Practice question
Why are the circumstances in Article 15 called alternative?
- They always eliminate criminal liability.
- Their aggravating or mitigating treatment depends on the crime's nature and effects and the other attendant conditions.
- They apply only if the victim consents.
- The accused may freely elect either effect.
- They always produce the same penalty.
Legal references
- Revised Penal Code, Act No. 3815, specified articles, as amended: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/28/20426; Articles 15 and 62.
- Ilayat v People, G.R. No. 259916, July 25, 2025, en banc main decision, intoxication proof: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/70091
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