Mitigating Circumstances (Criminal Law)

Bar Exam Questions and Suggested Answers on Mitigating Circumstances (Criminal Law)

QUESTION (2009):

No. XI. b. Voluntary surrender is a mitigating circumstance in all acts and omissions punishable under the Revised Penal Code.

SUGGESTED ANSWER:

False, Voluntary surrender may be appreciated in cases of criminal negligence under Art. 365 since in such cases, the courts are authorized to imposed a penalty without considering Art. 62 regarding mitigating and aggravating circumstances.

QUESTION (2012):

No. II. a. What is a privileged mitigating circumstance? (5%)

SUGGESTED ANSWER:

Privileged mitigating circumstances are those that mitigate criminal liability of the crime being modified to one or two degrees lower. These circumstances cannot be off-set by aggravating circumstance. The circumstance of incomplete justification or exemption (when majority of the conditions are present), and the circumstance of minority (if the child above 15 years of age acted with discernment) are privileged mitigating circumstances.

QUESTION (2012):

No. II. b. Distinguish a privileged mitigating circumstance from an ordinary mitigating circumstance as to reduction of penalty and offsetting against aggravating circumstance/s. (5%)

SUGGESTED ANSWER:

The distinction between ordinary and privilege mitigating circumstances are: (a) Under the rules for application of divisible penalties (Article 64 of the Revised Penal Code), the presence of a mitigating circumstance, has the effect of applying the divisible penalty in its minimum period. Under the rules on graduation of penalty (Articles 68 and 69), the presence of privileged mitigating circumstance has the effect of reducing the penalty one or two degrees lower. (b) Ordinary mitigating circumstances can be off-set by the aggravating circumstances. Privileged mitigating circumstances are not subject to the off-set rule.


Source: 
"A Compilation of the Questions and Suggested Answers in the Philippine Bar Examinations 2007-2013 in Criminal Law", Compiled and Arranged by Rollan, Faith Chareen and Salise, Hector Christopher (University of San Jose-Recoletos School of Law), ANSWERS TO BAR EXAMINATION QUESTIONS by the UP LAW COMPLEX (2007, 2009, 2010) & PHILIPPINE ASSOCIATION OF LAW SCHOOLS (2008)