- Statute
- Revised Penal Code
- Article
- Art. 15
- Topic
- Alternative circumstances
- Year
- 1930
The provision
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 is 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 circumstance 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.
Key points
Article 15 defines alternative circumstances — those taken into account as aggravating or mitigating according to the nature and effects of the crime and the conditions of its commission. They are relationship, intoxication, and the degree of instruction and education of the offender.
Relationship is considered when the offended party is the offender's spouse, ascendant, descendant, legitimate, natural, or adopted sibling, or relative by affinity in the same degree; whether it aggravates or mitigates depends on the offense. Intoxication mitigates when not habitual or intentional, and aggravates when habitual or sought to embolden the offender. The article is read with Articles 13 and 14 on mitigating and aggravating circumstances.