CRIMINAL LAW I MIDTERM REVIEWER

DEFINITIONS
Abberatio Ictus mistake in blow.
What is the legal effect of aberratio ictus?
a. may result in complex crime or two felonies
b. if complex, apply Art. 48 - penalty for the more or most serious crime in its maximum period.
Absolutory Causes - where the act committed is a crime but for some reason of public policy and sentiment, there is no penalty imposed. Exempting
and justifying circumstances are absolutory causes.
Accomplices - Persons who do not act as principals but cooperate in the execution of the offense by previous and simultaneous acts, which are not
indispensable to the commission of the crime. They act as mere instruments that perform acts not essential to the perpetration of the offense.
Act an overt or external act. Any bodily movement tending to produce some effect in the external world.
Actus Me Invito Factus Non Est Meus Actus Any act done by me against my will is not my act.
Agent - subordinate public officer charged w/ the maintenance of public order and protection and security of life and property.
Aggravating Circumstances - Those which, if attendant in the commission of the crime, serve to have the penalty imposed in its maximum period
provided by law for the offense or those that change the nature of the crime.

Generic - those which apply to all crimes.

Specific - those which apply only to specific crimes.
Qualifying - those that change the nature of the crime.
Inherent - which of necessity accompany the commission of the crime, therefore not considered in increasing the penalty to be imposed.
Special - those which arise under special conditions to increase the penalty of the offense and cannot be offset by mitigating circumstances.

Alternative Circumstances Those which must be taken into consideration aggravating or mitigating according to the nature and effects of the crime
and
the
other
conditions
attending
its
commission.
Amnesty is an act of the sovereign power granting oblivion or general pardon. It wipes all traces and vestiges of the crime but does not extinguish civil
liability.
Astucia
(Craft)
involved
on
the
part
of
the
aid
in
the
execution
scheme in the execution of the crime.
Bill
without trial.

Of

the
accused.
of
his

Attainder

use
A

of
chicanery
criminal

legislative

intellectual
resorted
to
design.
It
act

trickery
by
is

which

or
the
employed

accused
as

inflicts

cunning
to
a

punishment

Characteristics of Criminal Law

1. General
2. Territorial
3. Prospective
Circumstances That Affect Criminal Liability
1. Justifying circumstances
2. Exempting circumstances
3. Mitigating circumstances
4. Aggravating circumstances
5. Alternative circumstances
Commutation change in the decision of the court by the chief regarding the degree of the penalty by decreasing the length of the imprisonment or
fine.
Consummated Felonies - when all the elements necessary for its execution and accomplishment are present.
Continued
Crime
acts
but
all
a
series
of
penalty shall be imposed.

refers
to
a
arising
from
acts,
there
is

single
one
only

crime
criminal
one

consisting
of
a
resolution.
Although
crime
committed,
so

series
there
only

of
is
one

Crime acts and omissions punishable by any law.

Criminal
law A
branch
of their nature and provides for their punishment.

of

municipal

The Following are not subject to the operation of Philippine Criminal Law
1. Sovereigns and other heads of state
2. Charges d'affaires
3. Ambassadors
4. Ministers plenipotentiary
5. Ministers resident

law

which

defines

crimes,

treats

Cruelty
there
is
cruelty
making
his
victim
suffer
physical pain in the consummation of the criminal act.

when

the
slowly

Degree
one
whole
penalty,
one
penalties enumerated in the graduated scales provided for in Art. 71

culprit

enjoys
gradually,

penalty

or

and
entire

and
causing
one

delights
in
unnecessary

unit

of

the

Despoblado (Uninhabited Place) one where there are no houses at all, a place at a considerable distance from town, where the houses are scattered
at a great distance from each other.
Discernment mental
capacity
to
the unlawful act, which is shown by the manner the crime was
Committed and conduct of the offender after its commission.

fully

appreciate

he

consequences

of

Disfraz (Disguise) resorting to any device to conceal identity.

