PARAGRAPH 1
Full Responsibility
Basis: Complete absence of Intelligence
Imbecile
-one who while advanced in age, has a mental
development comparable to that of children between
two and seven years old
-one who is deprived completely of reason or
discernment and freedom of the will at the time of
committing the crime
Insanity
-exists when there is complete deprivation of
intelligence in committing the act, that is, the accused
is deprived of reason, he acts without the least
discernment, because there is a complete absence of
power to discern or that there is a total deprivation of
freedom of the will
*The court HAS NO POWER to permit the insane person
to leave the asylum without first obtaining the opinion
of the Director of Health that he may be released
without danger
When the accused only becomes insane at the time of
the trial, he is criminally liable but the trial shall be
suspended until the mental capacity of the accused be
restored to afford him a fair trial.
Kleptomania
-it must be proven by experts that the impulse to steal
at the time of the commission of the act is irresistible
and due to his mental disease which caused the loss of
the power of his will
Epilepsy
-chronic nervous disease characterized by fits,
occurring at intervals, attended by convulsive motions
of the muscles and loss of consciousness
Somnambulism
-sleepwalking; must be proven that the act was done
without criminal intent
PARAGRAPH 2 & 3
Basis: Complete absence of Intelligence
R.A. 9344 (Juvenile Justice and Welfare Act of 2006)
-raised the age of absolute irresponsibility from 9 to 15
years old
Section 6:
A child 15 years of age or under at the time of the
commission of the offense shall be EXEMPTED from
criminal liability . However, the child shall be subject
to an intervention program pursuant to Section 20 of
this Act.
A child above 15 but below 18 shall likewise be exempt
from criminal liability and be subjected to an
intervention program unless he has acted with
discernment, in which case, he shall be subject to the
appropriate proceedings in accordance with this Act.
Periods of Criminal Responsibility
1. Absolute Irresponsibility
-9 and below
2. Conditional Responsibility
-between 9 and 15
3.
-18 to 70
4. Mitigated Responsibility
-over 9 ad under 15 with discernment
-over 15 but under 18
-over 70 years(senility)
Intent
-refers to the desired act of the person
Discernment
-related to the moral significance that a person
ascribes to the said act
-may be shown: a.) manner of the crime committed
b.) conduct of the offended after its
commission
PARAGRAPH 4
Basis: Lack of Negligence and Intent
Elements:
1. Person is performing a lawful act
2. With due care
3. Causes an injury to another by mere accident
4. Without fault or intention of causing it
Accident
-something that happens outside the sway of our own
will, and although it comes about through some act of
our will, lies beyond the bounds of humanly
foreseeable consequences
PARAGRAPH 5
Basis: Complete absence of freedom
Elements:
1. That the compulsion is by means of physical
force
2. That the physical force must be irresistible
3. That the physical force must come from a third
person
PARAGRAPH 6
Basis: Complete absence of freedom
Elements:
1. That the threat which causes the fear is of an
evil GREATER than of at least EQUAL TO, that
which he is required to commit
2. That it promises an evil of such gravity and
imminence that the ordinary man would have
succumbed to it
Irresistible force
-the offender uses VIOLENCE or PHYSICAL force to
compel another person to commit a crime
Uncontrollable Fear
-the offender employs INTIMIDATION or THREAT in
compelling another to commit a crime
PARAGRAPH 7
Basis: Lack of Intent
Elements:
1. An act is required by law to be done
2. That a person fails to perform such act
3. That his failure to perform such act was due to
some lawful or insuperable cause
Justifying Circumstances
-person DOES NOT transgress the law
-no crime; no criminal
-no civil liability except in paragraph 4
Exempting Circumstances
-there is a crime, but no criminal
-there is civil liability except in paragraphs 4 and 7
Absolutory Cause
-those where the act committed is a crime but for
reasons of public policy and sentiment there is no
penalty imposed