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JUSTIFYING CIRCUMSTANCES

Requisites:

Self- Defense of Defense of Avoidance Fulfillment Obedience

Defense relatives others of evil or of duty to an order
injury

1. unlawful 1. unlawful 1. unlawful 1. evil 1. the 1. an order

aggression aggression aggression sought to be accused has been
avoided acted in the issued by a
actually perform of a superior
exists duty or in the
lawful
exercise of a
right or office

2. 2. 2. 2. injury 2. that the 2. such order

reasonable reasonable reasonable feared be injury caused must be for
necessity of necessity of necessity of greater that or the some lawful
the means the means the means that done to offense purpose
employed to employed to employed to avoid it committed
prevent or prevent or prevent or be the
repel it repel it repel it necessary
consequence
of the due
perf of duty
or the lawful
exercise of
such right or
office

3. Lack of 3. in case 3. the 3. there be 3. the means

sufficient the person no other used by the
provocation provocation defending be practical & subordinate
on the part was given by not induced less harmful to carry out
of the person the person by revenge, means of said order is
defending attacked, the resentment, preventing it lawful
himself one making or other evil
a defense motive
had no part
therein

 Sufficient provocation – it shld be proportionate to the act of aggression & adequate to stir
the aggressor to its commission

 Unlawful aggression – is equivalent to assault or at least threatened assault of an

immediate & imminent kind
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Basis & Elements of Exempting Circumstances

Exempting Circumstance Basis Elements

1. imbecile or insane Without

intelligence

2. person under 9 yrs. Without

intelligence
(under 15 – RA 9344)

3. over 9 – under 15, unless Without

acted w/ discernment intelligence
(over 15 – under 18 – RA
9344)

4. causes an injury by mere Without intent 1. performing lawful act

accident w/o fault or
2. w/ due care
intention
3. causes an injury by mere
accident
4. w/o fault or intention of causing it

5. irresistible force Without freedom 1. compulsion is by means of

physical force
2. physical force must be
irresistible
3. physical force must come from
3rd person

6. impulse of uncontrollable Without freedom 1. the threat w/c causes the fear
fear of an equal or greater is of an evil greater than or at
injury least equal to that w/c he is
reqd to commit
2. it promises an evil of such
gravity & imminence that the
ordinary man would have
succumbed to it

7. fails to perf. An act reqd by Without intent 1. An act is reqd by law to be

law, when prevented by done
some lawful or insuperable
2. a person fails to perform such
cause
act
3. his failure to perform such act
was due to some lawful or
insuperable cause
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Basis & Requisites of Mitigating Circumstances

Mitigating Circumstance Basis Requisites

1. preceding chapter 1. when all requisites necessary

to justify or exempt an act are not
attendant

2. under 18 or over 70 Diminution of

intelligence

3. no intention to commit so Intent is

grave a wrong as that diminished
committed

4. sufficient provocation or 1. provocation must be sufficient

threat on the part of the
2. must originate for the offended
offended party immediately
party
preceded the act
3. immediate to the act

5. immediate vindication of a Diminution of the 1. there be a grave offense done

grave offense to the one conditions of to the one committing the
committing the felony, his voluntariness felony
relatives
2. felony is committed in
vindication of such grave
offense

6. impulse so powerful as Diminution of his 1. there be an act, both

naturally to have produced intelligence & unlawfully & suff. To produce
passion or obfuscation intent such a condition of mind
2. said act w/c produce the
obfuscation was not far
removed from the commission
of the crime by a considerable
length of time
3. the cause producing
passion or obfuscation must
come from the offended party

7. voluntarily surrendered to Acknowledges his 1. offender had not been

personin authority or his guilt & wishes to actually arrested
agents, or voluntarily save the trouble &
2. offender surrendered himself
confessed his guilt expenses
to a person in authority or
necessarily
his agent
incurred in his
search & capture 3. surrender was voluntary

Lesser perversity 1. offender spontaneously

of the offender confessed his guilt
2. confession was made in open
court
3. confession of guilt was made
prior to the presentation of
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evidence

8. deaf & dumb, blind, or No complete

suffering from physical defect freedom of action
therefore
diminution of
voluntariness

9. illness as would diminish the Diminution of 1. illness of the offender must

exercise of will power intent & diminish the exercise of his will
intelligence power
2. such illness shld not deprive
the offender of consciousness
of his acts

10. similar circumstances &

analogous to above

 provocation – any unjust or improper conduct or act of the offended party,

capable of exciting, inciting or irritating anyone

Basis & Requisites of Aggravating Circumstances

Basis: Greater perversity

Aggravating Circumstance Basis Requisites

1. taking advantage of his By personal

public position circumstance;
means used to
secure the
commission

2. contempt or insult to Lack of respect 1. the public authority is engage in the

public authorities for public exercise of his functions
authorities
2. he who is engaged in the exercise
of said function is not the person
against whom the crime is
committed
3. offender knows him to be a public
authority
4. his presence has not prevented the
offender from committing the
criminal act

3. insult of in disregard of the Personal

respect on acct of his circumstance
rank, age or sex

or committed in the dwelling

Place of
of the offended party
commission
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4. abuse of confidence or Means & ways
obvious ungratefulness employed

5. committed in the palace of Place of

the Chief Executive, or in commission w/c
his presence, or where must be
public authorities are respected
engaged in the discharged
of their duties or in a place
of religious worship

6. nighttime Time of
commission

Place of
uninhabited place
commission

Means & ways

by a band employed

7. on occasion of a Time of the

conflagration, shipwreck, commission of
earthquake, epidemic, or the crime
other calamity or
misfortune

8. aid of armed men Means of 1. armed men or persons took part in

committing the commission, directly or
indirectly (2 or more)
2. accused availed himself of their aid
or relied upon them when the crime
was committed

9. recidivism Inclination to 1. offender is on trial for defense

crimes
2. he was previously convicted by
final judgment of another crime
3. both 1st & 2nd offenses are
embraced in the same title of the
Code
4. offender is convicted of the new
offense

10. previously punished Inclination to 1. accused in on trial for an

(reiteracion) crimes offense
2. he previously served sentence
for another offense to w/c the
law attaches an equal or
greater penalty, or for 2 or
more crimes to w/c it attaches
lighter penalty than for the new
offense
3. he is convicted of the new
offense

11. in consideration of a prive, Motivating power

reward or promise itself
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12. by means of inundation, Means & ways
fire, poison, stranding of a employed
vessel, derailment of
locomotive, or by use of
artifice involving great
waste or ruin

13. evident premeditation Ways of 1. time when the offender determined

committing crime to commit the crime
– deliberate
2. an act manifestly indicating that the
planning of the
culprit has clung to his
act before
determination
executing
3. a sufficient lapse of time between
the determination & execution to
allow him to reflect upon the
consequences of his act

14. craft, fraud, or disguise be Means employed

employed

15. taking advantage of

superior strength

16. treachery 1. that at the time of the attack, the

victim not in a position to defend
himself
2. offender consciously adopted the
particular means, method or form of
attack employed by him

17. add ignominy Means employed

18. unlawful entry Means & ways

employed

19. wall, roof, floor, door, or Means & ways

window be broken employed

20. w/ aid of person under 15 Means & ways

employed

or by means of motor vehicle,

motorize watercraft, airships
or other similar means

21. cruelty Ways employed 1. the injury caused be deliberately

increased by causing other wrong
2. the other wrong be unnecessary for
the execution of the purpose of the
offender