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Criminal law I

Article 12: Exempting


Circumstances
Those grounds for exemption from
punishment because there is wanting
in the agent of the crime, any of the
conditions which makes the act
voluntary, or negligent.

Comparison
Justifying
Circumstances

Exempting
Circumstances

It affects the act, not the


It affects the actor not
actor.
the act
Act is done within the
Act complained of is
bounds of law.
actually wrongful, but the
actor is not liable.
There is no crime
There is a crime
committed.
committed but no
criminal because lacking
in voluntariness.
No criminal liability; no
No criminal liability;
civil liability (except Art. There is civil liability,

Par.1 Imbecility or Insanity


Imbecility
= exist when a person, while advanced
age, has a mental development comparable
to that of children between two and seven
years of age.
Insanity
= exists when there is complete
deprivation of intelligence or freedom of will.
Somnambulism, epilepsy and malignant
malaria are exempting circumstance that
falls under paragraph 1.

TIME WHEN ACCUSED


SUFFERS INSANITY

EFFECT ON CRIMINAL
LIABILITY

At the time of the


commission of the
crime.
During trial

Exempt from 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

Paragraph 2 & 3:Minority (as amended by


RA 9344)
Age

Criminal
Liability

Action/s

15 years old
and below

Exempt from
criminal liability.

Child shall be subject to intervention


program.

Child above
15 but
below 18
years who
acted
without
discernment

Exempt from
criminal liability.

Child shall be subject to intervention


program.

Child above
15 but
below 18
years who
acted
without
discernment

Criminally liable

Subject to diversion program, subject


to the ff. conditions:
(a) Imposable penalty=not more than
6years of imprisonment, Punong
Brgy, law enforcement officer
conducts conciliation, mediation
and family conferencing.
(b)Above 6years imposable penalty:
under diversion program.

When does the prosecutor pursue


the case despite the minority of
the child?
a. When the CICWL 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.

Paragraph 4: 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 mere
accident; and,
4.Without fault or intention of causing
it.
Basis of exemption from criminal liability:
. Lack of negligence and intent.

Paragraph 5: A person who acts under the


compulsion
of an irresistible force.

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.

Paragraph 6: Uncontrollable fear

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.

Paragraph 7: Insuperable cause

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.

ART. 13: MITIGATING CIRCUMSTANCES

Those which if present in the


commission of the crime, do not
entirely free the actor from criminal
liability, but serve only to reduce the
penalty.

ART. 13: MITIGATING CIRCUMSTANCES


ORDINARY MITIGATING
CIRCUMSTANCES
Subsections 2-10, Art.13,RPC

PRIVILEGED
MITIGATING
CIRCUMSTANCES
Subsection 1 of Art 13, Arts. 68, 69