Alternative Circumstances

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ALTERNATIVE

CIRCUMSTAN
CES

Art. 15. 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 in 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 circumstances 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.

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.

The alternative circumstances are:


a. RELATIONSHIP
b. INTOXICATION
c. DEGREE OF INSTRUCTION AND
EDUCATION OF THE OFFENDER

A. RELATIONSHIP

This is taken into consideration when the offended


party is the:
a. spouse
b. ascendant
c. descendant
d. legitimate, natural or adopted brother or sister
e. relative by affinity in the same degree of the
offender
f. Other relatives included by analogy to
ascendants and descendants e.g. step
parents (It
is their duty to bestow upon their stepchildren a
mother/fathers affection, care and protection)

OTHER RELATIVES INCLUDED:

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