commission 2. Culpa (fault)
As to stage 1. Attempted
Bill of attainder a legislative act which inflicts punishment without of execution 2. Frustrated
judicial trial 3. Consummated
In relation to 1. Formal those which are always
General Characteristics of Penal Laws execution consummated because the offender cannot
1. Generality perform the acts necessary for their
2. Territoriality execution without consummating the
3. Prospectivity offense (ex: physical injuries, slander)
2. Material can be committed in any of the
Philisophies underlying the criminal law system: three stages
3. Cannot be committed in the frustrated stage
Classical / Juristic Positivist / Realistic (ex: rape, theft)
Basis is human free will, so Man is inherently good but the As to gravity 1. Grave
when a man does or omits to do offender is socially sick. He is a 2. Less grave
an act, he does so willingly and product not only of biological 3. Light
voluntarily will full knowledge of factors, but also of his As to count 1. Compound
effects and consequences environment. 2. Complex
Retribution Reformation 3. Composite or special complex crimes
Penalty is pre-determined Penalty is is arrived at after 4. Continued
individual examination of 5. Continuing
offender As to nature 1. Mala in se
Emphasis on offense Emphasis on offender 2. Mala prohibita

Eccletic / mixed philiosophy combines feautures of both the Mala in se v. Mala prohibita
classical and postitivist theories. The classical theory shall be applied
to grievous or heinous crimes, whereas positivist is made to economic Mala in se Mala prohibita
/ social crimes. Basis of criminial liability is Basis is offenders voluntariness
offenders moral trait good faith or lack of criminal
Equipoise Rule: if the inculpatory facts and circumstances are intent not accepted as a defense
capable of two or more explanations, one of which is consistent with Modifying circumstances taken Modifying circumstances not
the innocence of the accused and the other consistent with his guilt, into account considered
then conviction must be denied. Degree of participation Degree of participation does not
determines penalty impossible affect liability

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 Stage of accomplishment affects
penalty imposed
Generally, involve moral
turpitude
RPC
Mala in se felony cannot absorb a malum prohibitum offense
Effect of repeal of a penal law
Absolute Repeal
Act or omission is decriminalized
and the case shall be dismissed
whether the accused is a
habitual delinquent or not
Stage of accomplishment
considered is only
consummated no attempted or
frustrated stage
Generally, do not involve moral
turpitude
SPLs
Partial Repeal
Repealed law will govern if the
accused is a habitual delinquent
or if the favorable second law
prohibits retroactivity.
Second law will govern if
favorable to the offender who is
not a habitual delinquent.
TITLE I: FELONIES AND CIRCUMSTANCES WHICH AFFECT CRIMINAL
LIABILITY
Felonies acts and omissions punishable by law.
Elements
Dolo Culpa
1. Freedom of action 1. Freedom of action
2. Intelligence 2. Intelligence
3. Intent 3. Negligence / imprudence
/ lack of foresight / lack
of skill
Factors that affect intent:
1. Mistake of fact
2. Abberatio ictus mistake in the victim of the blow
3. Error in personae mistake in the identity
4. Praeter intentionem so grave a wrong caused than that
intended
5. Proximate cause

PRELIMINARY TITLE Mistake of fact

Date of effectivity: January 1, 1932
Extra-territorial application:
1. Commit an offense while on a Philippine ship / airship
2. Forge or counterfeit any coin or currency notes of the Ph and
securities issued by the government
3. Acts connected with the introduction to the Philippines of such
obligations and securities
4. While being public officers or employees, should commit an
offense in the exercise of their functions
5. Crimes against national security and the law of nations
(treason, espionage, provoking war and disloyalty in case of
war, piracy and mutiny)
6. Provided for in treaties and laws of preferential application (not
in the RPC)
Think of Ah-Chong
Had the facts been true to the belief of the offender, can justify
his act
Will NEGATE criminal liablity -> no intent
But if the offender is negligent in ascertaining the true state of
facts, he may be free from dolo but not from culpa
Abberatio ictus
Offender intends the injury on one person but the harm fell on
another.
Three persons present: offender, intended victim, actual victim
Error in personae
Only two persons present: actual but unintended victim,
offender
Carries the same gravity as when the accused zeroes in on his
intended victim; cannot be considered as a mitigating
circumstance.

