This document outlines justifying and exempting circumstances in criminal law. It provides 8 circumstances that may justify or exempt a criminal act, such as self-defense or acting under an irresistible force. For each circumstance, it explains the basis in terms of intent, intelligence, or freedom and lists the necessary elements that must be present. The document also discusses 7 mitigating circumstances that may reduce criminal liability if the act was not fully justified but was committed under certain conditions, like sufficient provocation or impaired judgment due to age.
This document outlines justifying and exempting circumstances in criminal law. It provides 8 circumstances that may justify or exempt a criminal act, such as self-defense or acting under an irresistible force. For each circumstance, it explains the basis in terms of intent, intelligence, or freedom and lists the necessary elements that must be present. The document also discusses 7 mitigating circumstances that may reduce criminal liability if the act was not fully justified but was committed under certain conditions, like sufficient provocation or impaired judgment due to age.
This document outlines justifying and exempting circumstances in criminal law. It provides 8 circumstances that may justify or exempt a criminal act, such as self-defense or acting under an irresistible force. For each circumstance, it explains the basis in terms of intent, intelligence, or freedom and lists the necessary elements that must be present. The document also discusses 7 mitigating circumstances that may reduce criminal liability if the act was not fully justified but was committed under certain conditions, like sufficient provocation or impaired judgment due to age.
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 perf. 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 must be for necessity of necessity of necessity of greater that caused or some lawful the means the means the means that done to the 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 consequenc e 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 B Basis & Elements of Exempting Circumstances
Exempting Circumstance Basis Elements
1. imbecile or insane Without intelligence 2. person under 9 yrs. Without (under 15 – RA 9344) intelligence 3. over 9 – under 15, Without unless acted w/ intelligence discernment (over 15 – under 18 – RA 9344) 4. causes an injury by Without intent 1. performing lawful act mere 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 Without freedom 1. the threat w/c causes the fear is uncontrollable fear of an of an evil greater than or at equal or greater 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 Without intent 1. An act is reqd by law to be by 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 C
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 diminished grave a wrong as that committed 4. sufficient provocation or 1. provocation must be threat on the part of the sufficient offended party immediately 2. must originate for the preceded the act offended party 3. immediate to the act 5. immediate vindication of a Diminution of the 1. there be a grave offense grave offense to the one conditions of done 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 & intent unlawfully & suff. To produce passion or obfuscation 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 his necessarily agent incurred in his 3. surrender was voluntary search & capture 1. offender spontaneously Lesser perversity confessed his guilt of the offender 2. confession was made in open court 3. confession of guilt was made prior to the presentation of evidence 8. deaf & dumb, blind, or No complete suffering from physical defect freedom of action therefore diminution of voluntariness 9. illness as would diminish Diminution of intent 1. illness of the offender must the exercise of will power & intelligence diminish the exercise of his will power 2. such illness shld not deprive the offender of consciousness of his acts 10. similar circumstances & D 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 public authorities for public the 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 Personal the respect on acct of his circumstance rank, age or sex
or committed in the dwelling of Place of
the offended party commission 4. abuse of confidence or Means & ways obvious ungratefulness employed 5. committed in the Place of palace of the Chief commission w/c Executive, or in his must be presence, or where public respected authorities are engaged in the discharged of their duties or in a place of religious worship 6. nighttime Time of commission
uninhabited place Place of
commission
by a band Means & ways
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 committing in 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 E st nd 3. both 1 & 2 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 Motivating power prive, reward or promise itself 12. by means of Means & ways inundation, fire, poison, employed stranding of a vessel, derailment of locomotive, or by use of artifice involving great waste or ruin 13. evident premeditation Ways of 1. time when the offender committing crime determined to commit the crime – deliberate 2. an act manifestly indicating that planning of the 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 Means employed be 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, Means & ways or window be broken employed 20. w/ aid of person under Means & ways 15 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