A

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 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
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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
(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
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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 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