ALTERNATIVE CIRCUMSTANCES
ALTERNATIVE CIRCUMSTANCESArt. 15. 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. 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.The
alternative circumstances are:a.RELATIONSHIPb.INTOXICATIONc.DEGREE
OF INSTRUCTION ANDEDUCATION OF THE OFFENDER
A. RELATIONSHIPThis is taken into consideration when the
offended party is the:a.spouseb.ascendantc.descendantd.legitimate,
natural or adopted brother or sistere.relative by affinity in the
same degree of the offenderf. Other relatives included by analogy
to ascendants and descendants e.g. step parents (It is their duty
to bestow upon their stepchildren a mother/fathers affection, care
and protection)g. adopting parent and adopted children*
relationship between and niece not includedRELATIONSHIPCrimes
against property as a rule, relationship is mitigating by analogy
to the provisions of Art. 332.
Thus, relationship is mitigating in the crimes of robbery (Art.
294-302), usurpation (Art. 312), fraudulent insolvency (Art. 314)
and Arson(Arts. 321-322, 325-326) , Under Art. 332 of the RPC, no
criminal, but only civil, liability shall result from commission of
the crime of theft, swindling or malicious mischief committed or
caused mutually by spouses, ascendants, and descendants, or
relatives by affinity in the same line; brothers and sisters and
brothers-in-law and sisters-in-law, if living together.
Relationship becomes actually an exempting circumstance since there
is no occasion to consider a mitigating or an aggravating
circumstance because there is no criminal liability.
RELATIONSHIPIn crimes against personsIt is aggravating where the
offended party is a relative ofA higher degree than the
offenderWhen the offender and the offender party are relatives of
the same level (e.g. brothers)But when it comes to any of the
physical injuries: it is aggravating when the crime against person
is serious physical injuries (Art. 263), even if the offended party
is a descendant of the offender. But the serious physical injuries
must not be inflicted by a parent upon his child by excessive
chastisement. it is mitigating when the offense when the offense is
less serious physical injuries or slight physical injuries, if the
offended party is a relative of a lower degree; and aggravating if
the offended party is a relative of a higher degree of the
offender.When the crime committed is homicide or murder,
relationship is aggravating even if the victim of the crime is a
relative of a lower degree.In rape, relationship is aggravating
where a stepfather raped his stepfather raped his stepdaughter or
in a case where a father raped his own daughter.,RELATIONSHIPIn
crimes against chastity, like act of lasciviousness (Art. 336),
relationship is always aggravating, regardless of whether the
offender is a relative of a higher or lower degree of the offended
party.when the qualification given to the crime is derived from the
relationship between the offender and the offended party, it is
neither mit
