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.