The Revised Penal Code recognizes several kinds of circumstances that affect criminal liability, either removing it, reducing the penalty, increasing it, or altering it depending on the case. Understanding how they fit together clarifies how a sentence is determined. There are five kinds. Justifying circumstances (such as self-defense, defense of relatives or strangers, state of necessity, fulfillment of a duty, and obedience to a lawful order) make the act lawful, so there is no crime and no criminal liability, and generally no civil liability. Exempting circumstances (such as insanity, minority, accident, irresistible force, and uncontrollable fear) recognize that a wrong was committed but excuse the actor for lacking intelligence, freedom, or intent, so there is no criminal liability, though generally with civil liability. Mitigating circumstances (such as incomplete justification or exemption, no intention to commit so grave a wrong, sufficient provocation, passion or obfuscation, voluntary surrender, and voluntary plea of guilt) reduce the penalty, ordinary ones requiring the penalty in its minimum period and privileged ones lowering it by degrees. Aggravating circumstances (such as treachery, evident premeditation, abuse of superior strength, dwelling, nighttime, and recidivism) increase the penalty, generic ones requiring the maximum period and qualifying ones changing the nature of the crime. Alternative circumstances (relationship, intoxication, and degree of instruction or education) are those that 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; for example, intoxication is mitigating if not habitual and not intentional, but aggravating if habitual or intentional, and relationship may aggravate or mitigate depending on the crime. When several circumstances are present, they are weighed together, ordinary mitigating and generic aggravating circumstances may offset each other, and the result, combined with the Indeterminate Sentence Law, determines the actual sentence. So five kinds of circumstances, justifying, exempting, mitigating, aggravating, and alternative, shape criminal liability by removing, reducing, increasing, or altering it.
Five Kinds of Circumstances
The Revised Penal Code recognizes five kinds of circumstances that affect criminal liability by removing, reducing, increasing, or altering it.
Removing or Reducing Liability
- Justifying — the act is lawful: no crime, no liability;
- Exempting — a wrong done but the actor is excused: no criminal liability (generally with civil); and
- Mitigating — reduce the penalty (minimum period, or by degrees if privileged).
Increasing or Altering Liability
- Aggravating — increase the penalty (maximum period, or qualify the crime); and
- Alternative (relationship, intoxication, degree of instruction) — mitigating or aggravating depending on the crime and circumstances (e.g., intoxication mitigates if not habitual/intentional, aggravates if it is).
Practical Takeaways
- Justifying/exempting remove criminal liability; mitigating reduces; aggravating increases;
- Alternative circumstances can go either way;
- They are weighed together with the Indeterminate Sentence Law to set the sentence.
Frequently Asked Questions
What are the circumstances that affect criminal liability? Five kinds: justifying circumstances, exempting circumstances, mitigating circumstances, aggravating circumstances, and alternative circumstances, which remove, reduce, increase, or alter criminal liability.
What is the difference between justifying and mitigating circumstances? Justifying circumstances make the act lawful, so there is no crime or criminal liability. Mitigating circumstances do not remove liability but reduce the penalty, ordinary ones to the minimum period and privileged ones by degrees.
What are alternative circumstances? Relationship, intoxication, and degree of instruction or education, which must be considered as aggravating or mitigating according to the nature and effects of the crime and the conditions attending its commission.
How are multiple circumstances weighed? They are considered together. Ordinary mitigating and generic aggravating circumstances may offset each other, and the result, combined with the Indeterminate Sentence Law, determines the actual sentence imposed.
This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.
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