Q: What is the indispensable condition for an Incomplete Justifying or Exempting Circumstance to

occur?
A: The offended party must be guilty of unlawful aggression

Q: When is a minor not covered by mitigating circumstances despite being a minor?

A: When the minor, over 15 but under 18 acted with discernment

Q: What are the requisites of the mitigating circumstance of Passion and Obfuscation?
A: Accused acted upon an impulse; Impulse must be so powerful that it naturally produced
passion or obfuscation in him.

Q: Can passion or obfuscation arise from any kind of sentiment?

A: No, it must arise from lawful sentiments in order to be mitigating.

Q: What are the requisites of Vindication of a Grave Offense

A: Grave offense has been done to the one committing the felony, his spouse, ascendants,
descendants, legitimate, natural or adopted brothers or sisters or relatives by affinity within the
same degree; and Felony is committed in vindication of such offense

Q: When can voluntary surrender and confession of guilt occur?

A: For voluntary surrender: Offender had not been actually arrested; Surrender was made to a
person in authority or the latters agent; and Surrender was voluntary.
A: For confession of guilt: Offender had voluntarily confessed guilt; It was made in open court
(that is before competent court that is to try the case); and It was made prior to the presentation
of evidence for the prosecution.
Q: Whats the distinction between ordinary mitigating and privilege mitigating circumstance?
A: Nature: Ordinary mitigating can be offset by aggravating circumstances while privilege
mitigating; Effect: Ordinary mitigating, if not offset, will operate to reduce penalty to minimum
period provided the penalty is a divisible one. Privilege mitigating operates to reduce the penalty
by one or two degree, depending upon what the law provides

Q: What are special aggravating circumstances?

A: Those which arise under special conditions to increase the penalty of the offense and cannot
be offset by mitigating

Q: To be appreciated as an aggravating circumstance, taking advantage of public position, what must

the officer use?
A: The public officer must use the influence, prestige and ascendancy of his office in realizing
his purpose.

Q: When is public position not appreciated as aggravating circumstance?

A: If the accused could have perpetrated the crime without occupying his position; and In
offenses where taking advantage of official position is made by law an integral element of the
crime (ex:Malversation, falsification of a document)

Q: When is contempt or insult to a public officer an aggravating circumstance?

A: The requisites are:
(1) Public authority is engaged in the exercise of his functions;
(2) Such public authority is not the person against who the crime is committed
(3) Offender knows him to be a public authority; and
(4) His presence has not prevented the offender from committing the crime.

Q: When contempt or insult to public officers is not aggravating?

(1) When the crime is committed against the public officer or authority himself
(2) When the offended parry is merely an agent of a person in authority; and
(3) When it is inherent in the crime such as direct assault under Art. 148 of the Revised
Penal Code.
Q: In what kind of crimes can you use the aggravating circumstance of disrespect due to rank age or
sex?
A: This aggravating circumstance is appreciated only in crimes against persons and honor, not
against property like robbery with homicide.

Q: What are the requisites of dwelling as an aggravating circumstance?

A: Provocation in dwelling must be:
(1) Given by the offended party;
(2) Sufficient; and
Immediate to the commission of the crime.
Q: What are the requisites of abuse of confidence as an aggravating circumstance?
A: There must be sufficient proof that:
(1) The offended party had trusted the offender;
(2) The Offender abused such trust by committing a crime against offended party; and
The abuse of confidence facilitated the commission of the crime

Q: How many people constitutes a band?

A: There should be at least more than three armed malefactors acted together in the
commission of the offense

Q: When will the aggravating circumstance of uninhabited place be appreciated?

A: Whether or not a place may be considered uninhabited, is determined not by the distance of
the nearest house to the scene of the crime but whether or not in the place of commission there
was a reasonable possibility of the victim receiving some help

Q: When will the place of the commission of the offense be an aggravating circumstance?
A: If it is committed:
(1) In the palace of the Chief Executive;
(2) In the presence of the Chief Executive;
(3) Where public authorities are engaged in the discharge of their duties; or
(4) In the a place dedicated to religious worship