Duress - use of violence or physical force.
Dwelling must
be
a
and
comfort
(combination
temporary
as
in
the
includes
dependencies,
the
under the house.

of
case

building
or
structure
exclusively
used
for
rest
house
and
store
not
included),
may
be
of
guests
in
a
house
or
bedspacers.
It
foot
of
the
staircase
and
the
enclosure

El que es causa de la causa es causa del mal causado - Spanish maxim which means: "He who is the cause of the cause is the cause of the evil
caused.
En Cuadrilla (Band) whenever there are more than 3 armed malefactors that shall have acted together in the commission of an offense.
Entrapment - ways and means are resorted to for the purpose of trapping and capturing the lawbreaker in the execution of his criminal plan.
Error in personae mistake in identity.
What is the legal effect of error in personae?
a. if same crime results, liable for the same crime
b. if different crime results, apply Art. 49 - penalty for lesser crime in its maximum period
Exempting
Circumstances grounds
for
exemption
because there is wanting in the agent of the crime any of the conditions which make the act voluntary or negligent.
Ex
Post
Facto
Law cannot
be
made
inhibition as to ex post facto laws.

An

act
by

so

which
statute

from

when
committed
was
without
violating

punishment

not
the

crime,
constitutional

Felonies acts and omissions punishable by the Revised Penal Code.

Fence
is
receives
stolen
a
principal
Law.

a
in

person
property
the

who
as
crime

commits
abovedefined

the
act
provided
in
and

of
is

fencing.

not
punished

Fencing
is
an
act,
with
intent
to
gain,
of
buying,
possessing,
keeping,
or
in
any
other
manner
dealing
value which a person knows or should have known to be derived from the proceeds of the crime of robbery or theft.
Fraud
(fraude)
victim
to
act
out his design.
Good
conduct
sentence for good behavior.

in

insidious
a

allowance

words
manner

or
which

during

confinement

Habitual
Delinquency
or
Multi-recidivism
period
of
ten
years
from
the
date
of
the
crimes
of
serious
or
theft,
estafa
or
falsification,
is
found
third
time
or
oftener.
This
circumstance.

machinations
would
enable
Deduction
Where
of

his
less
serious
guilty
of
is
an

used
the

to

the

fence
who
accessory
but
the
Anti-Fencing

in

selling,
receiving,
anything
of

to
offender

for

induce
to

the

term

the
carry
of

a
person
within
a
release
or
last
conviction
physical
injuries,
robbery,
the
said
crimes
a
extraordinary
aggravating

Habitual
Delinquent A
person
who,
within
a
period
from
the
date
of
his
release
or
last
conviction
of
serious
or
less
serious
physical
injuries,
robbery,
or
falsification,
is
found
guilty
of
any
said
crimes
a
oftener.
Ignominy
is
a
circumstance
pertaining
adds disgrace and obloquy to the material injury caused by the crime.

an
by

moral

of
the

ten
crimes

theft,
third
order,

time

years
of
estafa,
or
which

Imbecile - one while advanced in age has a mental development comparable to that of children between 2 and 7 years old. He is exempt in all cases
from criminal liability.
Insane one
or
without
the
of
will.
Mere
imputability.

who

acts
with
least
discernment
abnormality
of

Instigation Instigator
practically
the commission of the offense and himself becomes a co-principal.

complete
with
mental

or
the
induces

deprivation
total
faculties

the

Insuperable
Clause some
motive,
physically prevented a person to do what the law commands.

which

Irresistible
Force offender
compel another person to commit a crime.

violence

uses

of
deprivation
will

intelligence/reason
of
freedom
not
exclude

would-be
has

accused

lawfully,

or

physical

into

morally

or

force

to

Justifying Circumstances - where the act of a person is in accordance with law such that said person is deemed not to have violated the law.
Mala In Se - acts or omissions that are inherently evil.
Mala Prohibita - acts made evil because there is a law prohibiting it.
Misdemeanor - a minor infraction of law.
Mistake
of
Fact misapprehension
who caused injury to another. He is not criminally liable.
Mitigating
Circumstances those
of
the
crime
reduces
the
criminal liability nor change the nature of the crime.
Motive - it
definite result.

