Article 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 in 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. (Art. 15, Revised Penal Code)


When is low degree of education mitigating?

Low degree of instruction and education is mitigating when the offender were of such low mental capacity that they had not realized the full significance of their acts. The criteria in determining lack of instruction is not illiteracy alone, but rather lack of sufficient intelligence. However, if the crime is inherently wrong such as murder, theft, robbery, or rape, it is immaterial whether the offender is schooled or not.

Cases:

● The fact that Orbista thumbmarked the document attesting of the promulgation of the decision, a sign that he did not know how to write, is not sufficient to prove the existence of this alternative circumstance. Not illiteracy alone but also lack of sufficient intelligence are necessary to invoke the benefit of this circumstance. A person able to sign his name but otherwise so densely ignorant and of such low intelligence that he does not realize the full consequences of a criminal act, may still be entitled to this mitigating circumstance. On the other hand, another unable to write because of lack of educational facilities or opportunities, may yet be highly or exceptionally intelligent and mentally alert that he easily and ever realizes the full significance of his acts, in which case he may not invoke this mitigating circumstance in his favor. (People vs. Ripas, G.R. No. L-6246, May 26, 1954)

● Lack of instruction or education can not be appreciated in favor of Roberto Abanes as a mitigating circumstance. The criteria in determining lack of education is not illiteracy alone, but rather lack of sufficient intelligence. The record discloses that far from his claim that he suffers from lack of education, appellant possesses an intelligence worthy of an educated man. In fact, the trial court observed that he talked as if he were a doctor. (People vs. Abanes, G.R. No. L-30609, September 28, 1976)

● Ignorance or lack of instruction cannot be invoked by the accused since they had both finished elementary grades and, therefore, were not illiterate. Although the criterion in determining lack of education is not illiteracy alone, but lack of sufficient intelligence, there is no showing that the accused were of such low mental capacity that they had not realized the full significance of their acts. No one, however unschooled he may be, is so ignorant as not to know that theft or robbery, or assault upon the person of another is inherently wrong and a violation of the law. (People vs. Ang, G.R. No. L-62833, October 8, 1985)

● Appellant is not lacking in instruction. He finished fourth grade and his literacy is demonstrated by the fact that he signed his sworn statement. Besides, lack of instruction is not a mitigating circumstance in murder for man who is a rational being has always been forbidden to kill. (People vs. Tabian, G.R. No. L-30917, February 14, 1983)

● The condition of lack of instruction cannot be taken as a mitigating circumstance, because it has not been established that illiteracy was coupled with such a low degree of intelligence that the malefactors did not fully realize the consequences of their criminal act. (People vs. Agustin, G.R. No. L-18368, March 31, 1966)


When is high degree of education aggravating?

High degree of instruction and education is aggravating when the offender availed himself or took advantage of his learning in committing the crime. Ex. Falsification or estafa committed by a lawyer.

However, if the degree of instruction or education is already considered in the penalty prescribed for such, it should no longer be considered as aggravating. Ex. Abortion practiced by physician.