MITIGATING CIRCUMSTANCES – those which if present in the commission
of the crime reduces the penalty of the crime but does not erase
criminal liability nor change the nature of the crime
NOTE: A mitigating circumstance arising from a single fact absorbs
all the other mitigating circumstances arising from that same fact.
Par. 1 Incomplete Justifying or Exempting Circumstances
NOTE: This applies when not all the requisites are present.
If two requisites are present, it is considered a privileged
mitigating circumstance. However, in reference to Art.11(4) if
any of the last two requisites is absent, there is only an
ordinary mitigating circumstance. Remember though, that in self-
defense, defense of relative or stranger, unlawful aggression
must always be present as it is an indispensable requirement
Par. 2 Under 18 or Over 70 Years Old
NOTE: Age of accused is determined by his age at
the date of commission of crime, not date of trial.
Par. 3 No Intention to Commit so Grave a Wrong
NOTE: Can be used only when the proven facts show that there
is a notable and evident disproportion between the means
employed to execute the criminal act and its consequences.
Factors that can be considered are:
1. weapon used
2. injury inflicted
3. part of the body injured
4. mindset of offender at the time of commission of crime
This provision addresses the intention of the offender at the
particular moment when the offender executes or commits the
criminal act, not to his intention during the planning stage
NOTE: In crimes against persons – if victim does not die, the
absence of the intent to kill reduces the felony to mere
physical injuries. It is not considered as mitigating. It is
mitigating only when the victim dies.
NOTE: It is not applicable to felonies by negligence because
in felonies through negligence, the offender acts without
intent. The intent in intentional felonies is replaced by
negligence or imprudence. There is no intent on the part of
the offender, which may be considered as diminished
Par. 4 Provocation or Threat
Provocation – any unjust or improper conduct or act of the
offended party, capable of exciting, inciting or
1. provocation must be sufficient
2. it must originate from the offended party
3. must be immediate to the commission of the crime by the
person who is provoked
NOTE: Threat should not be offensive and positively strong.
Otherwise, it would be an unlawful aggression, which may
give rise to self-defense and thus no longer a mitigating
Par. 5 Vindication of Grave Offense
1. a grave offense 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 degrees
2. the felony is committed in immediate vindication of such
NOTE: “Immediate” allows for a lapse of time, as long as
the offender is still suffering from the mental agony
brought about by the offense to him. (proximate time, not
just immediately after)
Par. 6 Passion or Obfuscation
1. offender acted upon an impulse
2. the impulse must be so powerful that it naturally produced
passion or obfuscation in him
NOTE: Act must have been committed not in the spirit of
lawlessness or revenge; act must come from lawful sentiments.
Act, Which Gave Rise To Passion And Obfuscation:
1. That there be an act, both unlawful and unjust
2. The act be sufficient to produce a condition of mind
3. That the act was proximate to the criminal act, not admitting
of time during which the perpetrator might recover his normal
4. The victim must be the one who caused the passion or obfuscation
NOTE: Passion and obfuscation cannot co-exist with treachery
since this means that the offender had time to ponder his
course of action.
Passion or Obfuscation from Irresistable Force
1. Passion or obfuscation is mitigating while Irresistable force
2. Passion or Obfuscation, no physical force needed while
irresistable force requires physical force.
3. Passion and Obfuscation must come from the offender himself
while Irresistable Force must come from 3rd peson
4. Paasion or Obfuscation must come from lawful sentiments
while Irresistable force is unlawful.
Par. 7 Surrender and Confession of Guilt
WHEN SURRENDER VOLUNTARY
- must be spontaneous, showing the intent of the accused to
submit himself unconditionally to the authorities, either
1. he acknowledges his guilt; or
2. he wishes to save them the trouble and expense necessarily
incurred in his search and capture.
NOTE: If both are present, considered as two independent
mitigating circumstances. Further mitigates penalty
Plea made after arraignment and after trial has begun does
not entitle accused to the mitigating circumstance
If accused pleaded not guilty, even if during arraignment,
he is entitled to mitigating circumstance as long as he
withdraws his plea of not guilty to the charge before the
fiscal could present his evidence.
Plea to a lesser charge is not a Mitigating Circumstance
because to be such, the plea of guilt must be to the
Plea to the offense charged in the amended info, lesser
than that charged in the original info, is Mitigating
Par. 8 Physical Defect of Offender
The offender is deaf and dumb, blind or otherwise suffering
from some physical defect, restricting his means of action,
defense or communication with others.
NOTE: The physical defect must relate to the offense committed.
Par. 9 Illness of the Offender
1. The illness of the offender must diminish the exercise of
2. Such illness should not deprive the offender of
consciousness of his acts.
Par. 10 Similar and Analogous Circumstances
1. Defendant who is 60 years old with failing eyesight is
similar to a case of one over 70 years old.
2. Outraged feeling of an owner of an animal taken for
ransom is analogous to vindication of grave offense.
3. Impulse of jealous feeling, similar to passion and
4. Voluntary restitution of property, similar to voluntary
5. Extreme poverty, similar to incomplete justification based
on state necessity.