JUSTIFYING CIRCUMSTANCE

Battered Woman Syndrome is a Justifying Circumstance even in the absence of all the requisites of a JC. (Sec. 26, RA 9262) Cycle of violence repeated at least twice: (PP v. Genosa, 2004) 1. Tension-building phase 2. Acute battering incident 3. Tranquil, Loving period In Justifying circumstances, there is no crime committed. Thus, no criminal and civil liability. (EXCEPT para 4) In Exempting Circumstances, the crime was committed but because of the lack of one or several of elements (FII) for the commission of a felony, the offender is freed from any criminal liability. However, there is civil liability. In an absolutory cause, the offender performed the act with freedom, intelligence, and intent. But by reason of public policy, no penalty is imposed.

What will be the effect of the following to the criminal liability of an offender? (in relation to Art. 4(1) Aberratio Ictus (mistake in the blow) there must at least be 3 persons: offender, intended victim, unintended victim -results to a complex crime -aggravates criminal liability (Art. 48) Praeter Intentionem (the injury caused was greater than what was intended) -mitigates liability of offender (Art. 13 no intention to commit so grave a wrong) Error in personae (offender merely presumes that the person he is attacking is the intended victim and he turned out to be incorrect) Art. 49 generally, mitigates Supervening fact v. efficient intervening cause -EIC is 31:40