Art. 11. Justifying The following do not incur any years of age.

circumstances. criminal liability:

1. Anyone who acts in defense of First. Unlawful aggression.

his person or rights, provided that 3. A person over 3. A person R.A 9344 Juvenile Justice and Welfare Act : above
the following circumstances Second. Reasonable necessity nine years of age over nine 15 but below 18 yrs old
concur; of the means employed to and under fifteen, years of age
prevent or repel it. unless he has and under When such minor is adjudged to be criminally
acted with fifteen, irresponsible, the court, in conformably with the
Third. Lack of sufficient discernment unless he provisions of this and the preceding paragraph,
provocation on the part of the has acted shall commit him to the care and custody of his
person defending himself. with family who shall be charged with his surveillance
2. Any one who acts in defense First. Unlawful aggression. discernment, and education otherwise, he shall be committed to
of the person or rights of his in which the care of some institution or person mentioned in
spouse, ascendants, Second. Reasonable necessity case, such said Art. 80.
descendants, or legitimate, of the means employed to minor shall
natural or adopted brothers or prevent or repel it be
sisters, or his relatives by affinity proceeded
in the same degrees and those Third the provocation was given against in
consanguinity within the fourth by the person attacked, that the accordance
civil degree, provided that one making defense had no part with the
therein. provisions of
3. Anyone who acts in defense of First. Unlawful aggression. Art. 80 of this
the person or rights of a stranger, Code.
provided Second. Reasonable necessity
of the means employed to
prevent or repel it
4. Accident 4. Any 1. Person is performing a lawful act
Third that the person defending person who, 2. With due care
be not induced by revenge, while 3. E causes injury to another by mere
resentment, or other evil motive. performing a accident
lawful act 4. Without fault or intention of causing it
4. Any person who, in order to First. That the evil sought to be with due 1. compulsion of irresistible
avoid an evil or injury, does not avoided actually exists; care, causes force.
act which causes damage to Second. That the injury feared an injury by
another, provided that the be greater than that done to mere
following requisites are present; avoid it; accident
without fault
Third. That there be no other or intention
practical and less harmful of causing it.
means of preventing it.

5. Any person who acts in the Accused acted in the

5. Any 1. that the compulsion is by means of
fulfillment of a duty or in the performance of a duty
person who physical force
lawful exercise of a right or office.
act under the 2. that the physical force must be
That the injury caused or the
compulsion irresistable
offense committed be the
of irresistible 3. that the physical force must come from
necessary consequence of the
force. a third person
due performance of duty or the
lawful exercise of such right or
office
6. Any person who acts in That an order has been issued
obedience to an order issued by by a superior 6. impulse of an 6. Any 1. That the threat which causes the fearis
a superior for some lawful uncontrollable fear person who of an evil greater than, or at least equal
purpose. That such order must be for acts under to, that which h is required to commit
some lawful purpose the impulse 2. That it promises an evil of such gravity
of an and imminence that the ordinary man
That the means used by the uncontrollabl would have succumbed to it
subordinate to carry out the said e fear of an
order is lawful equal or
greater injury.

Art. the following

12. Circumstance are exempt
s which exempt from criminal 7. insuperable 7. Any 1. That an act is required by law to be
from criminal liability: cause. person who done
liability. fails to 2. That a person fails to perform such act
perform an 3. That his failure to perform such act is
1. An imbecile or 1. An When the imbecile or an insane person has act required due to some lawful or insuperable
an insane imbecile or committed an act which the law defines as a felony by law, when cause
an insane (delito), the court shall order his confinement in prevented by
person, one of the hospitals or asylums established for some lawful
unless the persons thus afflicted, which he shall not be insuperable
latter has permitted to leave without first obtaining the cause.
acted during permission of the same court.
a lucid
interval.

Art. 13. Mitigating circumstances. — The following are mitigating circumstances;

1. Those mentioned in the preceding chapter, when all the requisites necessary to
2. under nine 2. A person R.A 9344 Juvenile Justice and Welfare Act :15 yrs justify or to exempt from criminal liability in the respective cases are not attendant.
years of age under nine old
2. That the offender is under eighteen year of age or over seventy years. In the case THE confidence of the
of the minor, he shall be proceeded against in accordance with the provisions of Art. offended party
80. 3. That the abuse of
confidence facilitated the
3. That the offender had no intention to commit so grave a wrong as that committed. commission of the crime

4. That sufficient provocation or threat on the part of the offended party immediately
preceded the act. Obvious ungratefulness

