JUSTIFYING
Self-defense
- Unlawful aggression
- Reasonable necessity of
the means used to repel or
prevent the UA
- Lack of sufficient
provocation on the part of
the accused
Defense of relatives
- UA
- RN
- In case the provocation
was given by the relative,
the accused had no part
therein
Defense of strangers
- UA
- RN
- The accused is not
induced by revenge,
resentment or other evil
motive
Avoidance of a greater evil or injury
(state of necessity)
- The evil sought to be
avoided actually exists
- Injury feared greater than
that done to avoid it
- No other practical and less
harmful means of
preventing it
Fulfillment of a duty and lawful
exercise of a right or office
- Offender acted in the
performance of a duty or
the lawful exercise of a
right or office
- Injury caused or the
offense committed is the
necessary consequence of
the due performance of
such right or office
- Self-help
Obedience to an order for some
lawful purpose
- order issued by a superior
- order is for a lawful
purpose
EXEMPTING
Insanity or imbecility
Deprivation of intelligence
Without the least discernment
Mere abnormality of the mental faculties
will not exclude imputability
Minority (15 yrs. of age or under, RA
9344)
Exempt from criminal liability, however
he shall be subjected to an intervention
program
Minority (above 15 below 18 if acting
without discernment)
Exempt from criminal liability and
subjected to intervention program,
unless he acted with discernment that he
shall be subjected to a diversion
program
Performance of a lawful act with due
care (accident)
- accused was performing a
lawful act with due care
- injury is caused by mere
accident
- no fault or intent of causing
injury
Compulsion of an irresistible force
(physical force)
- physical force from an outside
force; accused acts outside of
his will
- reduced to a mere instrument;
lack of freedom
- duress, fear, intimidation must
be PRESENT, IMMINENT and
IMPENDING that it induces a
grounded fear of death or
serious bodily injury if the act
is not done
Uncontrollable fear of an equal or
greater injury (moral or psychological
compulsion)
- THREAT which caused the fear
of an evil greater than or at
least equal to that which the
accused was required to
commit
- Threat promised an evil of
such gravity and imminence
that the ordinary man would
have succumbed to it
MITIGATING
Note:
When all requisites present Justifying
2 requisites, one of which must in all cases be UA
privileged mitigating
lowers the penalty by one or more degrees, where divisible
or indivisible
- minority
only UA ordinary mitigating
lowers the penalty to the min period; the penalty must be
divisible;
if 2 OMCs, lowered to one degree only
- senility (>70)
incomplete justifying or mitigating circumstance
Minority is always a PMC.
Offender is under 18 or over 70
Praeter intentionem
Sufficient provocation or threat
- provocation must be sufficient
- must be immediate to the commission of the
crime
- must originate from the offended party
Vindication of a grave offense to the one committing
the felony or to his relatives
offense need not be a crime; it may be which offends
the accused causing mental agony to him and moves
him to vindicate himself of such offense
Passion or obfuscation
- arose from offenders lawful sentiment
- offendeds act is unlawful and sufficient to
cause P and O
Voluntary surrender to authorities
- offender surrendered to a person in authority
or his agent (accused must personally
surrender himself, not his superior)
- offender surrendered before arrest is
effected
- surrender must be voluntary (spontaneous
and shows intent of the accused to submit
himself unconditionally either because he
acknowledges his guilt or he wishes to save
them the trouble and expense incidental to
his search and capture)
AGGRAVATING ALTERNATIVE
Abuse of public position Relation
Contempt or insult to public Intoxication
authorities
Degree of
Insult or disregard of respect of a instruction
person on account of his rank, age,
sex; dwelling, if offended has not Education of
given provocation the offender
Abuse of confidence or obvious
ungratefulness
In the palace of the Chief Executive,
or in his presence or where public
authorities in the discharge of their
duties are engaged; public worship
Nighttime; uninhabited place; band
On the occasion of conflagration,
shipwreck, earthquake, epidemic or
other calamity or misfortune
In aid of armed men or persons who
insure or afford impunity
Recidivist one, who at the time of
his trial for one crime, shall have
been previously convicted by final
judgment of another crime
embraced in the same title of the
RPC
Previously punished for an offense
with an equal or greater penalty or
for two or more crimes with a lighter
penalty
In consideration of a prize, reward,
or promise
Means of inundation, fire, poison,
explosion, stranding of a vessel or
intentional damage thereto,
derailment of a locomotive, or any
other artifice involving great waster
or ruin
Evident premeditation
Craft, fraud, or disguise
Superior strength; means to weaken
defense
Treachery (alevosia)
Means or circumstances which add
ignominy to the natural effects of
the act
- means used to carry such
order is lawful
- no pending warrant of arrest or information
Failure to perform an act due to some must be filed prior to the surrender or if
lawful or insuperable cause there is, accused has not been served
law imposes a duty on the offender to
thereof
perform an act but his failure to do so is
due to a lawful or insuperable cause
Voluntary confession of guilt in open court prior
presentation of prosecutions evidence
- plea was made in open court
- spontaneous and unconditional
- made before prosecution presents evidence
Deaf, dumb, blind suffering from physical defect
Illness that diminishes exercise of will-power without
depriving consciousness of ones acts
Circumstances of similar nature and analogous to the
above-mentioned
Committed after an unlawful entry
(committed when an entrance is
effected by a way not intended for
the purpose)
Wall, roof, floor, door, or window be
broken
In aid of persons under 15 years, or
by means of motor vehicle,
watercraft, airship or other similar
means
Wrong done in the commission of
the crime be deliberately augmented
by causing other wrong not
necessary for its commission