Article 13: Crime Committed Is Not Wholly Excusable. A Penalty Lower by

Paragraph Related Provisions Special Laws
Art 62 (3)
- 3. Aggravating or mitigating
circumstances which arise from
the moral attributes of the
offender, or from his private
relations with the offended
party, or from any other
personal cause, shall only serve
to aggravate or mitigate the
liability of principals,
accomplices, and accessories as
to whom each circumstances are
attendant
Art 62 (4)
- 4. The circumstances which
ARTICLE 13 consist in the material execution
(MITIGATING of the act, or in the means
CIRCUMSTANCES) employed to accomplish it, shall
serve to aggravate or mitigate
the liability of those persons
only who had knowledge of
them at the time of the execution
of the act or their cooperation
therein.
1. Those mentioned in the Art 11 (Justifying)
preceding chapter, when all the
requisites necessary to justify the Art 12 (Mitigating)
act or to exempt from criminal
liability in the respective cases Art 69 (contrast with Art 67)
are not attendant. - Penalty to be imposed when the
crime committed is not wholly
excusable. A penalty lower by
one or two degrees than that
prescribed by law shall be
imposed if the deed is not wholly
excusable by reason of the lack
of some of the conditions
required to justify the same or to
exempt from criminal liability in
the several cases mentioned in
Art 11 and 12, provided that the
majority of such conditions be
present. The courts shall impose
the penalty in the period which
may be deemed proper, in view
of the number and nature of the
conditions of exemption present
or lacking.
Art 67
- Penalty to be imposed when not
all the requisites of exemption of
the fourth circumstance of
Article 12 are present.
2. That the offender is above 15 Art 80 for the elderly (over 70) R.A 10630 for CICL who acted
years but under 18 years of age or with discernment
over 70 years. In the case of the
minor, he shall be proceeded
against in accordance with the
provisions of article 80.
3. That the offender had no Art 49, 4(1)
intention to commit so grave a
wrong as that committed Art 49
- Penalty to be imposed upon the
principals when the crime
committed is different from that
intended.
Art 4
- Criminal liability shall be
incurred:
1. By any person committing a
felony although the wrongful
act done be different from
which he intended.
2. By any person performing an
act which would be an
offense against persons or
property, were it not for the
inherent impossibility of its
accomplishment or on
account of the employment
of inadequate or ineffectual
means.
4. That sufficient provocation or Art 62

threat on the part of the offended - Effects of the attendance of
party immediately preceded the mitigating or aggravating
act circumstances and of habitual
delinquency.
5. That the act was committed in Art 62
the immediate vindication of a - Effects of the attendance of
grave offense to the one mitigating or aggravating
committing the felony (delito), circumstances and of habitual
his spouse, ascendants, delinquency.
descendants, legitimate, natural
or adopted brothers or sisters, or
relatives by affinity within the
same degrees.
7. That the offender had Art 62
voluntarily surrendered himself - Effects of the attendance of
to a person in authority or his mitigating or aggravating
agents, or that he had voluntarily circumstances and of habitual
confessed his guilt before the delinquency.
court prior to the presentation of
the evidence for the prosecution.
8. That the offender id deaf and Art 62
dumb, blind, or otherwise - Effects of the attendance of
suffering some physical defect mitigating or aggravating
which thus restricts his means of circumstances and of habitual
action, defense, or delinquency.
communication with his fellow
beings.
9. Such illness of the offender as Art 62
would diminish the exercise of - Effects of the attendance of
the will power of the offender mitigating or aggravating
without however depriving him circumstances and of habitual
of consciousness of his acts. delinquency.
10. And, finally, any other Art 62
circumstances of a similar nature - Effects of the attendance of
and analogous to those above- mitigating or aggravating
mentioned circumstances and of habitual
delinquency.

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Paragraph Related Provisions Special Laws

4. That sufficient provocation or Art 62

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