is

the

moving

of

fact

which
penalty
power

on
if

of

which

the

the

part

present
crime

in
but

impels

one

of

the

the
does

to

not

action

person
commission
erase
for

Nullum Crimen, Nulla Poena Sine Lege There is no crime when there is no law punishing it.
Obscuridad (Night time) that period of darkness beginning at the end of dusk and ending at dawn.
Offense - a crime punished under special law.
Omission failure to perform a duty required by law.
Pardon an act of grace proceeding from the power entrusted with the execution of laws, which exempts the individual from the punishment the law
inflicts for the crime.
Parole
consists
in
the
suspension
of
the
sentence
of
a
convict
after
serving the minimum term of the indeterminate penalty, without granting pardon, prescribing the terms upon which the sentence shall be suspended. In
case his parole conditions are not observed, a convict may be returned to the custody and continue to serve his sentence without deducting the time that
elapsed.
Penalty
of a law.

suffering

inflicted

by

the

Period
one
of
3
equal
portions,
A
period
of
a
divisible
penalty
when
penalty for a felony, is in itself a degree.
Person
vested
the laws.

In
with

Authority jurisdiction

public
and

has

authority,
the

State

for

min/med/max
prescribed
or
power

the

of
by

a
the

person
to

transgression
divisible
Code

who
govern

as

is
and

penalty.
a
directly
execute

Plurality Of Crimes consists in the successive execution by the same individual of different criminal acts upon any of which no
conviction has yet been declared.
Praetor Intentionem - lack of intent to commit so grave a wrong.
What is the legal effect of praeter intentionem?
- a mitigating circumstance (Art. 13, par. 3)
Prescription
Of
A
Crime
is
state to prosecute the offender after the lapse of a certain time.
Prescription
government
certain time.

Of
to

Penalty execute

the

means
the

loss/forfeiture
the

final

loss/forfeiture
sentence
after

of

the
of
the

right

of

the

the
lapse

right
of

of
a

Probation a
disposition
under
sentence
is
released
subject
to
the supervision of a probation officer.

which
conditions

Pro
Reo - whenever
law
admits
of
strict
to
the
to the offender will be adopted.

is

be
lenient

penal
law
two
interpretations,
offender,
that

to
one
interpretation

Proximate
Cause the
cause,
sequence
unbroken
by
any
injury, without which the result would not have occurred.

which
efficient

defendant
imposed
by

in

after
the

conviction
court
and

construed
or
applied
to
the
offender
which
is
lenient
or

the
intervening

natural
cause,

and
and

and
produces

and
to
the
one
favorable

continuous
the

Quasi-Recidivism Where a person commits felony before beginning to serve or while serving sentence on a previous conviction for a
felony. This is a special aggravating circumstance.
RA
75 - This
law
penalizes
acts
which
would
impair
the
proper
observance by the Republic and its inhabitants of the immunities, rights, and privileges of duly-accredited foreign diplomatic representatives in the
Philippines.
Rank The
relative
position
(There
must
and the offended party).

designation
of
be
a

or
the
difference

Recidivism
Where
a
two
offenses
embraced
generic aggravating circumstance.
Recidivist
one
who
have
been
previously
embraced in the same title of the RPC.

in
at

person,
the
the
convicted

Reiteracion
or
Habituality
punished
for
an
offense
to
penalty
or
for
two
crimes
This is a generic aggravating circumstance.

title
offended
in

of
party
the

on
same

separate
title

time

of

in

his

by
Where
which
to

distinction
in
social

law

occasions,
the
trial
judgment

final
the
the
which

used
to
reference
condition
of
is
RPC.
for

the
others
offender

convicted
This
is
one

of

offender
has
attaches
an
it
attaches

fix
to
the

crime,
another

been
equal
or
a
lighter

of
a
shall
crime

previously
greater
penalty.

Requisites of Dolo or Malice

1. Freedom
2. Intelligence
3. Intent
Requisites of Culpa
1. Freedom
2. Intelligence
3. Negligence, Imprudence, Lack of Foresight, Lack of Skill
Negligence - it indicates a deficiency of perception; failure to pay proper attention and to use diligence in foreseeing the injury or damage impending to
be
caused;
usually
involves
lack
of
foresight.
Imprudence - it indicates a deficiency of action; failure to take the necessary precaution to avoid injury to person or damage to property;
Rules on jurisdiction over private or merchant vessels while in the territory of another country
1. French Rule
2. English Rule
Stand
to
deadly

Ground
retreat

When
when

in
his

The
assailant

Right is

the
rapidly

law

does
advancing

not
upon

require
him

a
with

person
a
weapon.