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 o But if the crimes are different, art.49 shall govern Error in personae Intended result falls Extenuating if the
error in personae may become extenuiating / on another due to resulting crime is
mitigating. error in identiy greater than
intended (art.49); no
Mistake of fact v. Mistake in identity effect if the resulting
Mistake of fact Mistake in identity crime is the same as
Refers to situation itself Mistake in the identity of the that intended
person involved Praeter Intentitionem Actual crime greater Mitigating
May negate criminal liability no Liability not negated than intended
intent present Proximate cause Results in crime Results in criminal
though not intended liability
Mistake in blow v. Mistake in identity
Mistake in blow Mistake in identity Impossible crime
Three persons involved Two persons are present One where the acts performed would have been a crime
Generally aggravates liability for May or may not be mitigating against persons or property but which is not accomplished
a complex crime or two separate because of its inherent impossibility or because of the
felonies may be committed. employment of inadequate or ineffectual means.
Legal impossibility intended acts even if
Praeter intentionem completed would not amount to a crime
Injury on the intended victim but the resulting consequence is Factual impossibility extraneous
so grave a wrong that what was intended circumstances unknown to the actor or beyond
Mitigating circumstance his control to prevent the consummation of the
If the means used to commit the desired crime would also crime.
logically and naturally bring about the actual felony committed, Intended crime must be an offense against persons or
praeter intentionem will not be appreciated. property.

Proximate cause Stages

That cause which in its natural and continuous sequence, Stage
unbroken by an efficient intervening cause, produces the injury Consummated When all the acts necessary for its
without which the result would not have occurred. accomplishment and execution are present
Frustrated When the offender performs all the acts which
Factor Effect on intent Effect on criminal would produce the felony as a consequence, but
liability the felony was not produced by reasons
Mistake of fact Negates intent Negates independent of the will of the perpetrator
Abberatio Ictus Intended result falls Increases Attempted When the offender commences the commission of
on another or in an offense directly by overt acts, and does not
addition to the injury perform all the acts of execution which would
on intended victim produce the felony by reason of some cause or
accident other than his own spontaneous
distances
Note: desistance has legal effect only in the attempted stage
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 (rebellion, insurrection, to when he is the mastermind
Crimes that cannot be committed in the frustrated stage: commit treason) (liable w/n he appears)
1. Rape
2. Arson -> evident premeditation can be
3. Corruption of public officers appreciated
4. Adultery Implied from concerted acts
5. Theft and robbery conspirator participated in the
commission of the crime. Mere
Attempted Frustrated Consummated presence or approval of the
Not all acts of All acts of execution All acts of crime without more will not make
execution had been performed execution the conspirator liable.
done performed
Felony not produced Reason for frustration Purpose -> evident premeditation not
by reason of cause or is some cause accomplished appreciated
accident other than independent of the will
own spontaneous of the perpetrator Liability for second unplanned crimes:
desistance GR: liability of conspirators only for the crime agreed upon.
Offender still in Already in objective Frustrated Only the actual perpetrators are to be held liable for acts
subjective phase phase because all acts subsumed in beyond the agreement of the conspirators.
of execution are consummated Exceptions:
already there o Other crime was committed in their presence and they
Intent is inherent for the offender did not prevent its commission
o Other crime is the natural consequence of the crime
Conspiracy planned.
When two or more persons come to an agreement concerning o Resulting crime was a composite crime because a
the commission of a felony and decide to commit it. composite crime or special complex crime is indivisible.
Except when he is the mastermind in a conspiracy, it is
necessary that a conspirator should have performed some Other notes:
overt act as a director or indirect contribution in the execution As long as the parts played by each of the principals in the
of the crime planned to be committed conspiracy contribute to the realization of the common design,
Evidence of actual cooperation and not mere cognizance or they are all liable equally.
approval of an illegal act is required to establish conspiracy Quantity or quality of the participation of a co-conspirator is
Pre-supposes the existence of malice immaterial in the determination of the penalty (act of one is act
of all).
Conspiracy as a crime Conspiracy as a means of A co-conspirator can be acquitted while other convicted.
committing a crime There must be a conscious design to commit an offense;
Mere act of conspiring is defined By pre-agreement conspirator conspiracy not the product of negligence but of intentionality.
and punished as a crime is liable as long as he appeared
in the scene of the crime except Structures of multiple conspiracies:
Wheel / Circle Chain

