JUSTIFYING CIRCUMSTANCES SIX TYPES of Exempting Circumstances:

1. Imbecility/Insanity
2. Minority (under 15 yo)
SIX TYPES of Justifying Circumstances:
3. Minority (above 15, under 18 acted without discernment)
1. Self defense
4. Accident
2. Defense of relatives
5. Compulsion of irresistible force
3. Defense of strangers
6. Impulse of uncontrollable fear
4. Avoidance of a greater evil
7. Insuperable or lawful cause
5. Fulfillment of duty
6. Obedience to an order issued for some lawful purpose..
Par. 1. – An imbecile or an insane person, unless the latter has acted
during lucid interval.
Par. 1. Self Defense
Imbecile - One who, while advanced in age, has a mental
Elements: (URL)
development comparable to that of a child between 2 and 7 years of
1. Unlawful aggression
age. Exempt in all cases from criminal liability
2. Reasonable necessity of means employed to prevent or repel it.
3. Lack of sufficient provocation on the part of the person
Insane - There is a complete deprivation of intelligence in committing
defending himself.
the act but capable of having lucid intervals.
1. During a lucid interval, the insane acts with intelligence and
Par. 2. Defense of Relatives
thus, is not exempt from criminal liability.
Elements:
1. Unlawful aggression
Par. 2.& 3. Minority
2. Reasonable necessity of means employed to prevent or repel it
Sec. 6, RA 9344. Minimum Age of Criminal Responsibility. - A child
3. In case the provocation was given by the person attacked, the
one making the defense had no part therein. fifteen (15) years of age or under at the time of the commission of
the offense shall be exempt from criminal liability. However, the child
Par. 3. Defense of Strangers shall be subjected to an intervention program pursuant to Section 20
Elements: of this Act.
1. Unlawful aggression;
2. Reasonable necessity of the means employed to prevent or A child above fifteen (15) years but below eighteen years of age shall
repel it; likewise be exempt from criminal liability and be subjected to an
3. The person defending was not induced by revenge, resentment intervention program, unless he/she has acted with discernment, in
or other evil motive. which case, such child shall be subjected to the appropriate
proceedings in accordance with this Act.
Par. 4. Avoidance of a Greater Evil
Elements: Par. 4. Accident
1. Evil sought to be avoided actually exists Elements:
2. Injury feared be greater than that done to avoid it 1. A person is performing a lawful act;
3. There is no other practical & less harmful means of preventing 2. With due care;
it. 3. He causes an injury to another by mere accident;
4. Without fault or intention of causing it.
Par. 5. Fulfillment of Duty or Lawful Exercise of Right or Office
Elements: Par. 5. Irresistible Force
1. Offender acted in performance of duty or lawful exercise of a
Elements:
right or office;
1. That the compulsion is by means of physical force;
2. That the injury caused or the offense committed be the 2. That the physical force must be irresistible;
necessary consequence of the due performance of duty or the
3. That the physical force must come from a third person.
lawful exercise of such right or office.

Par. 6. Uncontrollable Fear

Par. 6. Obedience to an order issued for some lawful purpose
Elements:
Elements:
1. That the threat which causes the fear is of an evil greater than or
1. Order must have been issued by a superior
at least equal to, that which he is forced to commit;
2. The order is for some lawful purpose
2. That it promises an evil of such gravity and imminence that the
3. The means used to carry it out must be lawful
ordinary man would have succumbed to it.

Par. 7. Insuperable or Lawful Causes

Elements:
1. That an act is required by law to be done;
2. That a person fails to perform such act;
3. That his failure to perform such act was due to some lawful or
insuperable cause

