CRIMINAL LAW REVIEW

CHAPTER TWO criminal crime and suggests to

the accused who adopts
JUSTIFYING CIRCUMSTANCES AND CIRCUMSTANCES the idea and carries it
WHICH EXEMPT FROM CRIMINAL LIABILITY into execution.

Not a bar to the It will result in the

1. CIRCUMSTANCES AFFECTING CRIMINAL LIABILITY prosecution and acquittal of the
[ JEM-AAA- Ex] conviction of the law accused.
breaker
a) Justifying Circumstances (Art 11);

b) Exempting circumstances (Art 12);

g) Extenuating circumstances
c) Mitigating circumstances (Art 13);
-mitigating circumstances not found in Art 13.
d) Aggravating circumstances (Art 14);
-e.g Concealment of dishonor in abortion, and
e) Alternative circumstances; (Art15) abandonment of wife by the husband in adultery.

f) Absolutory cause ( Art 20; 124, last par.;

280, last par. ; 323; 344 etc)
-the effect is to absolve the offender from criminal
liability, although not from civil liability; Exempting
circumstances outside Art 12.
- e.g
(i) Instigation due to pubic policy;
2. IMPUTABILITY
-the quality by which an act may be ascribed to a
person as its author or owner. It implies that the act
committed has been freely and consciously done and
may, therefore, be put down to the doer as his very
own.

(ii) Art 6(3)- Spontaneous desistance in the

attempted stage unless the overt act committed
constitutes another crime;
(iii) Art 7- Attempted/frustrated light felonies
except those against persons or property;
(iv) Art 16- Accessories in light felonies;
(v) Art 20- Accessories -relatives except for
profiting in the crime;
3. RESPONSIBILITY
- it is the obligation of taking the penal and civil
consequences of the crime.
-IMPUTABILITY implies that a deed may be imputed to
a person, RESPONSIBILITY implies that the person must
take the consequence of such a deed.
4. GUILT

(vi) Art 247- Injuries except serious physical
injuries;
(vii) Art 332 - certain relatives in theft, estafa and
malicious mischief;
-it is an element of responsibility, for a man cannot be
made to answer for the consequences of a crime unless
he is guilty.

(viii) Trespass to dwelling when the purpose of ARTICLE 11.

entering is to prevent some serious harm to himself;
JUSTIFYING CIRCUMSTANCES
(ix) Marriage of the offender and the offended
party in cases of seduction, abduction, acts of
lasciviousness and Rape(Art 344);
1. JUSTIFYING CIRCUMSTANCES
(x) Adultery and concubinage, if the offended
-are those where the act of a person is said to be in
party shall have consented or pardoned the offenders.
accordance with the law so that such person is deemed
not to have transgressed the law and is free from both
criminal and civil liability.
***ENTRAPMENT- not an absolutory cause.

*** A BUY-BUST OPERATION conducted in connection

with illegal drug-related offenses is a form of There is no civil liability, except in par 4 Art 11,
entrapment. where the civil liability is borne by the persons
benefited by the act. Art 101 RPC, The civil liability is
ENTRAPMENT INSTIGATION not on the actor for he is not criminally liable but on
those who benefited from the act.
-Ways and means are -Instigator induces the
resorted to for the would-be accused to
capture of the commit the crime,
lawbreaker in the hence he becomes There is NO CRIME and NO CRIMINAL.
execution of his co-principal
criminal plan
2. BASIS
The means originates The law enforcer
from the mind of the conceives the -Lack of Criminal Intent
commission of the
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3. JUSTIFYING CIRCUMSTANCES b) Reasonable necessity of the means

employed to prevent or repel it; and
a) Defense of oneself, of relatives or of
strangers; - If by a Peace Officer, reasonable necessity of
the means employed to overcome opponent
b) State of Necessity:
c) Lack of sufficient provocation on the part
c) Fulfillment of duty; and of the person defending himself.
d) Obedience to superior order.