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 There is a single person or There is successive 2. Spontaneous desistance in the attempted stage (unless act
group dealing individually with communication and cooperation constitutes another crime)
two or more other persons or in much the same way as 3. Attempted / frustrated light felonies (except those committed
groups legitimate business operations against persons / property)
4. Accessories in light felonies
Arias doctrine all heads of offices have to rely to a reasonable 5. Certain relatives who act as accessories (art.20)
extent on their subordinates and on the good faith of those who 6. Death and physical injuries under exception circumstances
prepare the papers. There has to be some added reason why he (art.247)
should examine each voucher in detail. 7. Certain relatives in theft / estafa / malicious mischief (art.332)
Classification of felonies based severity 8. BWS
9. Mistake of fact
Grave Less grave Light
Capital punishment / Punished with Punished with Entrapment Instigation
afflictive penalties in penalties which in arresto menor or a Mens rea originated from the Evil idea originated from peace
any of its period their maximum fine not exceeding accused officer who induced the accused
period are P200 Not absolutory absolutory
correctional Crime already committed Crime would not have been
committed have not been for the
Afflictive penalties: Correctional instigation
Prision mayor, penalties: destierro,
disqualification, suspension, arresto JUSTIFYING CIRCUMSTANCES (ART. 11)
reclusion temporal, mayor, prision 1. Defense of self, relatives, and strangers
reclusion perpetua correccional 2. State of necessity
3. Fulfillment of duty
Light felonies 4. Obedience to superior order
Punishable only when consummated
o Exception: In all stages when committed against 1. Anyone who acts in defense of his person or rights, provided
persons or property that the following concur:
Only the principals and accomplices are liable. a. Unlawful aggression
Cannot be complex b. Reasonable necessity of the means employed
c. Lack of sufficient provocation on the part of the person
MODIFYING CIRCUMSTANCES defending himself
The list of aggravating circumstances in Art. 14 is exclusive for 2. Anyone who acts in defense of the person or rights of his
the purpose of raising a crime to a qualified form. spouse, ascendants, descendants, or legitimate, natural, or
For purposes of death penalty, the aggravating circumstance adopted brothers or sisters, or of his relatives by affinity in the
must come exclusively from Art.14. Art. 15 cannot supply the same degrees, and those by consanguinity within the fourth
generic aggravating circumstances which would accompany civil degree
the qualifying circumstance to raise the penalty to death. a. Provided that the first and second requisites are
present; and
Justifying circumstances other than Art.11
1. Instigation
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 b. In case the provocation was given by the person Where the unlawful aggression which
attacked, that the one making the defense had no part began no longer exists, the one
therein.
making the defense has no more right
3. Anyone who acts in defense of the person or rights of a
stranger to kill or even wound the aggressor.
a. Provided that the first and second requisites requisities
mentioned in the first circumstance are present; and Reasonable Requires a consideration of:
b. Person defending be not induced by revenge, necessity o Whether aggressor was armed
resentment or other evil motive. o Nature and quality of weapon
4. Any person who, in order to avoid an evil or injury, does an act
which causes damage to another
used
a. Evil sought to be avoided actually exists o Physical conditions and sizes
b. Injury feared be greater than that done to avoid it of both aggressor and person
c. There be no other practical and less harmful means of defending himself
preventing it Lack of sufficient Absence of sufficient provocation on
5. Any person who acts in the fulfillment of a duty or in the lawful provocation the part of the person defending
exercise of a right or office
6. Any person who acts in obedience to an order issued by a o Note: differentiate this from
superior for some lawful purpose provocation as a mitigating
circumstance which refers to
Notes: provocation on the part of the
No criminal and civil liability offended party