MITIGATING CIRCUMSTANCES
EXEMPTING CIRCUMSTANCES
TWELVE TYPES of Mitigating Circumstances:
 1. Incomplete Justification and Exemption
2. Under 18 or Over 70 years of age
3. No intention to commit so grave a wrong
4. Sufficient Provocation or Threat
5. Immediate vindication of a grave offense
6. Passion or obfuscation
7. Voluntary surrender
8. Voluntary plea of guilt
9. Plea to a lower offense
10. Physical defect
11. Illness
12. Analogous Circumstances
Par. 1. Incomplete Justifying or Exempting
Circumstances
The circumstances of justification or exemption which may give
place to mitigation, because not all the requisites necessary to
justify the act or to exempt from criminal liability in the respective
cases are attendant, are the following:
1. Self-defense (Art. 11, par. 1)
2. Defense of relatives (Art. 11, par. 2)
3. Defense of strangers (Art. 11, par. 3)
4. State of necessity (Art. 11, par. 4)
5. Performance of duty (Art. 11, par. 5)
6. Obedience to the order of superiors (Art. 11, par. 6)
7. Minority over 15 years of age but below 18 years of age (Art. 12,
par. 3)
8. Causing injury by mere accident (Art. 12, par.4)
9. Uncontrollable fear (Art. 12 par. 6)
Par. 2. Under 18 or Over 70 Years of Age
1. An offender fifteen or over but under 18 years of age who
acted with discernment.
2. An offender over 70 years old
Par. 3. No intention to commit so grave a wrong
There must be a notable disproportion between the means employed
by the offender and the resulting harm.
Par. 4. Sufficient Provocation or Threat
Elements:
1. That the provocation must be sufficient
2. That it must originate from the offended party
3. That the provocation must be immediate to the act, i.e., to the
commission of the crime by the person who is provoked.
Par. 5. Immediate Vindication of a Grave Offense
Elements:
1. That there be a grave offense done to the one committing the
felony, his spouse, ascendants, descendants, legitimate,
natural or adopted brothers or sisters, or relatives by affinity
within the same degree.
2. That the felony is committed in vindication of such grave
offense. A lapse of time is allowed between the vindication
and the doing of the grave offense.
Par. 6. Passion or obfuscation (Arrebato y Obcecacion)
Requisites:
1. That there be an act, both unlawful and sufficient to produce
such condition of mind
2. That said act which produced the obfuscation was not far
removed from the commission of the crime by a considerable
length of time, during which the perpetrator might recover his
normal equanimity.
Par. 7. Voluntary Surrender and Confession of Guilt
VOLUNTARY SURRENDER
Requisites:
1. That the offender had not been actually arrested
2. That the offender surrendered himself to a person in authority
or to the latter’s agent
3. That the surrender was voluntary.
PLEA OF GUILT
Requisites:
1. That the offender spontaneously confessed his guilt.
2. That the confession of guilt was made in open court, that is,
before the competent court that is to try the case
3. That the confession of guilt was made prior to the presentation
of evidence for the prosecution.
Par. 8. Deaf, Dumb, Blind or other Physical Defects
 The physical defect must restrict the offender’s means of
action, defense, or communication with fellow beings.
 The restriction, must however, relate to the mode of
committing the crime.
 There is diminution of the element of voluntariness
(freedom).
Par. 9. Illness
Elements:
1. That the illness of the offender must diminish the exercise of his
will-power
2. That such illness should not deprive the offender of
consciousness of his acts.
Par. 10. Analogous Mitigating Circumstances
Any other circumstance of similar nature and analogous to the nine
mitigating circumstances enumerated in art. 513 may be mitigating.
1. The act of the offender of leading the law enforcers to the place
where he buried the instrument of the crime has been
considered as equivalent to voluntary surrender.
2. Stealing by a person who is driven to do so out of extreme
poverty is considered as analogous to incomplete state of
necessity.
3. Over 60 years old with failing sight, similar to over 70 years of
age mentioned in par. 2.
4. Voluntary restitution of stolen goods similar to voluntary
surrender.
5. Impulse of jealous feelings, similar to passion and obfuscation.
6. Extreme poverty and necessity, similar to incomplete
justification based on state of necessity.
Testifying for the prosecution, without previous discharge, analogous
to a plea of guilty.
AGGRAVATING CIRCUMSTANCES
21 Aggravating Circumstances under Art. 14:
1. Taking Advantage of Public Office
2. In Contempt of or With Insult to Public Authorities
3. With Insult or Lack of Regard Due to Offended Party by Reason
of Rank, Age or Sex
4. Abuse Of Confidence And Obvious Ungratefulness
5. Crime In Palace Or In Presence Of The Chief Executive
6. Nighttime; Uninhabited Place; With A Band
7. On Occasion Of A Calamity
8. Aid Of Armed Men Or Means To Ensure Impunity
9. Recidivism
10. Reiteration or Habituality
11. Price, Reward Or Promise
12. Inundation, Fire, Poison
13. Evident Premeditation
14. Craft, Fraud Or Disguise
15. Superior Strength Or Means To Weaken Defense
16. Treachery
17. Ignominy
18. Unlawful Entry
19. Breaking Wall, Floor, Roof
20. With Aid Of Persons Under 15 By Motor Vehicle
21. Cruelty
Par. 1.That advantage be taken by the offender of his public position.
Par. 2. That the crime be committed in contempt of or with insult to
the public authorities
Requisites:
1. That the public authority is engaged in the exercise of his
functions.
2. That he who is thus engaged in the exercise of his functions is
not the person against whom the crime is committed.
3. The offender knows him to be a public authority.
4. His presence has not prevented the offender from committing
the criminal act.
Par. 3. That the act be committed (1) with insult or in disregard of the
respect due the offended party on account of his (a) rank, (b) age, or
(c) sex, or (2) that is be committed in the dwelling of the offended
party, if the latter has not given provocation.
Par. 4.That the act be committed with abuse of confidence or obvious
ungratefulness
1. That the offended party had trusted the offender;
2. That the offender abused such trust by committing a crime
against the offended party;
3. That the act be committed with obvious ungratefulness.
Par. 5. That the crime be committed in the palace of the Chief
Executive or in his presence, or where public authorities are
engaged in the discharge of their duties, or in a place dedicated to
religious worship.
Par. 6. That the crime be committed in the
1. night time, or
2. in an uninhabited place, or
3. by a band,
whenever such circumstances may facilitate the commission of
the offense.
Requisites:
1. When it facilitated the commission of the crime; or
2. When especially sought for by the offender to insure the
commission of the crime or for the purpose of impunity; or
3. When the offender took advantage thereof for the purpose of
impunity.
Par. 7. That the crime be committed on the occasion of a
conflagration, shipwreck, earthquake, epidemic or other calamity or
misfortune.
Par. 8. That the crime be committed with the aid of armed men, or
persons who insure or afford impunity
Requisites:
1. That the armed men or persons took indirectly part in the
commission of the crime,
2. That the accused availed himself of their aid or relied upon
them when the crime was committed.
Par. 9. That the accused is a recidivist (reincidencia)
Requisites:
1. That the offender is on trial for an offense;
2. That he was previously convicted by final judgment of another
crime;
3. That both the first and the second offenses are embraced in the
same title of the Code;
4. That the offender is convicted of the new offense.
Par. 10. That the offender has been previously punished by an offense
to which the law attaches an equal or greater penalty or for two or
more crimes to which it attaches a lighter penalty
Requisites:
1. That the accused is on trial for an offense
2. That he previously served sentence for another offense to which
the law attaches:
an equal or
greater penalty, or
for 2 or more crimes to which it attaches lighter penalty than
that for the new offense
3. That he is convicted of the new offense.
Par. 11. That the crime be committed in consideration of a price,
reward, or promise
Par. 12. That the crime be committed by means of inundation, fire,
poison, explosion, stranding of a vessel or international damage
thereto, derailment of a locomotive, or by the use of any other artifice
involving great waste and ruin
Par. 13. That the act be committed with evident premeditation

