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 |
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