Crim Law 1 - Art 15 Essay

1248 WordsSep 3, 20145 Pages
Art 15. ALTERNATIVE CIRCUMSTANCES. Their concept. — Alternative circumstances are those which must be taken into consideration as aggravating or mitigating according to the nature and effects of the crime and the other conditions attending its commission. They are the relationship, intoxication and the degree of instruction and education of the offender. The alternative circumstance of relationship shall be taken into consideration when the offended party is the spouse, ascendant, descendant, legitimate, natural, or adopted brother or sister, or relative by affinity in the same 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 of intoxication, if the same is not habitual or subsequent to the plan to commit said felony but when the intoxication is habitual or intentional, it shall be considered as an aggravating circumstance. • ALTERNATIVE CIRCUMSTANCES – those which must be taken into consideration as aggravating or mitigating according to the nature and effects of the crime and other conditions attending its commission. * Use only the term alternative circumstance for as long as the particular circumstance is not involved in any case or problem. The moment it is given in a problem, do not use alternative circumstance, refer to it as aggravating or mitigating depending on whether the same is considered as such or the other. They are a. RELATIONSHIP – taken into consideration when offended party is the spouse, ascendant, descendant, legitimate, natural or adopted brother or sister, or relative by affinity in the same degree (2nd) of the offender * The relationship of step-daughter and step father is included (Pp vs. Tan,264 SCRA 425), But not of uncle and niece. (People vs. Cabresos, 244 SCRA 362) b. INTOXICATION – mitigating when the

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