Stages In The Execution Of A Crime

1.
2.
3.

Attempted Stage - a stage in the execution of a crime where the offender commences commission of a felony directly by over acts, and does
NOT perform all acts of execution which should produce the felony by reason of some cause or accident other his spontaneous desistance.
Frustrated Stage - a stage in the execution of a crime where the offender performs all the acts of execution which would produce the felony
as a consequence but which, nevertheless, do not produce it due to some cause independent of the will of the perpetrator.
Consummated Stage - a stage in the execution of a crime where all the elements necessary for its execution and accomplishment are
present.

Treachery
when
the
offender
commits
person,
employing
means,
methods
or
which
tend
directly
and
specially
risk
to
himself
arising
from
the
might make.
Uncontrollable
Fear compelling another to commit a crime.

offender

employs

any
forms
to
defense

of

the
in
insure
which

intimidation

crimes
the
its
the
or

against
execution
execution
offended
threat

the
thereof
without
party
in

Unlawful
Entry for the purpose.
Youthful
of the offense.

when

offender

an

over

entrance
9

but

is
under

effected
18

by
at

a
time

way
of

not
the

intended
commission

CRIMINAL LAW
Criminal
law A
branch
of their nature and provides for their punishment.

of

municipal

law

which

defines

crimes,

treats

Crime acts and omissions punishable by any law.

Felonies acts and omissions punishable by the Revised Penal Code.
Offense- an act or omission violative of a special law
Misdemeanor- minor infraction of law

Sources
a. Revised Penal Code
b. Special Penal Laws
c. Penal Presidential Decrees
No common law crimes in the PH- court decisions are not sources of law, merely explains the meaning of and apply the law
Limitations

Ex post facto- An act which when committed was not a crime, cannot be made so by statute without violating the constitutional inhibition as to
ex post facto laws.

Without due process

Bill
of
AttainderA
legislative
act
which
inflicts
punishment
without trial.
To give a law retroactive application to the prejudice of the accused is to make it an ex post facto law
Characteristics of Criminal Law

General - persons who live in PH territory

o
Exceptions:

Treaties and stipulations

Law of Preferential Application- Subject to the principles of public international aw

Territorial- committed within PH territory

o
French Rule (Flag or Nationality)
o
English Rule (Territoriality of Site of Crime)
*Extraterritoriality

Prospective
Kinds of Repeal

Absolute or Total

Partial or Relative
PRELIMINARY TITLE
ARTICLE 1: DATE OF EFFECTIVENESS

January 1 1932

Theories in Criminal Law

Classical- human free will and retribution

Positivist- strange and morbid phenomenon and reformation

Mixed Theory- combination

ARTICLE 2: APPLICATION OF ITS PROVISIONS

Extraterritoriality (RPC applicable even outside PH)

Exterritoriality (immunity of certain persons, ambassadors, ministers)
Intraterritoriality (Within PH territory)
ARTICLE 3: FELONIES

Elements of Felonies (General)

1. An Act or Omission, external
a. Act- bodily movement producing some effect
b. Omission- fails to do the required act
2. Punishable by RPC
3. Performed by means of dolo or deceit

COMMISSION
Requisites of DOLO or MALICE (FII)
1. Freedom
a. Voluntary
b. lack of freedom exempt
2. Intelligence
a. Capacity to know or understand
b. Lack of intelligenceexempt (imbecile, minor)
3. Intent
a. Purpose to use a particular means to effect such result
b. Overt acts
c. Lack of Intent justified (existence of lawful or insuperable cause, commission by mere accident)
Criminal Intent Necessary

Actus non facit reum nisi mens sit rea- the act itself does not make a man guilty unless his intentions were so