6. UNLAWFUL AGGRESSION
PAR. 1 SELF DEFENSE - is the primordial requisite which must at all times be
present. When unlawful aggression is absent, there is
The following do not incur any criminal liability:
no self-defense whether complete or incomplete.
1. Anyone who acts in defense of his person or
rights, provided that the following -It must be ACTUAL, SUDDEN, UNEXPECTED
circumstances concur: ATTACK OR IMMINENT DANGER thereof, and not merely
a threatening or intimidating attitude.

a) Equivalent to an actual physical assault; or

First. Unlawful aggression;
b) Threatened assault of an immediate and
Second. Reasonable necessity of the means
employed to prevent or repel it; imminent kind which is offensive and
positively strong, showing the wrongful
Third. Lacks of sufficient provocation on the intent to cause injury.
part of the person defending himself.

REAL AGGRESSION- an attack with physical force

1. RIGHTS INCLUDED IN SELF-DEFENSE or with a weapon such as to cause injury or
danger to life or personal safety.
(a) Defense of life, chastity, and property

(b) Right to honor;

IMMINENT- if an attack is impending or at the
-A slap on the face is considered unlawful
point of happening.
aggression since the face represents a person and his
dignity- Physical assault coupled with willful disgrace.
( Rugas v. People)
*** Paramour surprised in the act of adultery cannot
invoke self-defense if he killed the offended husband
who was assaulting him.
2. SUBJECTS OF SELF-DEFENSE
***Slap on the face constitutes unlawful aggression.
a) Defense of Person

b) Defense of Rights
7. RETREAT OF AGGRESSOR
c) Defense of Property
-there is no need for self-defense. The person
d) Defense of Honor
defending himself must stop for when aggression
3. BURDEN OF PROOF ceased and he still continued to attack, he then
becomes the aggressor, and it is considered
-It is incumbent upon the accused to prove by RETALIATION.
CLEAR AND CONVINCING EVIDENCE that he indeed
acted in defense of himself. EXCEPT, When the retreat is to take a more
advantageous position to insure the success of the
4. RATIONALE attack begun, unlawful aggression continues

(a) Impulse of self-preservation;

(b) State cannot provide protection for each of its *** It is essential that the killing of the deceased by
constituents. the defendant be simultaneous with the attack
made by the deceased, or at least both ats
5. REQUISITES OF SELF-DEFENSE succeeded each other without appreciable interval
a) Unlawful aggression (Condition sine qua of time. (US vs Ferrer)
non)

i. Lawful Aggression 8. REASONABLE NECESSITY OF THE MEANS

1. In the exercise of a right EMPLOYED

2. In the fulfillment of a duty -depends upon the circumstances surrounding the

aggression, the state of mind of the aggressor and the
ii. Unlawful Aggression available weapon at the defender’s disposal.