Requisites of self defense Effect when not all of the requisites for defense are present:
1. Unlawful aggression Ordinary mitigating if only one requisite is present
2. Reasonable necessity of the means employed to prevent or which should always be
repel it unlawful aggression
3. Lack of sufficient provocation on the part of the person
defending himself
Privileged mitigating Two requisites are present
which should always include
*different 3rd requisite for defense of relative / stranger
unlawful aggression
Unlawful A mere threatening or intimidating Battered Woman Syndrome
aggression attitude is not sufficient; there must
Must go through the battering cycle atleast twice (tension
be a real danger to life or personal
building, acute battering, tranquil)
safety. There must be an actual,
Final acute battering episode preceding the killing of the
sudden, unexpected attack or
batterer must have produced in the battered persons mind
imminent danger.
actual fear of an imminent harm
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 At the time of the killing, the batterer must have posed
probable, not necessarily immediate and actual, grave harm to
the accused based on the history of violence by the former
against the latter.
Requisites:
State of necessity 1. Evil sought to be avoided actually
exists
2. Injury feared greater than that done
to avoid it
3. No other practical or less harmful
means of preventing it
Note: persons for whose benefit the harm
was done shall be civilly liable
Fulfillment of 1. Offender acted in the performance
duty of a duty or the lawful exercise of a
right or office
2. Injury caused or the offense
committed is the necessary
consequence of the due
performance of such right
Note: in the absence of the 2nd requisite,
can become a mitigating circumstance
Obedience to 1. Order issued by a superior
superior order 2. Order is for legal purpose
3. Means used to carry out such order
is lawful
Note: if the order is illegal but looks legal
and the subordinate is not aware of its
illegality, the subordinate is not liable.
EXEMPTING CIRCUMSTANCES (ART. 12)
- there is civil liability except for accident and insuperable cause
1. Imbecility / Insanity
2. Minority
3. Accident
4. Compulsion / irresistible force
5. Impulse / uncontrollable fear
6. Insuperable or lawful cause
1. Imbecility / Unless he/she acted during a lucid
Insanity interval
Should relate to the period immediately
before or at the precise moment of doing
the act
Two tests:
o Cognition test or complete
deprivation of intelligence
o Volition test or total deprivation
of freedom
2. Minority Child 15 or under exempt but subject
to intervention
Over 15 (15 years + 1day)
o exempt and shall be subject to
intervention
o if with discernment: shall
undergo diversion
Suspension of sentence: child under 18 at time
of commission even if the child is already 18 or
more at the time of the pronouncement of guilt
Minors disqualified from suspension of
sentence:
1. Has once enjoyed the suspension of
sentence
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 2. Convicted for an offense punishable by
death or life imprisonment
3. Convicted by military tribunals
3. Accident 1. Performing a lawful act with due car
2. Caused by mere accident
3. No fault or intent of causing injury
4. Irresistible 1. Force must be physical, must come from
force an outside source, and the accused must
act not only without a will but even
against his will
2. Actor must be reduced to a mere
instrument, such that the element of
freedom is wanting
3. Duress, force, fear, or intimidation must
be present, imminent, and impending
and of such a nature as to induce a well
grounded fear of death or injury
5.Uncontrollable 1. Threat which caused the fear of an evil
fear greater than or at least equal to that
which the accused was required to
commit
2. Promised an evil of such gravity and
imminence that the ordinary man would
have succumbed to it
6. Insuperable Applies to felonies by omission
cause No civil liability
8. Deaf and dumb, blind, suffering some physical defect
9. Illness of the offender as would diminish exercise of will power
10. Similar / analogous circumstances
Note: these are personal to the accused
Classifications:
Ordinary Privileged
Can be offset by a generic Cannot be offset by ANY
aggravating circumstance aggravating circumstance
Penalty is lowered to the Penalty is lowered by one /
minimum period of the two degrees
penalty prescribed
NOTE: as an exception, where
there are two ordinary
mitigating with no
aggravating, penalty is
lowered by one degree
Not considered when what is Always considered regardless
prescribed is a single of penalty
indivisible penalty
Privileged Mitigating:
1. Incomplete self defense with two elements present
2. Minority
3. Two ordinary mitigation with no aggravating

MITIGATING CIRCUMSTANCES (ART. 13) Notes:

1. Incomplete self-defense 1. Incomplete There must always be self-defense
2. Minority / old age self-defense When unlawful aggression alone is proved
3. Praeter intentionem - ordinary mitigating
4. Sufficeint Provocation When unlawful aggression + one more
5. Immediate vindication of a grave offense element privileged mitigating
6. Passion / obfuscation 2. Minority Always privileged
7. Voluntary surrender / Voluntary plea of guilt

