Professional Documents
Culture Documents
Comparison
Justifying
Circumstances
Exempting
Circumstances
EFFECT ON CRIMINAL
LIABILITY
After judgment or
while serving
sentence
Proceedings will be
suspended and
accused is committed
to a hospital.
Execution of
judgment is
suspended, the
accused is committed
to a hospital. The
period of
Criminal
Liability
Action/s
15 years old
and below
Exempt from
criminal liability.
Child above
15 but
below 18
years who
acted
without
discernment
Exempt from
criminal liability.
Child above
15 but
below 18
years who
acted
without
discernment
Criminally liable
Elements:
1.A person is performing a lawful act;
2.With due care;
3.He causes injury to another by mere
accident; and,
4.Without fault or intention of causing
it.
Basis of exemption from criminal liability:
. Lack of negligence and intent.
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.
Basis of exemption from criminal liability:
. Complete absence of freedom.
Elements:
1.That the threat which causes the fear is
an evil greater than, or at least equal to,
that which he is required to commit; and,
2.That it promises an evil of such gravity
and imminence that the ordinary man
would have succumbed to it.
Basis of exemption from criminal liability:
. Complete absence of freedom.
Elements:
1.That the 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.
Basis of exemption from criminal liability:
. Lack of intent.
Absolutory causes:
1. Spontaneous desistance;
2. Attempted or frustrated light
felonies;
3. Accessories who are exempt from
criminal liability by reason of
relationship;
4. Slight or less serious physical
injuries inflicted under exceptional
circumstances
5. Persons exempt from criminal
Absolutory causes:
6. Instigation;
7. Trespass to dwelling under justifiable
circumstances;
8. Marriage of the offender and the
offended party in cases of seduction,
abduction, acts of lasciviousness and rape;
9. Adultery and concubinage if the offended
party shall have consented or pardoned the
offenders.
PRIVILEGED
MITIGATING
CIRCUMSTANCES
Subsection 1 of Art 13, Arts. 68, 69