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 CRIMINAL LAW REVIEW
- The law requires a rational equivalence which
is determined by: {PENIS}
a) Presence of imminent danger’
b) Emergency to which the person defending
himself has been exposed to;
c) Nature and quality of the weapon used by
the accused compared to the weapon of the
aggression;
d) Impelled by the instinct of self-preservation;
and
e) Size and physical character of the aggressor
compared to the accused and other
circumstances that can be considered
showing disparity between aggressor and
accused.
9. LACK OF SUFFICIENT PROVOCATION
-On the part of the person defending hims shows that
there may have been provocation but it should not be
sufficient and it must not immediately precede the act.
It is not enough that the provocative act be
unreasonable or annoying.
REQUISITES
(1) No provocation at all was given to the
aggressor;
(2) Even if provocation was given, it was not
sufficient;
(3) Even if the provocation was sufficient, it
was not given by the person defending himself; or
(4) When given by the person defending himself,
it was not proximate and immediate to the act of
aggression.
10. BATTERED WOMAN SYNDROME (R.A 9262 VAWC
OF 2004)
-It is a scientifically defined pattern of
psychological and behavioral symptoms found in
women living in battering relationships as a result of
cumulative abuse.
“Victim-survivors who are found by the courts to
be suffering from Battered Woman Syndrome do not
incur any criminal or civil liability notwithstanding the
absence of any of the elements for justifying
circumstances of self-defense under the RPC.” (RA
9262)
CYCLE OF VIOLENCE
(1) The Tension Building Phase;
(2) Acute battering incident; and
(3) Tranquil, loving phase
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FOUR CHARACTERISTICS OF THE SYNDROME
(1) The woman believes that the violence was her
fault;
(2) She has an inability to place the responsibility
for the violence elsewhere;
(3) She fears for her life and her children’s life;
and
(4) She has an irrational belief that the abuser is
omnipresent and omniscient.
PAR. 2. DEFENSE OF RELATIVES
2. Anyone who acts in defense of the person or
rights of his Spouse,
Ascendants, descendants or legitimate,
natural or adopted brothers or sisters or
of his relatives by affinity in the same
degrees,
and those by consanguinity within the fourth
civil degree,
PROVIDED that the first and second requisites
prescribed in the next preceding circumstance are
present,
AND the further requisite, In case the
PROVOCATION was given by the person attacked, that
the one making the defense HAD NO PART THEREIN.
1. REQUISITES
a) Unlawful aggression;
b) Reasonable necessity of the means
employed to prevent or repel it; and
c) In case the provocation was given by the
person attacked, the one making the
defense had no part therein.
2. RELATIVES THAT CAN BE DEFENDED
a) Spouse;
b) Ascendants
c) Descendants;
d) Legitimate, Natural or adopted Brothers
and Sisters, or Relatives by Affinity in the
same degrees. Death of the spouse
terminates the relationship by affinity.
e) Relatives by Consanguinity within the 4th
civil degree
3. PROVOCATION IS IMMATERIAL
It can be made to depend upon HONEST BELIEF
OF THE ONE MAKING THE DEFENSE.
4. JUSTIFICATION
-It is found not only upon humanitarian sentiment,
but also upon the impulse of blood which impels men
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 CRIMINAL LAW REVIEW
to rush, on the occasion of great perils, to the rescue
of those close to them by ties of blood.
PAR.3. DEFENSE OF STRANGER
3. Anyone who acts in defense of the person or
rights of a stranger,
PROVIDED, that the first and second
requisites mentioned in the first circumstance of
this article are present
and that the person defending be not
induced by REVENCE, RESENTMENT or other EVIL
MOTIVE.
1. STRANGER
- any person not included in the enumeration of
relatives mention in paragraph 2 Art 11.
2. REQUISITES
a) Unlawful aggression;
b) Reasonable necessity of the means
employed to prevent or repel it; and
c) The person defending was not induced by
revenge resentment or other evil motive.
3. MOTIVE
-The defense of a stranger must be actuated by
a disinterested or generous motive, when it puts
down revenge, resentment or other evil motive, as
illegitimate.
4. BASIS
The ordinary person would not stand idly by and see his
companion killed without attempting to save his life.
PAR. 4 AVOIDANCE OF GREATER EVIL OR INJURY
4. Any person who, in order to avoid an evil or
injury, does an act which causes damage to
another, provided that the following are
present:
First. That the evil sought to be avoided
actually exists;
Second.That the injury feared be greater
than that done to avoid it.
Third. That there be no other practical and
less harmful means of preventing it.
1. STATE OF NECESSITY
Art 11 Par 4- offender deliberately caused
damage
Art 12 Par 4- Offender accidentally caused
damage
2. REQUISITES [EIN]
ENGR. ARIEL MARK PILOTIN
a) That the evil sought to be avoided actually
exists;
b) That the injury feared be greater than that
done to avoid it; and
c) There be no other practical and less
harmful means of preventing it.
3. PERSON DEFENDING HIMSELF INCURS CIVIL
LIABILITY
In cases falling within subdivision 4 of Art 11, the
persons for whose benefit the harm has been
prevented, shall be civilly liable in proportion to the
benefit which they may have received.
4. GREATER EVIL MUST NOT BE BROUGHT ABOUT BY
a) THE NEGLIGENCE OR
b) IMPRUDENCE OR
c) VIOLATION OF LAW BY THE ACTOR
5. IT MUST BE DELIBERATE
PAR. 5. FULFILLMENT OF DUTY OR LAWFUL
EXERCUSE OF RIGHT OR OFFICE
5. Any person who acts in the fulfillment of a
duty or in the lawful exercise of a right or office.
1. REQUISITES
a) That the accused acted in the performance
of a duty or in the lawful exercise of a
right or office; and
b) That the injury caused or the offense
committed be the necessary consequence
of the due performance of duty or the
lawful exercise of such right or office.
2. DOCTRINE OF “SELF-HELP”
Art 429 of NCC states, “ the owner or lawful
possessor of a thing has the right to exclude any person
from the enjoyment and disposal thereof. For this
purpose, he may use such force as may be reasonably
necessary to repel or prevent an actual or threatened
unlawful physical invasion or usurpation of his
property.
3. MERE DISTURBANCE OF POSSESSION OR OF A REAL
DISPOSSESSION
If it is mere disturbance of possession, force may
be used against it at any time as long as it continues,
even beyond the prescriptive period for an action of
forcible entry.
If the invasion consists of a real dispossession,
force to regain possession can be used only
immediately after the dispossession.
If the property is immovable, there should be no
delay in the use of force to recover it.
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action, or intent, or on the absence of negligence on