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3. Praeter Lack of intention to commit so grave a
Intentionem wrong as that committed
Cannot be invoked if the acts of the
accused are sufficient to bring about the
result intended or when the means
employed would naturally result to the
felony committed
Does not apply to crimes not involving
intent
4. Sufficient Provocation must be immediate to the
provocation commission of the crime no interval of
time elapsed between the provocation
and the commission of the crime
Must originate from offended party
5. Immediate Immediate proximate and allows for a
vindication of lapse of time as long as the offender is still
a grave suffering from the mental agony brought
offense by the offense to him
Cannot be considered in favor of the
accused when he had sufficient time to re
cover his serenity.
6. Passion and Must arise from the accuseds lawful
obfuscation sentiments. Offended must have done an
act unlawful and sufficient to excite
passion or obfuscation of the part of the
accused.
Cannot co-exist with treachery or evident
premeditation because passion /
obfuscation must be a spur of the moment
Act producing obfuscation must not be far
removed from the commission of the
crime by a considerable length of time,
during which the accused might have
regained his normal mind.
7. Voluntary 1. Must surrender to a person in authority or
surrender / his agent
Voluntary plea 2. Offender surrendered before arrest is
of guilt effected
3. Surrender must be voluntary (spontaneous
and must show the intent to submit
unconditionally
Voluntary plea of guilt
1. In open court
2. Spontaneously and unconditionally
3. Prior to the presentation of the evidence
of the prosecution
Note: these two circumstances are separate and
distinct from each other
8. Physical Must relate to the offense
defects and Defense must have effect of restricting his
illness means of action, defense, or
communication
It must be shown that such physical defect
limits his means of communication with
his fellow beings to such an extent that he
did not have complete freedom of action,
resulting in dimuniton (not deprive; if
deprive -> exempt) of the element of
voluntariness.
Analogous Ex: restitution of funds (analogous to
circumstances voluntary plea of guilt)
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AGGRAVATING CIRCUMSTANCES (ART. 14) Classification Notes
1. Abuse of official position Generic Apply to all crimes
2. Insult to public authorities Can be offset by an ordinary
3. Age, sex, rank, dwelling mitigating
4. Abuse of confidence Increases penalty to maximum period
5. Palace of chief executive / in his presence / place of religious Qualifying Cannot be offset by any mitigating
worship circumstance
6. Nighttime / Uninhabited place / Band Changes the nature of the crime and
7. Calamity / misfortune designation of the offense
8. Aid of armed men Increase the penalty by degrees
9. Recidivism Where one of the aggravating
10. Reiteracion circumstances has been used as a
11. Price / promise / reward qualifying circumstance, the others
12. Inundation / Fire / Poision / Explosion / Stranding of a vessel will be deemed as generic
or intentional damage there to / derailment of a locomotive /
Special / specific Apply to particular felonies
use of any other artifice involving great waste and ruin
Cannot be offset by an ordinary
13. Evident premeditiation
mitigating circumstance
14. Craft / fraud / disguise
Ex: organized syndicated group / use
15. Advantage be taken of superior strength or means be
of unlicensed firarm in homicide /
employed to weaken the defense
murder
16. Treachery
17. Ignominy Inherent An element of the felony committed thus no
18. Unlawful entry longer considered against the offender in the
19. Wall / roof/ floor/ door or window be broken determination of the penalty
20. Crime be committed with the aid of persons below 15 or by
means of motor vehicles
21. Wrong done be deliberately augmented by causing other Notes:
wrong not necessary in its commission
1. Abuse of Public official must use the influence,
Notes: official prestige and ascendency which his office
Exclusive list no analogous cricumstances position gives him in realizing his purpose.
Must be alleged in the information Intimate connection between the offense
Generic aggravating circumstances must be alleged in the and office
information just like qualifying circumstances 2. Insult to Covers not only persons in authority but
public also agents of person in authority and
authorities other public officers
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 Public authority is engaged in the 6. Nighttime Only when it is sought or taken advantage
discharge of his duties and offender knows to facilitate the commission of the crime /
that he is a public authority ensure immunity from capture
If direct assault - absorbed Committed exclusively at nighttime and
3. Age, sex, Offender deliberately intended to offend not commenced at daytime
rank, dwelling or insult the offended Uninhabited W/N in the place of the commission of the
Cannot co-exist with passion or place offense, there was reasonable possibility
obfuscation of the victim receiving some help.
Not applicable in crimes against property Band 1. More than three persons
Sex not considered in crimes where being 2. Armed malefactors
a woman is an inherent element 3. Acting together in the commission of the
For dwelling to be considered, it is not offense
necessary that the accused should have 7. Calamity or Does not include acts of men
entered the dwelling of the victim to misfortune Refers to the occasion or during any of the
commit the offense. It is enough that the calamities mentioned when the crime is
victim was attacked inside his own house. committed
Dwelling is not aggravating if the offended 8. Aid of 1. Armed men or persons took part in the
has given provocation or if both the armed men commission of the crime, directly or
offended and the offender live thereof or indirectly
if inherent in the crime 2. Accused availed himself of their aid or
4. Abuse of 1. Offended had trusted the offender relied upon them when the crime was
confidence 2. Offender abused such trust committed
3. Abuse of confidence facilitated the
commission of the crime Merely aided -> they are accomplices
5. Palace of Not necessary that they are engaged in 9. Recidivism 1. At the time of trial for one crime
chief executive discharge of duties 2. Shall have been previously convicted by
/ in his Offender must have sought the above final judgment
presence / in a places for the commission of the crime 3. Of another crime embraced in the same
place title under the RPC
dedicated to
religious Can be appreciated even if the convict was
worship given absolute pardon
10. Reiteracion 1. Offender has been previously punished
(served sentence_

