Article 15Their concept
ELI5— what this means for you
Alternative circumstances can either mitigate or aggravate depending on the situation. Intoxication mitigates if not habitual/intentional, aggravates if habitual or intentional. Relationship mitigates or aggravates depending on the crime.
Official text — Act No. 3815
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.
TITLE TWO
PERSONS CRIMINALLY LIABLE FOR FELONIES
Related
RELATED RIGHTS
Legal disclaimer: BatasKo provides general legal information, not legal advice. Criminal law has serious consequences — for advice on your specific situation, consult a licensed Filipino lawyer or the Public Attorney's Office (PAO) at pao.gov.ph.