the part of the accused.
PAR 6. OBEDIENCE TO AN ORDER ISSUED FOR SOME
LAWFUL PURPOSE

6. Any person who acts in obedience to an 4. JUSTIFYING VS EXEMPTING

order issued by a superior for some lawful
purpose. JUSTIFYING EXEMPTING

- It affects the act not -It affects the Actor not

the actor the act
1. REQUISITES:[SPO]
-The act is considered -The act complained of
a) That an order has been issued by a to have been done is actually wrongful,
SUPERIOS; within the bounds of but the actor is not
b) That such order must be for some LAWFUL law; hence, legitimate liable.
PURPOSE; and and lawful in the eyes
of the law
c) That the means used by the subordinate to
carry out said ORDER is LAWFUL. -Since the act is Since the act
considered lawful, complained of is
there is no crime actually wrong there is
a crime but since the
actor acted without
voluntariness, there is
2. LAWFUL ORDER
no dolo or culpa.
-When the order is not for a lawful purpose, the
subordinate who obeyed it is criminally liable. -No crime -There is a crime

-No Criminal -No criminal

3. Subordinate is not liable for carrying out an illegal -No criminal liability -No criminal liability
order of his superior, if he is not aware of the -No civil liability -There is civil liability
illegality o the order and he is not negligent. (Except Art 11 Par 4, (Except Art 12 Par 4 and
where there is civil 7, where there is no
liability) civil liability)

-Contemplates -May be invoked in

ART. 12 unintentional acts and culpable felonies
hence, are
CIRCUMSTANCES WHICH EXEMPT incompatible with dolo
FROM CRIMINAL LIABILITY

1. EXEMPTING CIRCUMSTANCE (Circumstances for PAR. 1 IMBECILITY OR INSANITY

Non-imputability)
-The following are exempt from criminal liability:
-Those grounds for exemption from punishment,
because there is wanting in the agent of the crime any 1. An imbecile or an insane person, unless the
of the conditions which makes the act voluntary, or latter has acted during a lucid interval.
negligent. When the imbecile or an insane person has
committed an act which the law defines as a
THERE IS A CRIME BUT NO CRIMINAL.
felony (delito), the court shall order his
confinement in one of the hospitals or asylums
established for persons thus afflicted, which he
2. EXEMPTING CIRCUMSTANCES shall not be permitted to leave without first
obtaining the permission of the same court.
a) Imbecility/ Insanity;
1. IMBECILITY
b) Minority
-it exists when a person, while of advanced age,
c) Accident has a mental development comparable to that of
children between 2 and 7 years of age.
d) Compulsion of irresistible force