Actus me invito factis non est meu- the act done against my will is not my act
REQUISITES OF CULPA (FIN)
1. Freedom
2. Intelligence
3. Negligence (deficiency in perception), Imprudence (deficiency in action), Lack of Skill, Lack of Foresight
Mistake of Fact (ignoratia faacti excusat)- must be honest, misapprehension of fact, destroys the assumption of criminal intent, not applicable to culpa
felonies
Requisites (AIM)
o
Lawful act
o
Lawful intent
o
Mistake without fault or carelessness
NATURE
MALA IN SE
Wrong from very nature
Good faith valid defense
Intent as element
Degree of accomplishment
Mitigating and Aggravating Apply
Penalty: principal, accomplice,
accessory
RPC
Three stages
Three persons liable
Degrees and Period of Penalty
INTENT
Purpose to use a particular
means to effect such result
Element of crime
Essential in intentional

MALA PROHIBITA
Wring because prohibited by law
Good faith immaterial
Intent immaterial
Consummation
Not, unless provided
Same penalty for accomplice and
accessory
Special Laws
No stage
Principal
No division

MOTIVE
Reason or moving power which
impels one to commit such act
Not an element
Essential when Identity in doubt

ARTICLE 4: CRIMINAL LIABILITY

WRONGFUL ACT DONE DIFFERENT FROM WHAT WAS INTENDED
El que es causa dela causa es del mal causa- he who is the cause of the cause is the cause of the evil caused
Requisites:
1. Intentional Felony Committed
2. Direct, Natural and Logical Consequence (wrong done)

Proximate Cause: natural and continuous sequence, unbroken

Still Criminally Liable

Error Personae (Mistake in Identity)

: Art 49 penalty for lesser crime in its maximum period

Aberratio Ictus (Mistake of Blow)

: Art 48 complex crimes, penalty for graver offense in its maximum period

Praeter Intentionem (Injurious result)

: Art 13: Mitigating
Death Presumed to be the Natural Consequence of Physical Injuries: NER

Normal Health

Expected

Reasonable Time

Felony committed NOT the proximate cause

Active force between felony and injury

Injury is due to intentional act

Criminal Liability if: disease closely related to wound, mortal wound
Efficient Intervening Cause: cause which interrupted the natural flow
IMPOSSIBLE CRIME
The impossibility of accomplishing criminal intent is not merely defense but an act penalized by itself
Requisites (PEIN): Act be:
1. Person and Property
2. Evil Intent
3. Inherent Impossibility or ineffectual or inadequate means
4. Not violative by other provision of RPC
Inadequate: insufficient (kulang)
Ineffectual: did not produce expected result (supot)
Inherent Impossibility of its accomplishment

Legal (intended acts even if completed is not a crime)

Physical (extraneous circumstance prevent the consummation)

Purpose: suppress criminal propensity

Should not be committed

No attempted or frustrated

Arresto mayor or 200-500

ARTICLE 5: DUTY OF THE COURT
1.

2.

Acts which should be repressed but which are not covered by law
a. Not punishable
b. Deem necessary
c. Proper decision
d. Report to SoJ penal legislation
Excessive Penalties (not applicable to special laws)
a. Accused Guilty
b. Excessive Penalty
i. Lesser degree of malice
ii. No injury/ injury of lesser gravity
c. Not suspend execution
d. Submit statement to SoJ recommending penalty

ARTICLE 6: CONSUMMATED FRUSTRATED AND ATTEMTED

FELONIES
Formal Crimes- single act consummates the offence (physical injuries, acts of lasciviousness, attempted flight to an enemy country, coercion,
slander, illegal exaction)
Material Crimes- three stages of execution
1. Attempted

Commences the commission of the crime

Does not perform the all the acts of execution

Because of a cause or accident other than the offenders own personal desistance
2. Frustrated

Performs all the acts of execution

Acts would produce felony as consequence

Belief of accused immaterial

Felony not produced

By reason of causes independent of the will of the perpetrator

CRIMES WHICH DO NOT ADMIT OF FRUSTRATION:

Rape
Indirect bribery
Direct Bribery
Corruption of Public Officers
Adultery
Physical Injury
Theft (unlawful taking consummates the offense and the disposition of a thing is not an element thereof)
3. Consummated

