ALTERNATIVE CIRCUMSTANCES


Art. 15. 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.

Aggravating

Mitigating

The alternative circumstance of relationship shall be taken into consideration when the offended party in the spouse, ascendant, descendant, legitimate, natural, or adopted brother or sister, or relative by affinity in the same degrees of the offender.


Crimes against persons

Committed against relative of a higher degree  or of the same level

Serious physical injuries

Homcide and murder and rape regardless of the degree

Crimes against chastity

Crimes against property

Crimes against persons

Committed against relative of lower degree

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.

If habitual

If it is intentional

If not habitual

If not subsequent to the plan to commit felony

the degree of instruction and education of the offender.

When offender took advantage of his learning in committing the crime

Low degree or lack of it