e) Impulse of uncontrollable fear

2. INSANITY
f) Insuperable or lawful cause
-exists when there is a complete deprivation of
intelligence or freedom of the will. Mere abnormality
of mental faculties is not enough especially if the
3. BASIS
offender has not lost consciousness of his acts.
The exemption from punishment is based on
-a manifestation in language or conduct of disease
the complete absence of intelligence, freedom of
or defect of the brain or a more or less permanently
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diseased or disordered condition of mentality, 3. A person over nine years of age and under
functional or organic and characterized by perversion, fifteen, unless he has acted with discernment, in
inhibition or disordered function of the sensory or of which case, such minor shall be proceeded against
the intellective faculties or by impaired or disordered in accordance with the provisions of Article 80 of
this code.
volition. (Sec 1039)
When such minor is adjudged to be criminally
irresponsible, the court, in conformity with the
provisions of this and the preceding paragraph,
3. TESTS OF INSANITY shall commit him the care and custody of his
family who shall be charged with his surveillance
a) Test of COGNITION
and education; otherwise, he shall be committed
to the care of some institution or person
-complete deprivation of intelligence in
mentioned in said Article 80. (Impliedly
committing the crime;
repealed)
b) Test of VOLITION
“ A child above fifteen (15) years but below eighteen
-total deprivation of freedom of will (18) years of age shall likewise be exempt from
criminal liability and be subjected to an intervention
*** Volition test does not suffice to exempt fro liability; program, unless he/she has acted with discernment,
it must be accompanied by the cognition test which in which case, such child shall be subject to the
alone is sufficient to exempt from liability. appropriate proceedings in accordance with this Act.

4. EFFECTS OF THE INSANITY OF THE ACCUSED The exemption from criminal liability herein
established does not include exemption from civil
Time when accused Effect on Criminal liability, which shall be enforced in accordance with
suffers insanity liability existing laws.”
At the time of the Exempt from liability
commission of the
crime 1. CHILD IN CONFLICT WITH THE LAW

During trial Proceedings will be - It refers to a child who is alleged as, accused of, or
suspended and accused adjudged as, having committed an offense under
is committed to a Philippine laws. (Sec 4e)
hospital

After judgment or while Execution of judgment

serving sentence is suspended, the
accused is committed
to a hospital. The
period of confinement
in the hospital is
counted for the purpose
of the prescription of
the penalty.
2. MINIMUM AGE OF RESPONSIBILITY
- the following are EXEMPT from criminal liability
(Sec 6):
a) Child 15 years of age or under at the time
of the commission of the offense. The
child shall however be subject to an
intervention program pursuant to Section
20 of the Act.

b) Child above 15 years but below 18 who

5. BASIS acted without discernment.
- Complete absence of intelligence

6. Insanity is a defense in the nature of a confession DISCERNMENT

and avoidance, and as such must be proved beyond
reasonable doubt.
7. SCHIZOPHRENIA - is a chronic mental disorder
characterized by inability to distinguish between
fantasy and reality and often accompanied by
hallucinations and delusions.
- not exempting but may be considered as
mitigating circumstance.
-Is the mental capacity to understand the difference
between right and wrong as determined by the child’s
appearance, attitude, comportment and behavior not
only before and during the commission of the offense
but also after the and during the trial, manifested
through:
(i) Manner of committing the crime;
(ii) Conduct of the offender.

