CIRCUMSTANCES AFFECTING CRIMINAL LIABILITY III.

 Modifying Circumstances- those which will either increase or

  decrease the penalty. They are called mitigating or aggravating
I. Classification: In general the circumstances are either (i) defenses circumstances   
or (ii) modifying circumstances   
  IV. CIRCUMSTANCES RECOGNIZED IN THE
II. Defenses: those which if proven may result to an acquittal of the PHILIPPINES.
offender from the crime charged or lead to non-criminal liability.  
They are the reasons advanced by the accused why he may not be They are found either in the Revised Penal Code, Special Laws or in
held criminally liable. jurisprudence. The defenses and modifying circumstances governed
  by the RPC include the following:
They are classified into the following:  
  A. Justifying Circumstances- These are the defenses in which
A. AS TO FORM: the accused is deemed to have acted in accordance with the law
  and therefore the act is lawful. Since the act is lawful, it follows
1. Positive or Affirmative- They are often called defenses in the that there is no criminal, no criminal liability and no civil
nature of “Admission and Avoidance”. The accused admits liability, save in paragraph 4.
authorship of the act or omission charged and imputed to him but he   
puts up matters to avoid criminally liability or which will result to his B. Exempting Circumstances- These are defenses where the
acquittal. accused committed a crime but is not criminally liable. There is a
All the Justifying, Exempting and Absolutory Causes are Affirmative crime, and there is civil liability but no criminal.
defenses.  
  C. Absolutory Causes- These are defenses which have the same
2. Negative- the accused denies authorship or having performed the effects as the exempting circumstances but they are not among
act or omission imputed to him. Examples are denial, alibi, mistaken those enumerated in Article 12. They are found in certain Articles
identity.  of the Revised Penal Code or are developed by jurisprudence.
   
B. AS TO EFFECT: D. Mitigating Circumstances- Those which when present
  results either to: (i) the penalty being reduced by at least one
1. Total or Perfect degree or (ii) the penalty shall be imposed in its minimum period.
a. Those the effect of which will totally exonerate the They are those enumerated in Article 13.
accused. Example: a complete justifying  
circumstance, amnesty E. Extenuating Circumstances- .Those which have the same
2. Partial effect as mitigating circumstances but are not among those
a. Those which are intended to lessen the liability of enumerated in Article 13 but are provided for in certain articles of
the accused. They include proof the offense is a the RPC and apply only to certain felonies. They are called
lesser offenses, or that it is of a lower stage of “Special Mitigating Circumstances”.
execution, that the accused has a lower  
participation and is not the principal. F. Aggravating Circumstances- Those which when present will
  result either to: (i)  a change in the nature of the offense as to
C. AS TO SOURCE: make it more serious and result to the imposition of a
  higher  penalty (ii) the penalty being imposed in its maximum
1. Legal period.    They are provide for by the Revised Penal Code as well
a. Those provided for by statutes or by the as by special laws.
constitution. For example: prescription of crimes,  
marriage of the offender and offended; pardon, G. Alternative Circumstances- those which may either be
double jeopardy, amnesty. appreciated as mitigating or aggravating. They are enumerated in
2. Factual Article 15 of the RPC.
a. Those based on the circumstances of the  
commission of the crime relating to the time,
place, manner of commission; identification of the
accused; reasons for the commission. For
example: alibi, self defense; insanity, mistaken
identity.