felony but when the intoxication is habitual

BOOK ONE
or intentional, it shall be considered as an
GENERAL PROVISIONS REGARDING THE
aggravating circumstance.
DATE OF ENFORCEMENT AND
APPLICATION OF THE PROVISIONS OF THIS
CODE, AND REGARDING THE OFFENSES,
THE PERSONS LIABLE AND THE PENALTIES

Title One
FELONIES AND CIRCUMSTANCES WHICH
AFFECT CRIMINAL LIABILITY BASIS
• The nature and effects of the crime and the other conditions
CHAPTER 5: ALTERNATIVE attending its commission.

CIRCUMSTANCES ALTERNATING CIRCUMSTANCES

1. Relationship
Article 15. Their concept. - Alternative
2. Intoxication
circumstances are those which must be
3. Degree of Instruction and education of the offender
taken into consideration as aggravating or
mitigating according to the nature and
effects of the crime and the other ---------------------------------------------------------
DEFINITIONS
conditions attending its commission. They - ALTERNATING CIRCUMSTANCES
are the relationship, intoxication and the - Those which must be taken into consideration as
aggravating or mitigating
degree of instruction and education of the - according to the nature and effects of the crime and
other conditions attending its commission.
offender.
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The alternative circumstance of FIRST ALTERNATIVE CIRCUMSTANCE: RELATIONSHIP
- The alternative circumstance of relationship shall be taken into
relationship shall be taken into consideration when the offended party is:
- SPOUSE
consideration when the offended party in
- ASCENDANT
the spouse, ascendant, descendant, - DESCENDANT
- LEGITIMATE, NATURAL, OR ADOPTED BROTHER OR SISTER
legitimate, natural, or adopted brother or - OR RELATIVE OF AFFINITY TO THE SAME DEGREES

sister, or relative by affinity in the same - Other relatives included

degrees of the offender.
The intoxication of the offender shall be
taken into consideration as a mitigating
circumstances when the offender has
committed a felony in a state
intoxication, if the same is not habitual or
subsequent to the plan to commit said
- Stepfather or stepmother and stepson or stepdaughter
included by analogy as similar to that of ascendant
and descendant.
o Generally, for a “step” relationship to exist,
the step-parent and the biological parent of
the child must be legally married.
o HOWEVER, Article 266-B includes common-
law spouses. This is but a special qualifying
circumstance.
of - Adoptive parent and adopted child similar to
ascendant and descendant.
- BUT uncle, niece and cousin are not covered.
- RULE: MITIGATING WHEN:
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- General Rule: the relationship is mitigating in crimes
against property:
- o Robbery (Article 294-302)
- o Usurpation (Article 312)
- o Fraudulent insolvency (Article 314)
- o Arson (Article 321-322, 325-326)
- Where the son-in-law believing his wife to be at her
father’s house attempted to force an entry,
relationship is mitigating.
- RULE: AGGRAVATING WHEN:
- General Rule: It is aggravating in crimes against
persons in cases where:
- the offended party is a relative of a higher
degree than the offender,
- or when the offender and the offended party
are relatives of the same level, as killing a
brother, brother-in-law, a half-brother, or
adopted brother.
- In crimes against chastity, relationship is always
aggravating.
- In child abuse cases, relationship is aggravating
because of Section 31(c) of Republic Act No. 7610.
- EXCEPTION RULE: If the crime against persons is any of
the serious physical injuries, the fact that the offended
party is a descendant of the offender is NOT mitigating.
- EXCEPTION RULE: Relationship is neither mitigating nor
aggravating, when relationship is an element of the
offense. Parricide, adultery, concubinage.
- RULE: EXEMPTING WHEN:
- Accessories are exempted (Article 20)
- Legally married spouse catching spouse having sex
with another (Article 247)
- No criminal but only civil liability shall result from the
commission of the crime of (1) Theft, (2) Swindling (3)
Malicious mischief, if committed or caused mutually by
spouses, ascendants, descendants, or relatives by
affinity in the same line; brothers and sisters and
brothers-in-law and sisters-in-law, if living together
(Article 332).
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SECOND ALTERNATIVE CIRCUMSTANCE:
INTOXICATION
- The alternative circumstance of relationship shall be taken into
consideration when the offended party is:
- SPO
- RULE: MITIGATING WHEN:
- (1) if intoxication is not habitual or
- (2) if intoxication is not subsequent to the plan to
commit the felony.
- EXCEPTION: Under Republic Act No 9262
(Anti-Violence Against Women and their
Children Act of 2004), intoxication may not be
used as a defense by the accused
- RULE: AGGRAVATING WHEN:
- (1) if intoxication is habitual; or
- (2) if it is intentional (subsequent to the plan to commit
a felony).
- RULE: “When The Offender Has Committed A Felony In A State
Of Intoxication”
- For an accused to be entitled to the mitigating
circumstance of intoxication, it must be shown that
- (a) at the time of the commission of the
criminal act, he has taken such quantity of
alcoholic drinks as to blur his reason and
deprive him of a certain degree of control
and
- (b) that such intoxication is not habitual, or
subsequent to the plan to commit the felony.
- Accused’s state of intoxication must be proved.
- Drunkenness must affect mental faculties
- RULE: “When The Intoxication Is Habitual”=
- A habitual drunkard is one given to intoxication by
excessive use of intoxicating drinks. The habit should
be actual and confirmed.
- Unnecessary that such habit is daily
- RULE: “Or Subsequent To The Plan To Commit A Felony”
- Even if intoxication is not habitual, it is aggravating
when subsequent to the plan to commit the crime.
- Evidence that the intoxication was habitual, intentional
or subsequent to the plan to commit the felony must
be proved by the prosecution.
- RULE: As non-habitual intoxication implies a disturbance of the
reasoning powers of the offender, obfuscation which has the
same effect on his reasoning powers cannot be considered
independently of non-habitual intoxication.
- RULE: As non-habitual intoxication implies a disturbance of the
reasoning powers of the offender, his lack of instruction cannot
have any influence over him
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THIRD ALTERNATIVE CIRCUMSTANCE:
DEGREE OF INSTRUCTION AND EDUCATION OF THE
OFFENDER
- RULE: MITIGATING WHEN:
- General Rule: Low degree of learning may be
mitigating, never aggravating.
- Lack of instruction must be directly and
positively proved by the defense.
- The question of lack of instruction cannot be
raised for the first time in the appellate court.
- EXCEPTIONS: treason, murder, crimes against chastity,
crimes against property such as estafa, theft, robbery,
arson.
- EXCEPTION TO EXCEPTION:
2
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- The exception to the exception

depends on attending
circumstances. Murder mitigated by
low degree of instruction because it
caused accused to believe in
witchcraft (People v. Laolao).

- RULE: AGGRAVATING WHEN:

- General Rule: High degree of learning may be
aggravating, never mitigating.
- Degree of instruction is aggravating when the offender
availed himself or took advantage of it in committing
the crime.
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