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Justifying Circumstances 1. Self defense a. Unlawful aggression b. Reasonable necessity of means employed to prevent or repel it c.

Lack of sufficient provocation on part of defender Defense Of Relatives a. Unlawful aggression b. Reasonable necessity of means employed to prevent or repel it c. In case person attacked provoked attacker defender must have no part therein Relatives entitled to defense: 1) Spouse 2) Ascendants 3) Descendants 4) legitimate, natural or adopted Brothers/Sisters 5) Relatives by affinity in the sa me degree 6) Relatives by consanguinity w/in the 4th civil degree 3. Defense Of Strangers a. Unlawful aggression b. Reasonable necessity of the means employed to prevent or repel it c. The person defending be not induced by revenge, resentment or other evil motive 4. Defense Of Property 5. State Of Necessity (Avoidance Of Greater Evil) a. Evil sought to be avoided actually exist b. Injury feared be greater than that done to avoid it c. There is no other practical & less harmful means of preventing it 6. Fulfillment Of Duty Or Lawful Exercise Of Right a. Offender acted in performance of duty or lawful exercise of a right/office b. The resulting felony is the unavoidable consequence of the due fulfillment of the duty or the lawful exercise of the right or office. 7. Obedience Of Superior Order a. Order must have been issued by a superior b. The order is for some lawful purpose c. The means used to carry it out must be lawful Exempting Circumstances



Insanity And Imbecility y IMBECILE one who, while advanced in age, has a mental development comparable to that of children between 2 and 7 years of age. Exempt in all cases from criminal liability y INSANE there is a complete deprivation of intelligence in committing the act but capable of having lucid intervals. During a lucid interval, the insane acts with intelli gence and thus, not exempt from criminal liability. Minority

A person performing a lawful act b. privileged mitigating circumstance (Art. That a person fails to perform such act c. (Art. PD No. That the physical force must come from a third person Uncontrollable Fear a. No Intention to Commit So Grave a Wrong y There must be a notable disproportion between the means employed by the offender compared to that of the resulting felony Sufficient Provocation Or Threat a. also an exempting circumstance. a. b. That the compulsion is by means of physical force. That the threat which causes the fear is of an evil greater than or at least equal to. Without fault or intention of causing it Irresistible Force a. That the physical force must be irresistible. Over 15 yrs old but below 18: exempt from criminal liabilit y & subject to intervention program (If acted w/ discernment: subject to diversion program) Accident a. 192. He causes an injury to another by mere accident d. (Art. 3) o Minor delinquent under 18 years of age. 5. 15 yrs old or below at the time of commission of offense: absolutely exempt from criminal liability but subject to intervention program b. 68) o 18 years or over. 3.. 12.e. 4. That it must originate from the offended party c. an exempting ci rcumstance. full criminal responsibility. i. That the provocation must be immediate to the act.3. 4. That an act is required by law to be done b. 6. 2. That it promises an evil of such gravity and imminence that the ordinary man would have succumbed to it Insuperable or Lawful Causes a. to the commission of the crime by the person who i s provoked. 603 as amended by PD 1179) o Under 18 years of age. With due care c. the sentence may be suspended. 5. par. 12. That the provocation must be sufficient b. unless he acted with discernment (Art. Incomplete Justification and Exemption Under 18 or over 70 years of age y LEGAL EFFECTS OF VARIOUS AGES OF OFFENDER: o Under 9 years of age. that which he is required to commit b. c. par. 2) o Over 9 and under 15 years of age. Immediate Vindication of A Grave Offense . That his failure to perform such act was due to some lawful or insuperable cause Mitigating Circumstances 1.

cripple. That the offender had not been actually arrested. b. whereby his means to act. That the illness of the offender must diminish the exercise of his will-power b. Illness a. That the public authority is engaged in the exercise of his functions. 7. or a stutterer. natural or adopted brothers or sisters. 11. That the offender spontaneously confessed his guilt b. That the confession of guilt was made prior to the presentation of evidence for the prosecut ion Plea To A Lesser Offense Physical Defects y Physical defect referred to in this paragraph is such as being armless. b. Abuse Of Confidence And Obvious Ungratefulness a. that is. his spouse. before the competent court that is to try the case c. legitimate. 12. That the surrender was voluntary. The offender knows him to be a public authority d. 9. The impulse must be so powerful that it n aturally produce passion or obfuscation in him Voluntary Surrender a. ascendants. ABUSE OF CONFIDENCE y That the offended party had trusted the offender . Taking Advantage of Public Office 2. c. That the confession of guilty was made in open court. defend himself or communicate with his fellow beings are limited. b. In Contempt of or with Insult to Public Authorities a.6. A lapse of time is allowed between the vindication and the doing of the grave offense. a. or relatives by affinity within the same degree. That the felony is committed in vindication of such grave offense. 8. Analogous Mitigating Circumstances Aggravating Circumstances 1. That there be a grave offense done to the one committing the felony. That such illness should not deprive the offender of consciousness of his acts. With Insult Or Lack Of Regard Due To Offended Party By Reason Of Rank. That the offender surrendered himself to a person in authority or to the latter¶s agent. Age Or Sex 4. Passion or obfuscation a. descendants. Plea Of Guilt a. That he who is thus engaged in the exercise of his functions is not the person against whom the crime is committed c. The accused acted upon an impulse b. His presence has not prevented the offender from committing the criminal act 3. 10.

