Text of the provision

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. 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 circumstance 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.

Revised Penal Code of the Philippines, Act No. 3815, as amended. Reproduced in full. The three sources consulted do not read identically here; the text above is the reading carried by two of the three, including the Official Gazette.

What this article means

Three circumstances that can cut either way, depending on the nature and effects of the crime and the conditions attending it. Relationship aggravates in some crimes and mitigates in others; intoxication mitigates when it is not habitual and was not deliberately sought before committing the felony, and aggravates when it is habitual or intentional; and the offender’s degree of instruction and education is weighed the same way. This is the article that decides whether a drunk accused is better or worse off for it.

Related provisions

On this text. This article is reproduced as the Revised Penal Code enacted it, verified word-for-word against two independent sources. Republic Act No. 10951 (2017) revised the penalty amounts in many other articles of this Code; where an amount appears below it is the figure this article itself carries.

Cases interpreting this article

Note. The text of the provision above is reproduced in full from the official enactment (Act No. 3815), verified against the LawPhil and ChanRobles renderings. The Revised Penal Code has been amended many times; this page reproduces the text as those sources carry it. The annotation and commentary around it are the work of Vivas & Nobles Law Office and are general legal information, not legal advice. How a provision applies to a particular situation depends on facts that only a lawyer reviewing your case can assess.