All elements necessary in for its execution and accomplishment are present

Objective Phase complete no longer has control over his acts

Overt Acts: physical activity or deed, indicates intention to commit crime
Indeterminate Offense: purpose to perform an act is not certain
Desistance: absolutory cause that negates the criminal liability because the law allows desistance from committing the crime ; intent to commit and not
actually committed

Two Types of Desistance

Legal (referred to law)

Factual (actual dessistance)

Two stages in the development of a crime:
1. Internal
2. External
a. Preparatory
b. Acts of Execution (RPC)
Subjective and Objective phase
Manner, Element, Nature of Crime determining the execution
ARTICLE 7: LIGHT FELONIES
Light felonies

infractions of law, arresto menor of fine not exceeding 200; must be consummated unless against person or properties (attempted and
frustrated will count)

STAMI slight physical injuries, theft (less than 5 pesos), Alteration of boundary marks, Malicious mischief ( does not exceed 200), Intriguing
against honor

ONLY PRINCIPAL AND ACCOMPLICES ARE LIABLE

ARTICLE 8: CONSPIRACY AND PROPOSAL TO COMMIT FELONY
GR: mere conspiracy not punishable
EX: when punishable by law
Conspiracy

when two or more persons come to an agreement concerning the commission of a felony and

decides to commit it

overt acts may be different but must show unity of design

Examples for mere conspiracy: TRIC SM

Treason

Rebellion

Insurrection

Coup de tat

Sedition

Monopolies
Conspiracy as a Felony vs Conspiracy as a manner of Incurring Criminal Liability
In both cases there is an agreement but mere conspiracy to commit a crime is not punished EXCEPT in treason, rebellion, or sedition. Even then, if the
treason is actually committed, the conspiracy will be considered as a means of committing it and the accused will all be charged for treason and not for
conspiracy to commit treason.
GR: when conspiracy established, each conspirator is criminally liable for the crime committed by them
EX: unless some other conspirator committed other act crime not intended
Principle of Implied Conspiracy: two or more persons aimed hteir acts towards the same unlawful act; mere knowledge not enough, there should be
over/external acts; direct proof not necessary, mode, manner and closely associated, linked and related words, remarks and language

Requisites of a Proposal

Decides to commit a felony (DECISION)

Proposes execution to another (PROPOSAL)

Not Proposal if:

No decision

No proposal suggestion only

Not execution proposed

NOTE: Not necessary to commit TRIC making of proposal is enough
ARTICLE 9: CLASSIFICATION OF PENALTIES ACCORDING TO
GRAVITY
Grave Felonies which the law attaches capital punishment or afflictive penalties (ART 25)

Reclusion Perpetua
Reclusion Temporal
Perpetual or Temporary Absolute Disqualification
Perpetual or Temporary Special Disqualification
Prision Mayor
Fines of more than 6000 pesos (ART 9 par 1)

Less Grave Felonies which the law punishes with penalties which are in their maximum period are correctional (ART 25)

Prision correctional

Arresto Mayor

Suspension

Destierro

Fines 200< P <6000

Light Felonies- infraction of law for the commission of which are punishable by arresto menor or P<200 (ART 9 par 3)
ARTICLE 10: OFFENSES NOT SUBJECT TO THE PROVISIONS OF
RPC
GR: RPC supplementary to SL
EX:

SL provides

Impossible to apply
o
o
o
o
o

For Special Laws: Penalties should be imprisonment, and not reclusion perpetua, etc.
Offenses that are attempted or frustrated are not punishable, unless otherwise stated.
Plea of guilty is not mitigating for offenses punishable by special laws.
No minimum, medium, and maximum periods for penalties.
No penalty for an accessory or accomplice, unless otherwise stated.