DISCERNMENT INTENT
PAR. 2 &3. MINORITY (As amended by RA 9344, of
Juvenile Justice and Welfare Act of 2006) -refers to moral -refers to the desired
significance the person act of the person
2. A person under nine years of age. ( Impliedly ascribes to the act.
repealed)

“A child fifteen years of age or under at the time of the

commission of the offense shall be exempt from criminal AFTER INITIAL INVESTIGATION, THE LOCAL SOCIAL
liability. However, the child shall be subject to an
WORKER MAY:
intervention program pursuant to Section 20 of this Act.”
(Par 1 Sec 6 RA 9344)

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 CRIMINAL LAW REVIEW
(a) Proceed in accordance with Sec 20 if the child
is 15 years or below, or above 15 but below 18 who
acted without discernment; and
(b) If the child is above 15 but below 18 and who
acted with discernment, proceed to DIVERSION under
the following without undergoing court proceedings
subject to the following conditions: (Sec 23)
i. Where the imposable penalty is not
more than 6 years imprisonment, the
punong Barangay or law enforcement
officer shall conduct mediation, family
conferencing and conciliation.
ii. Where the imposable penalty exceeds 6
years imprisonment, DIVERSION
Measures may be resorted to only by
the court.
3. EXEMPTION FROM CRIMINAL LIABILITY DOES NOT
INCLUDE CIVIL LIABILITY
4. DIVERSION
-is an alternative, child-appropriate process of
determining responsibility and treatment of CICL on
the basis of Social, Cultural, Economic, Psychological
and Educational background without resort to formal
court proceedings. Its conditions are:
(1) CICL is over 15 but under 18 who acted with
discernment and
(2) The imposable penalty is
a) Not more than 6 years
-mediation, family conferencing, and conciliation
with a law enforcers or Punong Barangay with the
assistance of the SWDO.
b) Not more than 6 years and victimless
-Diversion and rehabilitation program by SWDO
c) More than 6 years
- diversion measures by the court
d) Maximum imposed by law not more than
12 years regardless of fine or fine only,
regardless of amount
-court determines if diversion is appropriate
5. DETERMINATION OF AGE
a) Child’s Birth Certificate,
b) Baptismal certificate, or
c) Any other pertinent documents.
d) Based on information from the child,
testimonies of other persons, the physical
appearance of the child and other relevant
evidence.
- In case of doubt as to the age of the child, it shall be
resolved in his/her favor.
ENGR. ARIEL MARK PILOTIN
6. CONTESTING THE AGE OF CHILD IN CONFLICT
WITH THE LAW
a) If the case has not yet been filed - File a
case in a summary proceeding for the
determination of age prior to the filing of
the information in any appropriate court,
before the Family Court which shall decide
within 24 hours;
b) If the case has been filed against the child in
conflict with the law and is pending in the
appropriate court - file a motion to
determine the age of the child in the same
court where the case is pending. Pending
hearing on the said motion, proceedings on
the main case shall be suspended.
7. The prosecutor shall conduct preliminary
investigation and file an information upon
determination of PROBABLE CAUSE in the following
instances (Sec 33):
a) When the child in conflict with the law does
not qualify for diversion;
b) When the child, his/her parents or guardian
does not agree to diversion; and
c) Upon determination by the prosecutor that
diversion is not appropriate for the child in
conflict with the law.
8. AUTOMATIC SUSPENSION OF SENTENCE
- instead of pronouncing the judgment of conviction,
the court shall place the CICL, under suspended
sentence, without need of application and impose the
appropriate disposition measures are provided in the
Supreme Court Rule on Juveniles in CWL.
9. STATUS OFFENSES
-any conduct not considered an offense or not
penalized if committed by an adult shall be considered
an offense and shall not be punished if committed by a
child.
10. OFFENSES NOT APPLICABLE TO CHILDREN
-Persons below 18 years of age shall be exempt from
prosecution for the following crimes of:
a) VAGRANCY AND PROSTITUTION (ART 202
RPC);
b) MENDICANCY (PD NO. 1563);
c) SNIFFING OF RUGBY.
***provided that they undergo appropriate counseling
and treatment program
11. SUMMARY RULES
JUDGMENT OF ACQUITTAL- The decision shall
immediately take effect without suspension and the
decision shall be promulgated and pronounced.
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JUDGMENT OF CONVICTION- The promulgation of the IRRESISTIBLE FORCE UNCONTROLLABLE

