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 are Alternative Circumstances?
Alternative Circumstances are circumstances which must be taken in consideration as either aggravating or mitigating according to the nature and effects of the crime and other conditions attending its commission. (Art. 15, Revised Penal Code)
They are considered only when they influenced the commission of the offense. When the nature of the circumstance have been proved, they are no longer called alternative circumstances but are denominated as aggravating circumstance or mitigating circumstance as the case may be. (Boado, Notes and Cases on the Revised Penal Code)
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 are Alternative Circumstances?
Alternative Circumstances are circumstances which must be taken in consideration as either aggravating or mitigating according to the nature and effects of the crime and other conditions attending its commission. (Art. 15, Revised Penal Code)
They are considered only when they influenced the commission of the offense. When the nature of the circumstance have been proved, they are no longer called alternative circumstances but are denominated as aggravating circumstance or mitigating circumstance as the case may be. (Boado, Notes and Cases on the Revised Penal Code)
(1) Relationship
(2) Intoxication
(3) Degree of instruction and education
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