G.R. No. 238798 – Criminal Law – Special Penal Laws – Juvenile Justice Act – Discernment Criminal Law – Book 1 – Mitigating Circumstances – Minority Remedial Law – Criminal Procedure – Information – When offender is a CICL Remedial Law – Evidence – Hearsay Rule – Exceptions; Res Gestae […]
mitigating circumstances
6 posts
In the Revised Penal Code, particularly subsection 9 of Article 13 on Mitigating Circumstances, it is provided that the criminal liability of an offender shall be mitigated if, in the commission of the crime, he was afflicted by an illness which diminished the exercise of his will-power. Such illness, however, […]
G.R. No. 151978 – 478 Phil. 606 – 434 SCRA 467 – Criminal Law – Mitigating Circumstances – Article 64, Revised Penal Code – Presence of two mitigating circumstances; no aggravating circumstances – Combining the mitigating circumstances in paragraphs 4, 5, and 6 of Article 13 of the Revised Penal […]
G.R. No. 133382 – 327 SCRA 695 – Criminal Law – Book I – Qualifying Circumstances cannot offset Mitigating Circumstances On July 14, 1993 about 7:30 pm in the Municipality of Vinzons, Camarines Norte, Efren Mendoza hacked Anchito Nano with a bolo which immediately killed the latter. Later, Mendoza voluntarily […]
G.R. Nos. 138874-75 – 421 SCRA 530 (2004); 463 SCRA 652 (2006) – Criminal Law – Book I – Mitigating Circumstances – Minority; Proof In July 2005, the Supreme Court affirmed the conviction of Francisco Larrañaga and others, including one James Andrew Uy. Larrañaga et al were convicted of kidnapping […]
G.R. No. 123298 – 416 SCRA 491 – Criminal Law – Book I – Mitigating Circumstances – Minority as a Defense – No Certificate of Birth Calpito was convicted of murder by the regional trial court. On November 21, 1990, Calpito robbed and killed a certain Villas in the room […]