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Justifying and Exempting Circumstances Notes

Justifying and Exempting Circumstances Notes

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Published by Algene Cutamora
More at www.thelawchic.com
More at www.thelawchic.com

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Categories:Types, Business/Law
Published by: Algene Cutamora on Nov 12, 2012
Copyright:Attribution Non-commercial

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07/27/2013

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The Law Chic | www.thelawchic.com
 
Notes taken from The Revised Penal Code Criminal Law Book of Luis B. Reyes (Book One, 2008 ed.)
i
Justifying Circumstances
(Art. 11)ii
Exempting Circumstances
(Art. 12)iii
Mitigating Circumstances
(Art. 13)iv
Aggravating Circumstances
(Art. 14)v
Alternative Circumstances
(Art. 15)Other factors:vi
Absolutory Circumstances
 - exempting circumstances not mentioned in Art. 12- act commited is a crime but for reasons of public policy andsentiment, there is no penalty imposed- Art. 6, 20, 124, 247 (1 & 2), 280 (3), 332 and 344 (4)vii
Extenuating Circumstances
 - mitigating circumstances not mentioned in Art. 13- Art. 20 & 332
Terms:
 
Imputability
 
 – 
quality by which an act may be ascribed to aperson as its author or owner; implies that the act committedhas been freely and conciously done
Responsibility
 
 – 
the obligation of suffering the consequencesof crime(Difference: Imputability implies that a deed may be imputedto a person; responsibility implies that the person must take theconsequence of such a deed)
Guilt
 
 – 
an element of responsibility(Man cannot be made answerable to a crime unless he isguilty)
Justifying Circumstances
 - there is no crime- no criminal liability; no civil liability (except par. 4)- the acts are justified (persons are not criminals)- burden of proof: lies on the accused
1. Self-Defense
 Requisites:a. Unlawful aggressionb. Reasonable necessity of the means employed to prevent or repel itc. Lack of sufficient provocation on the part of the persondefending himselfAggression- condition sine qua non to invoke self-defense; indispensibleelement- must be offensive and criminal, continuous and non-mutual-
 2 kinds
 a. actual
 – 
a material attack; the aggressor shows wrongfulintent by committing the unlawful aggression; danger must bepresent (actual danger 
 – 
must be repelled)b. imminent
 – 
attack is at the point of happening (imminentdanger 
 – 
must be prevented)Note:- Insulting words, without physical assault, does not constituteunlawful aggression- Under the new Civil Code, a person may use force or violence to protect his property (exercise of a right; notunlawful aggression)- When aggressor flees, unlawful aggression ceases
 
The Law Chic | www.thelawchic.com
 
Notes taken from The Revised Penal Code Criminal Law Book of Luis B. Reyes (Book One, 2008 ed.)
“Stand ground when in the right”
 - where the accused is where he has the right to be, the lawdoes not require him to retreat when his assailant is rapidlyadvancing upon him with a deadly weapon- new rule (old rule : retreat to the wall)- reason: if one flees from the aggressor, he runs the risk ofbeing attacked by the latter Unlawful aggression in defense of other rights- defense of right to chastity- defense of property (only when coupled with attack on theperson)- defense of home (manner of entry constitute unlawfulaggression)Test of reasonableness of the means used will depend upon:- the nature and quality of weapons- physical condition, character and size- other circumstances consideredRequisites of 3rd element:a. no provocation given by the person defending himselfb. if there is provocation, it is insufficientc. if there is provocation, it is not given by the persondefending himselfd. if there is provocation, it is not proximate and immediate tothe act of aggressionBattered Woman Syndrome (BWS) as a Defense- Under Rep. Act 9262 VAWC- Sec. 26: Victims who are suffering from BWS do not incur criminal and civil liability even if the requisites of self-defenseare not presentBattered Woman- a woman who is repeatedly subjected to any forcefulphysical or psychological behavior by a man in order tocoerce her to do something he wants her to do withoutconcern for her rights- characterized by a cycle of violence (the tension buildingphase
 – 
the acute battering syndrome
 – 
the loving or non-violent phase)Land mark cases:- People vs. Alconga (page 163, 2008 ed.)- People vs. Dolfo (page 188, 2008 ed.)
2. Defense of Relatives
 Persons who can be defended:a. spousesb. ascendantsc. descendantsd. legitimate, natural or adopted brothers and sisters, or relatives by affinity in the same degreese. relatives within the fourth civil degreeRequisites:a. Unlawful aggressionb. Reasonable necessity of the means employed to prevent or repel it
c. Lack of participation in relative’s provocation
 
3. Defense of Strangers
 
 
Stranger 
 – 
anyone not considered as a relative
 
The Law Chic | www.thelawchic.com
 
Notes taken from The Revised Penal Code Criminal Law Book of Luis B. Reyes (Book One, 2008 ed.)
Requisites:a. Unlawful aggressionb. Reasonable necessity of the means employedc. The person defending be not induced by revenge,resentment or other evil motive (actuated by generous or uninterested motive)
4. Avoidance of Greater Evil or Injury
 
 
- also known as the State of NecessityRequisites:a. The evil sought to be avoided actually existsb. The injury feared is greater than that done to avoid itc. There is no other practical and less harmful means ofpreventing it
“The instinct of self
-preservation will always make one feel thathis own s
afety is of greater importance than that of another.”
 There is a civil liability under this circumstance. The person towhom the benefit is attributed shall be civilly liable to theperson who received the harm or damage. The civil liabilityshall be in proportion to the benefit received.
5. Fulfillment of Duty
 
 
Requisites:a. The accused must have acted in the performance of adutyb. The injury caused or offense should have been thenecessary consequence of due performance of dutyLandmark case: People vs. Felipe Delima (Page 205, 2008 ed. /46 Phil. 738)Requisites of Exercise of Rights:a. The accused must have acted in the exercise of rightb. The injury caused or the offense committed should havebeen the necessary consequence of lawful exercise of dutyExercise of Office (Example)- executioner of Bilibid prison is not liable for murder - surgeon who amputated the leg of a patient to save thelatter is not guilty of mutilation
6. Obedience to an Order for Some Lawful Purpose
 
 
Requisites:a. An order has been issued by a superior b. Such order must be for some lawful purposec. The means used by the subordinate to carry out said order islawfulNote:- The subordinate is not liable for carrying out an illegal order of his superior, if he is not aware of the illegality of the order and he is not negligent.

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