Provisions of RPC applicable to special laws:

Art. 16 Participation of Accomplices

Art. 22 Retroactivity of Penal laws if favorable to the accused

Art. 45 Confiscation of instruments used in the crime

Circumstances That Affect Criminal Liability

1. Justifying circumstances
2. Exempting circumstances
3. Mitigating circumstances
4. Aggravating circumstances
5. Alternative circumstances

Absolutory Causes: absolve offender from criminal liability but not from civil liability (exemption: ART 11 par 4)
Extenuating Causes: mitigate criminal liability (same effect as mitigating circumstances)
Imputability: act freely and consciously done; doer as very own
Responsibility: obligation of taking penal and civil consequences of the crime
Guilt: element of responsibility; cannot answer for responsibility if not guilty
ARTICLE 11: JUSTIFYING CIRCUMSTANCES

Justifying Circumstance: act is accordance with the law, deemed that such act has not transgressed the law; exempt from civil and criminal liability
(EXCEPT ART 11 PAR 4); affirmative defense: burden of proof on the accused (ACCUSED MUST ADMIT THE ACT)
NOTE: no crime, no criminal
BASIS: lack of criminal intent
JUSTIFYING CIRCUMSTANCES
1. SELF-DEFENSE

Rights Included
(1) Right to Honor [serious personal, physical assault, real danger on dignity, rights and safety] and
(2) Defense of Property Rights [attack upon property]

INCLUDED: persons, property, rights, honor

REASON: self-preservation and state cannot protect everyone

REQUISITES (URL)
(1)

UNLAWFUL AGGRESSION
a. Lawful
i. Existence of a right
ii. Fulfillment of duty

b.

Unlawful

Physical assault: actual, imminent and comes from the person who was attacked

2.

(2)

REASONABLE NECESSITY OF THE MEANS EMPLOYED (prevent or repel it)

(3)

LACK OF SUFFICIENT PROVOCATION on the part of the party defending himself

DEFENSE OF RELATIVES

REQUISITES (URP)
(1) Lawful Agrresion
(2) Reasonable Necessity Of The Means Employed
(3) Provocation Was Given By The Person Attacked, The One In Defense Had No Part There In

3.

Relatives Defended
Spouses
Ascendants
Descendant
Legitimate, natural and adopted brothers and sisters and relatives by affinity in the same degrees
Relatives by Consanguinity up to the fourth civil degree

DEFENSE OF STRANGER

Stranger: person not enumerated in the previous list

REQUISITES
(1) Unlawful Agression
(2) Reasonable Necessity Of The Means Employed In Order To Prevent Or Repel It
(3) Person Acting In Defense Was Not Motivated/Induced By Revenge Or Resentment Or Evil Motive

4.

AVOIDANCE OF GREATER EVIL OF INJURY

State of Necessity:
Art 11 Par 4: deliberately caused damage
Art 12 Par 4: accidentally caused damage

Requisites: EIP

Evil sought to be avoided actually existed

Injury feared be greater than that to be avoided

No other practical or less harmful means of preventing it

5.

FULFILLMENT OF DUTY OR LAWFUL EXERCISE OF RIGHT OR OFFICE

Requisites:
That the offender acted in fulfillment of duty or lawful exercise of right and office
That the injured caused be the necessary consequence of the former
*Doctrine of Self-Help applicable: owner or lawful possessor has the right to exclude anyone from the enjoyment and disposal thereof

6.

OBEDIENCE TO AN ORDER ISSUED FOR SOME LAWFUL PURPOSE

Requisites:
Order issued by a superior
Order must be lawful
Means used by the subordinate must be lawful

7.

*BATTERED WOMEN SYNDROME

Tension building, acute battering and tranquil loving must be proven by the accused
ARTICLE 12: EXEMPTING CIRCUMSTANCE

Exempting Circumstance: grounds which free the offender from criminal liability but does not resolve him from civil liability EXCEPT FOR PAR 4 ART
12, where he is relived from both civil and criminal liability. There is a crime but the person who committed the crime is exempted from criminal liability.
PAR 7 ART 12 NO CIVIL LIABILITY
BASIS: complete absence of intelligence, freedom of action, or intent or on the absence of negligence on the part of the accused.
1. IMBECILITY OR INSANITY

BASIS: complete absence of intelligence

Imbecility- when a person, while advanced at his age, has a mental development between 2-7

Insanity- lack of complete intelligence (cognition) or freedom (volition)

2 & 3. MINORITY (RA 9344)

BASIS: complete or lack of intelligence

Child in conflict with Law:

4. ACCIDENT WITHOUT INTENT OR FAULT CAUSING IT