Requisites:
1. The time when the offender determined to commit the crime;
2. An act manifestly indicating that the culprit has clung to his
determination; and
3. A sufficient lapse of time between the determination and
execution, to allow him to reflect upon the consequences of his
act and to allow is conscience to overcome the resolution of his
will.

Par. 14. That craft (astucia), fraud (fraude) or disguise (disfraz) be

employed

Par. 15. That advantage be taken of superior strength, or means be

employed to weaken the defense

Par. 16. That the act be committed with treachery (alevosia)

Treachery – when the offender commits any of the crimes against the
person, employing means, methods, or forms in the execution
thereof which tend directly and specially to insure its execution,
without risk to himself arising from the defense which the offended
party might make.

Requisites:
1. The employment of means of execution that gave the person
attacked no opportunity to defend himself or retaliate; and
2. That the offender consciously adopted the particular means,
method or form of attack employed by him.

Par. 17. That means be employed or circumstances brought about

which add ignominy to the natural effects of the act.

Par. 18.That the crime be committed after an unlawful entry.

Par. 19. That as a means to the commission of the crime, a wall, roof,
floor, door or window be broken

Par. 20. That the crime be committed with the aid of persons under
fifteen years of age or by means of motor vehicles, motorized
watercraft, airships, or other similar means

Par. 21. That the wrong done in the commission of the crime be
deliberately augmented by causing other wrong not necessary for its
commission

Requisites:
1. That the injury caused be deliberately increased by causing
other wrong;
2. That the other wrong be unnecessary for the execution of the
purpose of the offender.