Intoxication is the person’s state of drunkenness.

As to when intoxication becomes mitigating?

1. If intoxication is not habitual.

2. If intoxication is not subsequent to the plan to commit a felony.

e.g. To entitled the mitigating circumstance of intoxication, the accused must show evidence that at the time of the commission of the crime, he has taken such quantity of alcoholic drinks as to blur his reason and deprive him of a certain degree of control and that such intoxication is not habitual, or subsequent to the plan to commit the felony.  (People vs. Budoso; 1974)

As to when it is aggravating?

1. If intoxication is habitual.

2. If it is intentional and subsequent to commit a felony.

e.g. The accused who had plotted the death of the victim, drank wine in order to embolden himself in the carrying out of his evil plan, his intoxication is intentional. (People vs. Hernandez, 91 Phil. 334, 344)

Keypoints:

Mitigating if it is accidental and unintentional.

Aggravating if it is habitual and intentional.

According to the book of Reyes, Ignominy is a circumstance pertaining to the moral order, which adds disgrace and obloquy to the material injury caused by the crime. This aggravating circumstance is applicable when the crime committed is against chastity. In the crime of less serious physical injuries, ignominy aggravates the penalty. This means employed tend to make the effects of the crime more humiliating or to put the offended party to shame.

e.g.  Ignominy is present in a case where one rapes a married woman in the presence of her husband, or where the accused rapes a woman in the presence of her bethrothed, or where a woman was successively raped by four men, or where the accused used not only the missionary position but also the dog style of  sexual intercourse. (Reyes;2006)

On the other hand, Cruelty is when the culprit enjoys and delights in making his victim suffer slowly and gradually, causing him unnecessary physical pain in the consummation of the criminal act. In order for it to be an aggravating circumstance, it is essential that the wrong done was intended to prolong the suffering of the victim, causing him unnecessary moral and physical pain.(Reyes; 2006)

e.g. That after hog-tying the victim, the accused extracted the victim’s left eye from it’s socket with the pointed end of this cane and also stuffed the victim’s mouth with mud. (People vs. Mariquina, 84 Phil. 39, 40-41,43,44)

Key Points:

Ignominy - purposely causing mental suffering

Cruelty - purposely causing physical suffering