CIRCUMSTANCES AFFECTING CRIMINAL LIABILITY

I. Classification: In general, the circumstances are either:

(i) Defenses

(ii) Modifying Circumstances

II. Defenses - Those which, if proven, may result to an acquittal of the offender from the crime
charged or lead to non-criminal liability. They are the reasons advanced by the accused why he
may not be held criminally liable. They are classified into the following:

A. As to Form:

1. Positive or Affirmative - They are often called defenses in the nature of Admission
and Avoidance. The accused admits authorship of the act or omission charged
and imputed to him, but he puts up matters to avoid criminally liability or which will
result to his acquittal. All the Justifying, Exempting and Absolutory Causes are
Affirmative defenses.

2. Negative - The accused denies authorship or having performed the act or
omission imputed to him. Examples: denial, alibi, mistaken identity.

B. As to Effect:

1. Total or Perfect - The effect of which will totally exonerate the accused. Example:
a complete justifying circumstance, amnesty

2. Partial - Those which are intended to lessen the liability of the accused. They
include proof that the offense is a lesser offense, or that it is of a lower stage of
execution, that the accused has a lower participation and is not the principal.

C. As to source:

1. Legal - Those provided for by statutes or by the constitution. Examples: prescription
of crimes, marriage of the offender and offended, pardon, double jeopardy,
amnesty.

2. Factual - Those based on the circumstances of the commission of the crime
relating to the time, place, manner of commission; identification of the accused;
reasons for the commission. Examples: alibi, self-defense, insanity, mistaken identity.

III. Modifying Circumstances - Those which will either increase or decrease the penalty. They are
called mitigating or aggravating circumstances.

IV. Circumstances Recognized in the Philippines - They are found either in the Revised Penal Code,
Special Laws or in jurisprudence. The defenses and modifying circumstances governed by the RPC
include the following:

A. Justifying Circumstances - These are the defenses in which the accused is deemed to
have acted in accordance with the law and therefore, the act is lawful. Since the act is
lawful, it follows that there is no criminal, no criminal liability and no civil liability.

1. There is no mens rea or criminal intent

CIRCUMSTANCES AFFECTING CRIMINAL LIABILITY
2. The circumstances pertain to the act and not to the actor. Hence all who
participated in the act will be benefited. Thus, if the principal is acquitted,
there will be no accomplices and accessories.

3. These apply only to intentional felonies, not to acts by omissions or to
culpable felonies or to violations of special laws

4. They are limited to the 6 enumerated in Article 11.

B. Exempting Circumstances - These are defenses where the accused committed a
crime but is not criminally liable. There is a crime, and there is civil liability, but no
criminal.

1. The basis is the lack of any of the elements which makes the act/omission
voluntary, i.e. freedom, intelligence, intent or due care.

2. These defenses pertain to the actor and not the act. They are personal to
the accused in whom they are present and the effects do not extend to the
other participants. Thus, if a principal is acquitted, the other principals,
accessories and accomplices are still liable.

3. They apply to both intentional and culpable felonies and they may be
available in violations of special laws.

4. They are limited to the 7 enumerated in Article 12.

C. Absolutory Causes - These are defenses which have the same effects as the
exempting circumstances but they are not among those enumerated in Article 12.
They are found in certain Articles of the Revised Penal Code or are developed by
jurisprudence.

1. They are based on public policy

2. Examples of those in the RPC include: non-liability for an attempted felony
due to voluntary desistance; Death/Physical Injuries Under Exceptional
Circumstances

3. Those recognized and developed by jurisprudence include: mistake of
fact, set-up/frame up, instigation

D. Mitigating Circumstances - Those enumerated in Article 13. They are those which,
when present, result either to:

(i) The penalty being reduced by at least one degree, or

(ii) The penalty shall be imposed in its minimum period.

E. Extenuating Circumstances - Those which have the same effect as mitigating
circumstances but are not among those enumerated in Article 13 but are provided
for in certain articles of the RPC and apply only to certain felonies. They are called
Special Mitigating Circumstances. Examples: Abandonment in case of adultery;
Release of the victim within 3 days with the purpose not attained, in the felony of
Slight Illegal Detention
CIRCUMSTANCES AFFECTING CRIMINAL LIABILITY
F. Aggravating Circumstances - They are provided for by the Revised Penal Code as well as
by special laws. They are those which, when present, will result either to:

(i) A change in the nature of the offense as to make it more serious and result to the
imposition of a higher penalty

(ii) The penalty being imposed in its maximum period.

G. Alternative Circumstances- those which may either be appreciated as mitigating or
aggravating. They are enumerated in Article 15 of the RPC.

IV. Basic Rules on Affirmative Defenses

A. Justifying Circumstances, Exempting Circumstances, and Absolutory Causes, are
recognized as Affirmative Defenses

B. Since the accused has admitted authorship of the act or omission, its not anymore
necessary for the prosecution to prove his participation in the commission of the crime or his
identity. Hence, there may be a reverse order of trial in that it will be the accused who will
be the first to present his evidence

C. It is incumbent upon the accused to prove his defense by clear, positive and
convincing evidence and his conviction is not that the prosecution failed to prove his guilt
but that he was unable to prove his defense.