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)


What relationship are included?

Relationship shall be taken into consideration when the offended party is the

1. Spouse
2. Ascendant
3. Descendant
4. Legitimate, natural or adopted brother or sister
5. Relative by affinity of the same degree of the offender (SADBroSA)

● Relationship by affinity refers to a relation by virtue of a legal bond such as marriage. Relatives by affinity therefore are those commonly referred to as in-laws, or stepfather, stepmother, stepchild and the like.

● Relationship of stepfather or stepmother and stepson or stepdaughter is included by analogy as similar to ascendant or descendant. (People v. Bersabal, 48 Phil. 439) But relationship between uncle and niece is not included.

● The circumstance of relationship, Barcela being the common-law husband of BBB’s mother, cannot be considered as an ordinary aggravating circumstance to increase the imposable penalty. While it is true that the alternative circumstance of relationship is always aggravating in crimes against chastity (such as Acts of Lasciviousness), regardless of whether the offender is a relative of a higher or lower degree of the offended party, it is only taken into consideration under Article 15 of the Revised Penal Code "when the offended party is the spouse, ascendant, descendant, legitimate, natural or adopted brother or sister, or relative by affinity in the same degree of the offender." The relationship between Barcela and BBB is not covered by any of the relationships mentioned. (People vs. Barcela, G.R. No. 208760, April 23, 2014)

●Relationship as an alternative aggravating circumstance under Art. 15 of the Revised Penal Code encompasses only the spouse, ascendant, descendant, legitimate, natural or adopted brother or sister, and relative by affinity in the same degrees. Outside these enumerations and consistent with the doctrine that criminal laws must be liberally construed in favor of the accused, no other relationship, kinship or association between the offender and the victim may aggravate the imposable penalty for the crime committed. The fact, then, that the offended party is the granddaughter or descendant of appellants live-in partner cannot justify the imposition of death upon the rapist. (People vs. Atop, G.R. Nos. 124303-05. February 10, 1998)


When is relationship exempting?

1. An accessory who is related to the principal within the relationship prescribed in Article 20 except if accessory falls within Par. 1 of Art. 19;

2. A legally married person who having surprised his spouse in the act of committing sexual intercourse with another person who shall inflict upon them less serious or slight physical injuries. (Article 247)

3. In theft, estafa and malicious mischief for relatives enumerated in Article 332 under the conditions specified therein.


When is relationship mitigating?

1. Relationship is mitigating in crimes against property, by analogy to the provisions of Art. 332.

2. When the crime is less serious or slight physical injuries if the offended party is a relative of a lower degree than the offender.


When is relationship aggravating?

1. In crimes against persons, relationship is aggravating if the offended party is of a higher level than the offender, or when the offender and the offended party are relatives of the same level. (People v. Mercado, 51 Phil. 99)

2. When the crime is homicide or murder if the victim of the crime is a relative of lower degree.

3. When the crime is serious physical injuries, even if the offended party is a descendant of the offender, relationship is aggravating. But the serious physical injuries must not be inflicted by a parent upon his child by excessive chastisement.

4. When the crime is less serious physical injuries or slight physical injuries if the offended party is a relative of a higher degree than the offender.

5. In crimes against chastity, relationship is aggravating whether the offender is of a higher or lower degree than that of the offended party. It is due to the nature of the crime. (People v. Porras, 58 Phil. 578)


When is relationship neither mitigating nor aggravating?

● When it is an element of the crime. Ex. parricide, adultery, concubinage.

● However, if what was charged was murder or homicide, relationship becomes a generic aggravating circumstance.


Bar Question

● The alternative circumstance of relationship shall NOT be considered between: (Bar 2011)

A.  mother-in-law and daughter-in-law.
B.  adopted son and legitimate natural daughter.
C.  aunt and nephew.
D.  stepfather and stepson