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 2. First offense have been punished with an Applies only in crimes against persons
equal or greater penalty; OR Generic aggravating circumstance for
3. For two or more crimes to which it crimes other than killing
attaches a lighter penalty Absorbs both nighttime and taking
11. Price / Personal circumstance to the receiver advantage of superior strength
Promise / 17. Ignominy Moral attribute, which adds disgrace to
Reward (moral the material injury caused by the crime.
12. Inundation If one of these circumstances was a means suffering) Produces more suffering on account of its
/ Fire to kill, the crime is murder, not homicide. humiliating effects.
Thus, circumstance will no longer be 18. Unlawful Entrance though a way not intended for
considered aggravating. entry that purpose
13. Evident 1. Time when the offender determined to 19. Breaking of Opening must be used to enter, not to
premeditation commit the crime wall escape
2. An act manifestly indicating that he has Inherent in trespass and robbery with
clung to his determination force
3. Sufficient lapse of time between such
20. Aid of Two circumstances:
determination and execution to allow him
minors / use of Commission of crime with aid of minor
to reflect upon the consequences of his
motor vehicles under 15 years of age
act
Commission by means of motor vehicles,
14. Craft / Not aggravating if they did not facilitate
airships, motorized water crat or similar
fraud / the commission of the crime or not taken
means.
disguise advantage
21. Cruelty Cruel acts were done while the victim was
15. Abuse of Offender intentionally and purposely (physical alive and the offender delighted in the
superior employ excessive force out of proportion suffering) suffering of the victim.
strength or to the means of defense available to the
Whether the accused deliberately and
means taken offended party.
sadistically augmented the wrong by
to weaken the Attackers cooperated in such way as to
causing another wrong not necessary for
defense secure advage from superiority of
its commission or inhumanly increased the
strength.
victimes suffering
16. Treachery 1. Insure that the offended at the time of
attack was not in a position to put up any
defense
2. Means, manner, and form was consciously
and deliberately chosen.

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Habituality in crimes: recidivism, reiteracion, habitual delinquency, 2. New crime committed before or during
quasi-recidivism service of sentence must be a felony

Recidivism 1. At the time of trial for one crime ALTERNATIVE CIRCUMSTANCES

2. Shall have been previously convicted by 1. Relationship
final judgment a. Spouse, ascendant, descendant, legitimate, natural, or
3. Of another crime embraced in the same adopted brother or sister or relative by affinity in the
title under the RPC same degrees.
Reiteracion 1. Offender has been previously punished 2. Intoxication
2. First offense have been punished with an 3. Degree of Instruction
equal or greater penalty; OR
For two or more crimes to which it attaches a Relationship Aggravating: crimes against chastity
lighter penalty Mitigating: physical injuries
Habitual Special aggravating (cannot be offset) Intoxication Aggravating:
delinquency circumstance for which is imposed an additional 1. Habitual alcoholic
penalty which escalates with the increase in the 2. Intentional
number of conviction: Mitigating:
1. He has taken a quantity of alcohol sufficient
1. Within a period of 10 years from his release to produce the effect of obfuscating reason
or last conviction 2. Not a habitual drinker and did not take the
2. Of the crimes of falsification, robbery, drink with the intention to reinforce his
estafa, theft, serious or less serious physical resolve to commit the crime
injuries; 3. Mental faculties must be affected by
3. Found guilty of said crimes a third time or drunkenness
oftener Degree of Low degree of education may be mitigating but
Instruction never aggravating
Law requires three conviction third conviction
must be committed within 10 years from second - does not High degree may be aggravating but never
conviction apply to mitigating
Quasi- Special aggravating (cannot be offset) theft and
recidivism 1. Offender has been previously convicted by robbery
final judgment and before beginning to
serve such sentence or while serving the
same committed a felony

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