5. That the act was committed in the immediate vindication of a grave offense to the
1. That the offended party
one committing the felony (delito), his spouse, ascendants, or relatives by affinity
had trusted the offender
within the same degrees.
2. Abused such trust by
committing a crime
6. That of having acted upon an impulse so powerful as naturally to have produced
against the offended party
passion or obfuscation.
3. That the act be committed
with obvious
7. That the offender had voluntarily surrendered himself to a person in authority or
ungratefulness
his agents, or that he had voluntarily confessed his guilt before the court prior to the
presentation of the evidence for the prosecution;
5. That the crime be 1. When it facilitated the
8. That the offender is deaf and dumb, blind or otherwise suffering some physical committed in the commission of the crime
defect which thus restricts his means of action, defense, or communications with his palace of the Chief 2. When especially sought
fellow beings. Executive or in his for by the offender to
presence, or where insure the commission of
9. Such illness of the offender as would diminish the exercise of the will-power of public authorities are the crime or for the
the offender without however depriving him of the consciousness of his acts. engaged in the purpose of impunity
discharge of their 3. When the offender took
10. And, finally, any other circumstances of a similar nature and analogous to those duties, or in a place advantage thereof for the
above mentioned. dedicated to religious purpose of impunity
worship.
Art. 14. Aggravating The following are
circumstances. aggravating
circumstances:
6. That the crime be
1. That advantage be committed in the night
taken by the offender time, or in an
of his public position. uninhabited place, or
by a band, whenever
2. That the crime be 1. That the public authority I engaged such circumstances
committed in in the exercise of his functions may facilitate the
contempt or with insult commission of the
to the public offense.
authorities.
2. That the public authority is not the Whenever more than
person against whom th crime is three armed
committed malefactors shall have
acted together in the
commission of an
offense, it shall be
3. The offender knows him to be a deemed to have been
public authority committed by a band.

7. That the crime be

committed on the
4. His presence has not prevented the
occasion of a
offender from committing the criminal
conflagration,
act
shipwreck,
earthquake, epidemic
3. That the act be
or other calamity or
committed with insult
misfortune.
or in disregard of the
respect due the
offended party on
account of his rank,
8. That the crime be 1. that the men or persons took part
age, or sex, or
committed with the aid in the commission, directly or
of armed men or indirectly
persons who insure or
afford impunity. 2. that the accuser availed himself of
that is be committed in
their aid or relied upon them when the
the dwelling of the
crime was committed
offended party, if the
latter has not given
provocation.
recidivist 9. That the accused is 1. That the offender is on
a recidivist. trial for an offense
2. That he was previously
4. That the act be Abuse of confidence
A recidivist is one convicted by final
committed with abuse
who, at the time of his judgementof another
of confidence or
1. That the offended party trial for one crime, crime
obvious
had trusted the offender shall have been 3. That both the first and the
ungratefulness.
2. That the offender BUSED previously convicted second offenses are
 by final judgment of
another crime
embraced in the same 4.
title of this Code.
embraced in the same title
of the code
That the offender is
convicted of the new
offense
to insure its execution, Considered present in:
without risk to himself
arising from the mistake in personnae and
defense which the
offended party might aberratio ictus
make.

Reiteracion or 10. That the offender 1. That the accused is on trial for an
habituality has been previously offense
punished by an 17. That means be
offense to which the 2. That he previously served sentence employed or
law attaches an equal for another offense to which the law circumstances
or greater penalty or attaches an equal or greater penalty brought about which
for two or more crimes or 2 or more lighter penalties than that add ignominy to the
to which it attaches a for the new offense natural effects of the
lighter penalty. act.
3. That he is convicted of the new
offense

11. That the crime be Reward must be the primary reason 18. That the crime be
committed in or premordial motive for the committed after an
consideration of a commission of the crime unlawful entry.
price, reward, or
promise.

19. There is an
unlawful entry when
12. That the crime be an entrance of a crime
committed by means a wall, roof, floor,
of inundation, fire, door, or window be
poison, explosion, broken.
stranding of a vessel
or international
damage thereto,
derailment of a 20. That the crime be
locomotive, or by the committed with the aid
use of any other of persons under
artifice involving great fifteen years of age or
waste and ruin. by means of motor
vehicles, motorized
watercraft, airships, or
other similar
13. That the act be 1. The time when the means. (As amended
committed with offender determined to by RA 5438).
evidence commit the crime
premeditation. 2. An act manifestly
indicating that the culprit
has clung to his 21. That the wrong 1. that the injury caused be
determination done in the deliberately increased by causing
3. A sufficient lapse of time commission of the other wrong
between the determination crime be deliberately
and execution, to allow augmented by 2. that the other wrong be
him to reflect upon the causing other wrong unnecessary for the executon of the
consequences of his act not necessary for its purpose of the offender
and to allow his commissions.
conscience to overcome
the resolution of his will

14. That the craft,

fraud or disguise be
employed.

15. That advantage be

taken of superior
strength, or means be
employed to weaken
the defense.

alevosia 16. That the act be 1. That at the time of the

committed with
treachery (alevosia).
There is treachery 2.
when the offender
commits any of the
crimes against the
person, employing
means, methods, or
forms in the execution
thereof which tend
directly and specially
attack, the victim was not
in a position to defend
himself
That the offender
consciously adopted the
particular means, method
or form of attack
employed by him