That he was previously convicted by final judgment o f another crime c. UNINHABITED PLACE y It is determined not by the distance of the nearest house to the scene of the crime but whether or not in the place of the commission of the offense. Fire.Reiteracion/ Habituality a. Reward.That the offender abused such trust by committing a crime against the offended party y That the abuse of confidence facilitated the commission of the crime b.Price. directly or indirectly b. Poison y . Uninhabited Place. Aid of Armed Men or Means to Ensure Impunity a. NIGHTTIME y The commission of the crime must begin and be accomplished in the nighttime. On Occasion of a Calamity 8. 5. Nighttime. or Promise 12. OBVIOUS UNGRATEFULNESS y That the offended party had trusted the of fender y That the offender abused such trust by committing a crime against the offended party y That the act be committed with obvious ungratefulness. That he is convicted of the new offense 11. Crime In Palace Or In Presence Of The Chief Executive 6. That the accused availed himself of their aid or relied upon them when the crime was committed 9.Inundation. That the offender is on trial for an offense b. Recidivism a. That the offender is convicted of the new offense 10. there was a reasonable possibility of the victim receiving some help c. That the accused is on trial for an offense b. That the armed men or persons took part in the commission of the crime. y The offense must be actually committed in the darkness of the night. With A Band a. That he previously served sentence for another offense to which the law attaches: a) an equal b) or greater penalty c) or for 2 or more crimes to which it attaches a lighter penalty than that of the new offense c. y It must be shown that the offender deliberately sought the cover of darkness and the offender purposely took advantage of nighttime to facilitate the commission of the offense b. That both the first and the second offenses are embraced in the same title of the Code d. BAND y at least be four persons y All of them should be armed y and principals by direct participation 7.

Spouse b.With Aid of Persons under 15. Rules Regarding Treachery y Applicable only to crimes again st persons y Means. or o when the offender and the offended party are relatives of the same level.Superior Strength Or Means To Weaken Defense 16.Treachery (aleviosa) a. Fraud. y When the crime is LESS SERIOUS PHYSICAL INJURIES OR S LIGHT PHYSICAL INJURIES . With the use if a Motor Vehicle a. With the aid of persons under 15 years of age y To repress. That the injury caused be deliberately increased by causing other wrong. so far as possible I. as killing a brother. even if the offended party is a descendant of the offender.Craft.Unlawful Entry 19. Floor. to allow him to reflect upon the consequences of his act and to allow is conscience to overcome the resolution of his will 14. relationship is AGGRAVATING. b. or Disguise 15.Evident Premeditation a.13. a halfbrother or adopted brother.Relationship a.Breaking Wall.Cruelty a. the frequent practice resorted to by professional criminals II. Relative by Affinity y WHERE RELATIONSHIP IS AGGRAVATING: CRIMES AGAINST PERSONS in cases where o the offended party is a relative of a higher degree than the offender (grandson kills grandfather). A sufficient lapse of time between the determination and execution. Ascendant c. Roof 20. By means of a motor vehicle 21. y When CRIME AGAINST PERSONS is any of the SERIOUS PHYSICAL INJURIES (Art. The time when the offender determined to commit the crime b. abrother -in-law. methods or forms need not insure accomplishment of crime y The mode of attack must be consciously adopted 17. Sister f. An act manifestly indicating that the culprit has clung to his determination c.Ignominy 18. Brother e. Descendant d. That the other wrong be unnecessary for the execution of the purpose of the offender Alternative Circumstances 1. to avail themselves of minors b. 263).

exemption from criminal liability in crimes against property g. Spontaneous desistance b. Light felonies not consummated c. Under Article 332. Absolutory Causes a. Accessories in light felonies d. Intoxication o WHEN MITIGATING o There must be an indication that  because of the alcoholic intake of the offender  he is suffering from diminished self-control  It is not the quantity of alcoholic drink  Rather it is the effect of the alcohol upon the offender which shall be the basis of the mitigating circumstance o That offender is  not a habitual drinker and  did not take alcoholic drink with the intention to reinforce his resolve to commit crime o WHEN AGGRAVATING: o If intoxication is habitual o If it is intentional to embolden offender to commit crime 3. Degree of Instruction/ Education o Absolutory Circumstances 1. Acts Not Covered By Law And In Case Of Excessive Punishment . h. There would only be civil liability. Death under exceptional circumstances (Art.if the offended party is a relative of a higher degree than the offender y In CRIMES AGAINST CHASTITY. Trespass to dwelling to prevent serious harm to self f. Entrapment and Instigation 2. o relationship is always aggravating y WHERE RELATIONSHIP IS MITIGATING: o When the CRIME IS LESS SERIOUS PHYSICAL INJURIES OR SLIGHT PHYSICAL INJURIES  if the offended party is a relative of lower degree o Relationship is neither mitigating nor aggravating when relationship is an element of the offense 2. 4. discovering secrets through seizure of correspondence of the ward by their guardian is not penalized j. Accessories exempt under Article 20 e. Under Article 219. Pardon 3. exemptions from criminal liability for cases of theft. 247) i. Ways on how criminal liability is extinguished under Art 89. swindling and malicious mischief.