Article 12. Circumstances which exempt from criminal liability.

Exempting Circumstances (non-imputability) grounds for exemption from punishment makes the act voluntary or negligent complete absence of NEGLIGENCE, FREEDOM, INTENT NOTE: A person must act with malice or negligence to be criminally liable. JUSTIFYING CIRCUMSTANCES Does not commit any crime No criminal liability EXEMPTING CIRCUMSTANCES Commit a crime No liability criminal MITIGATING CIRCUMSTANCES Commit a crime

How to constitute insanity 1. There be a complete deprivation of intelligent 2. Acts without the least discernment 3. There be a total deprivation of freedom or will Two tests of insanity: 1. COGNITION complete deprivation of intelligence in committing the crime. 2. VOLITION total deprivation of will. Procedure 1. Court will order the confinement in one of the hospitals or asylums. 2. The person must obtain a permit from the court 3. The court has no power to permit the insane person W/O first obtaining the opinion of the Director of Health. EFFECTS of INSANITY TIME WHEN ACCUSED EFFECT ON CRIMINAL SUFFERS INSANITY LIABILITY Commission of the crime Exempt from liability During trial Proceedings will be suspended and accused is committed to a hospital After judgment/serving Execution of judgment is sentence suspended, the accused is committed to a hospital. The period of confinement is counted for the purpose of the prescription of the penalty. Crazy is not insane. Crazy is being used to describe a person or an act unnatural or out of the ordinary. A man may behave in a crazy manner but it does not necessarily and conclusively prove that he is legally so. Dementia praecox - homicidal attack is common because of delusions that he is being interfered with sexually, or that his property is being taken. Schizophrenia chronic mental disorder characterized by inability to distinguish between fantasy and reality and often accompanied by hallucinations and delusions. Kleptomania must be proved by alienist or psychiatrist Epilepsy a chronic nervous disease characterized by fits Feeblemindedness not imbecility because the offender can determine right from wrong.

Do not entirely free from criminal liability and reduces criminal liability No civil liability Civil liability Criminal liability (except 4) (except in 4 & 7) Civil Liability In exempting circumstances, there is a crime but no criminal liability because of the complete absence of any of the condition which constitutes free will or voluntariness. Any of the circumstances in article 12 is a matter of a defense and it must be proved.

PART 1 AN IMBECILE OR AN INSANE PERSON, UNLESS THE LATTER HAS ACTED DURING A LUCID PERIOS.
Imbecility Exempt from all cases from criminal liability Insane Not exempt if it can be shown that he acted during a lucid interval because during such period an insane acted with intelligence Exists when there is a complete deprivation of intelligence.

Has a mental development comparable to that of children between two and seven years of age. One who is deprived completely of reason or discernment and freedom of the will at the time of committing the crime.

Mental illness of such a severe nature that a person cannot distinguish fantasy from reality, cannot conduct his affairs due to psychosis, or is subject to uncontrollable impulsive behavior

Pedophilia not insanity and the offender can distinguish right from wrong. Amnesia - not a proof of mental condition of the accused OTHER CASES of lack of INTELLIGENCE 1. While in a dream 2. While suffering from malignant malaria

Part 4: Any person who, while performing a lawful act with due care, causes an injury by mere accident without fault or intention of causing it. Elements: 1. A person is performing a lawful act 2. With due care 3. He causes injury to another by accident 4. Without fault or intention Accident an occurrence that happens outside the sway of our will. Accident Fortuitive circumstance Event without any human agency Event is unexpected Negligence Failure to observe, for the protection of the interest of another person, that degree of care, precaution and vigilance.

PART 2: A PERSON UNDER 15 YEARS OF AGE

RA 9344 (Juvenile Justice and Welfare Act of 2006) repealed the first provision, it raised the age of absolute irresponsibility from 9 to 15

PART 3: A PERSON OVER FIFTEEN YEARS OF AGE AND UNDER EIGHTEEN, UNLESS HE ACTED WITH DISCERNMENT, IN WHICH CASE, SUCH MINOR SHALL BE PROCEEDED AGAINST IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 80 OF THIS CODE.
Discernment mental capacity to understand the difference between right from wrong. 1. Manner of committing a crime The minor acted during night time 2. Conduct of the offender

NOTE: Accident and Negligence cannot exist with each other.

PART 5: ANY PERSON WHO ACTS UNDER THE COMPULSION OF AN IRRESISTIBLE FORCE.
Elements: 1. That the compulsion is by means of physical force 2. Physical force must be irresistible 3. Physical force comes from a third person. Irresistible Force Offender uses violence or physical force to compel another person to commit a crime. Uncontrollable Fear Offender employs intimidation or threat in compelling another to commit a crime.

Discernment Moral significance the person ascribes the act

Intent Desired act of the person

Periods of Crime 1. Absolute irresponsibility 9 years and below 2. Conditional responsibility between 9 and 15 years 3. Full responsibility 18 or over 4. Mitigated responsibility over 9 and under 15, offender acting with discernment; 15 over but less than 18; over 70 years of age. Determination of Age 1. Birth certificate 2. Baptismal certificate 3. Other pertinent documents 4. Information on the child himself 5. Testimonies 6. Physical appearance

NOTE: A threat for future injury is not enough. The duress, force, fear, or intimidation must be present, imminent and impending.

PART 6: ANY PERSON WHO ACTS UNDER THE IMPULSE OF AN UNCONTROLLABLE FEAR OF AN EQUAL OR GREATER INJURY.
Elements: 1. Threat which causes the fear is of an evil greater than or at least equal 2. That it promises an evil of such gravity and imminence Requisites for uncontrollable fear to be invoked

1. 2. 3.

Existence Fear must be real and imminent Fear of an injury is greater than or at least equal

Duress it may be a valid defense should be based on real, imminent, or reasonable fear. PART 7: Any person who fails to perform an act required by law, when prevented by some lawful or insuperable cause BASIS Lack of intelligence Lack of intelligence Lack of intelligence No intent No freedom of action No freedom of action No intent

Part 1 Part 2 Part 3 Part 4 Part 5 Part 6 Part 7

ABSOLUTORY CAUSES those where the act committed is a crime but for reasons of public policy and sentiment there is no penalty imposed. Examples: 1. Spontaneous desistance 2. Attempted or frustrated light felonies 3. Accessories 4. Slight or less physical injuries 5. Persons exempt from criminal liability 6. Trespass to dwelling 7. Marriage 8. Adultery ENTRAPMENT Ways and means are restored to for the capture of lawbreaker in the execution of his criminal plan. The means originates from the mind of the criminal INSTIGATION Instigator induces the would-be accused to commit the crime, hence he becomes a co-principal. The law enforcer conceives the commission of the crime and suggests to the accused who adopts the idea and carries it execution.