decision and the sentence shall be suspended by the FEAR
court, the minor shall be ordered to undergo
intervention, which shall have the following effects: Offender uses violence Offender employs
or physical force to intimidation or threat
(a) If after the intervention, there is reform on compel another person in compelling another
the part of the minor, the minor shall be returned to to commit a crime to commit a crime
the court to dismiss the criminal case and dismiss the
charges against the minor; Must have been made May be generated by a
to operate directly threatened act directed
(b) If after the intervention, there is no reform, upon the person of the to a 3rd person
the minor shall be returned to the court for the accused
promulgation of the decision against the minor, and
then the court shall decide on the sentence or extend The injury feared may The evil feared MUST be
the intervention. be of a lesser degree greater or at least
than the damage equal to the damage
caused by the accused caused to avoid it.
PAR 4. ACCIDENT WITHOUT FAULT OR INTENTION OF
CAUSING IT
3. BASIS: Complete absence of freedom
4. Any person who, while performing a lawful
act with due care, causes an injury by mere 4. Passion and obfuscation cannot amount to
accident without fault or intention of causing it. irresistible force
1. ACCIDENT 5. Force must be so irresisteble as to reduce the
actor to a mere instrument who acts not only
- It is an occurrence that happens outside the sway of
without will but against his will.
our will, and although it comes about through some act
of our will, it lies beyond the bounds of humanly 6. THE PERSON WHO USED THE FORCE OR CREATED
foreseeable consequences. THE FEAR IS CRIMINALLY AND PRIMARILY CIVILLY
LIABLE, BUT THE ACCUSED WHO PERFORMED THE
ACT INVOLUNTARILY AND UNDER DURESS IS STILL
2. ELEMENTS SECONDARILY LIABLE. (ART 101)

a) A person is performing a LAWFUL ACT

b) With due care; PAR 6. UNCONTROLLABLE FEAR

c) He causes injury to another by mere
accident; and
d) Without fault or intention of causing it.
-Because when the act is with fault, it will fall
under culpa; when with intent, it will become
intentional felony. The accident must not be
foreseeable or there will be fault or criminal
negligence.
3. BASIS
-lack of negligence and intent
6. Any person who acts under the impulse of an
uncontrollable fear of an equal or greater
injury.
1. ELEMENTS
a) That the threat which causes fear is of an
evil greater than, or at least equal to, that
which he is required to commit; and
b) That it promises an evil of such gravity and
imminence that the ordinary man would
have succumbed to it.
*** Compulsion must be of such character as to leave no
opportunity to the accused for escape or self-defense
in equal combat.

2. BASIS: Complete absence of freedom

PAR. 5. A PERSON WHO ACTS UNDER
COMPULSION OF AN IRRESISTIBLE FORCE
5. Any person who acts under the compulsion of
an irresistible force.
1. ELEMENTS [PI3]
THE
3. Impulse of uncontrollable fear and irresistible
force are similar. They are both grounded on duress
or complete absence of freedom of action or of the
will of the actor who has been reduced to a mere
instrument of the offender.

a) That the compulsion is by means of

PHYSICAL FORCE; PAR. 7. INSUPERABLE CAUSE
b) That the Physical force must be 7. Any person who fails to perform an act
IRRESISTIBLE; AND required by law, when prevented by some lawful
or insuperable cause.
c) That the physical force must come from a
3RD PERSON 1. INSUPERABLE CAUSE

2. IRRESITIBLE FORCE VS UNCONTROLLABLE FEAR -It is some motive which has lawfully, morally or
physically prevented a person to do what the law
commands.
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2. ELEMENTS [RFI]

a) That an act is REQUIRED by law to be done;

b) That a person fails to perform such act;

and

c) That his failure to perform such act was

due to some lawful or insuperable cause.

3. BASIS: Lack of intent

ENGR. ARIEL MARK PILOTIN 9