Requisites (11, 12, 13, 14)

Wednesday, July 30, 2014

8:17 PM

Justifying (no civil except 4)

1 Self-defense
Unlawful aggression
Reasonable necessity of the means employed to
prevent or repel it
Lack of sufficient provocation on the part of the
person defending himself
2 Defense of relatives
Unlawful aggression
Reasonable necessity of the means employed to
prevent or repel it
In case the provocation was given by the person
attacked, that one making defense had no part
therein.
3 Defense of Stranger
Unlawful aggression
Reasonable necessity of the means employed to
prevent or repel it
The person defending be not induced by Revenge,
Resentment or Evil motive
4 Avoidance of greater evil
Evil sought to be avoided actually exist
Injury feared be greater than that done to avoid it
There be no other practical and less harmful
means of preventing it
There must be no contribution on the part of the
accused what caused the evil to arise
5 Fulfillment of duty
Accused acted in the performance of a duty or
lawful exercise of right or office
Injury caused or offense committed be the
necessary consequence of the due performance
of duty or the lawful exercise or right or office
6 Obedience to an order issued for some lawful purpose
An order has been issued by a superior
Such order must be for some lawful purpose
Means used by the subordinate to carry said
order is lawful


Exempting(there is civil except 4 and
7)

1 An imbecile or an insane person, unless the latter has
acted during a lucid interval
2 A child fifteen years of age or under is exempt from
liability
3 A person over fifteen and under eighteen, unless he
acted with discernment
4 Accident without fault or intention of causing it
(damnum absque injuria)
A person performing a lawful act
With due care
He causes injury to another by mere accident
Without fault or intention of causing it
5 Compulsion of irresistible force
Compulsion is by means of physical force
Physical force must be irresistible
Physical force must come from a third person
6 Uncontrollable fear
Threat, which causes fear, is of greater than or at
least equal to that which he is required to commit
It promises an evil of such gravity and imminence
that the ordinary man would succumbed to it
7 Prevented by some lawful or insuperable causes
An act is required by law to be done
A person fails to perform such act
Failure to perform such act was due to some
lawful or insuperable cause


Mitigating

1 Incomplete justifying or exempting circumstance
Art. 11(1-6), Art. 12(3,4,6)
2 Under 18 or over 70 years old
3 No intention to commit so grave a wrong
4 Sufficient threat or provocation
Provocation must be sufficient
It must originate from offended party
It must be immediate to the act
5 Vindication of a grave offense
Grave offense has been done to the one
committing the felony, his spouse, ascendants,
descendants, legitimate, natural or adopted
brothers or sisters, or relatives by affinity within
the same degree
Felony is committed in vindication of such grave
offense
6 Passion or obfuscation
That there is an act, both unlawful and sufficient
to produce such a condition of mind
That the said act produced the obfuscation was
not far removed from the commission of the
crime by a considerable length of time, during
which the perpetrator might recover his natural
equanimity
7 Voluntary surrender
Offender had not been actually arrested
Surrender was made to a person in authority or
agent
Surrender was voluntary
Confession of guilt
Offender voluntarily confessed his guilt
It was made in open court
It was made prior to the presentation of evidence
for the prosecution
8 Physical Defect
9 Illness of the offender
Illness of the offender must diminish the exercise
of will power
Such illness should not deprive the offender the
consciousness of his acts
10 Similar or analogous circumstances


Aggravating

1. Advantage taken of public position
2. Contempt or insult to public authorities
Public authority is engaged in the exercise of his
functions
Such public authority is not the person against
whom the crime is committed
Offender knows him to be a public authority
His presence has not prevented the offender from
committing the crime
3. Disregard of
rank, age, sex, or dwelling of the offended party
4. Abuse of confidence
Offended party had trusted the offender
Offender abused such trust by committing a crime
against offended party
Abuse of confidence facilitated the commission of
the crime
Obvious ungratefulness
Offended party had trusted the offender
Offender abused such trust by committing a crime
against offended party
The act committed with obvious ungratefulness
5. Palace and places of commission of offense
6. Nighttime, uninhabited place or band
It facilitated the commission of the crime
It especially sought for by the offender to ensure
the commission of the crime or for the purpose of
impunity
The offender took advantage thereof for the
purpose of impunity
7. On occasion of calamity or misfortune
8. Aid of armed men, etc
Armed men or person took part in the
commission of the crime, directly or indirectly
Accused availed himself of their aid or relied upon
them when the crime was committed
9. Recidivist(can be offset by mitigating)
Offender is on trial for one crime
Previously convicted by final judgment of another
crime
Both the 1st and 2nd offenses are embraced in
the same title of the RPC
Offender is convicted of the new offense
10. Reiteracion
Accused is not trial for an offense
He previously SERVED Greater than or Equal; or
two or more crimes with lighter penalty
He is convicted with the new offense
Habituality (may not be offset by any mitigating)
Within a period of 10years from the date of his
release or last conviction
Of the crimes falsification, robbery, estafa, theft,
serious or less serious physical injuries
Found guilty of said crimes a third time or oftener
Quasi-recidivism (may not be offset by ordinary
mitigating)
Offender was already convicted by final judgment
of one offense
Committed new felony before beginning to serve
such sentence or while serving the same
11. Price, reward, or promise
There are two principals; by inducement and by
direct participation
The price, reward, or promise should be previous
to and in consideration of the commission of the
criminal act
12. By means of inundation, fire, etc.
13. Evident premeditation
Time when offender determined to commit the
crime
Act manifestly indicating that he has clung to its
determination
Sufficient lapse of time between the
determination and execution, to allow him to
reflect upon the consequences of his act and to
allow his conscience to overcome the resolution
of his will
14. Craft, fraud or disguise
15. Superior strength or means to weaken the
defense


16. Treachery
At the time of the attack, victim was not in the
position to defend himself
Offender consciously adopted the particular
means, method or form of attack employed by
him
17. Ignominy
Crime must be against Chastity,
less serious physical injuries,
light or grave coercion, murder
The circumstance made the crime more
humiliating and shameful for the victim
18. Unlawful entry
19. Breaking wall
A wall, roof, window, or door was broken
They were broken to effect entrance
20.Aid of minor or by means of motor vehicle or other s
imilar means
21. Cruelty
Injury caused be deliberately increased by causing
other wrong
The other wrong be unnecessary for the
execution of the purpose of the offender