[REVISED PENAL CODE ans on ‘ ART. 9. Grave felonies, less grave felonies and light {felonies —Grave felonies are those to which the law attachos the Capital punishment or pensltion which in any of their periods are ‘fictive, in accordance with article 2 of this Code. ‘Lose grave felonies are thote which the law punishes with ‘ponsitios which in their maximum period are correctional, in ec: (ordance with the above-mentioned article. ‘Light felonies are those infractions oflaw forthe commassion of ‘which the penalty ofarreso menor ora fine not exceeding 200 petoe tor both, is provided ART. 10. Offenses not subject to the provisions of this Cade —Offenson which are or in the future may be punisheble under special law are not eubject tothe provisions of this Code, This Code shall be supplementary to auch laws, unless the latter Aheuld ape- ally provide the contrary. yy Chapter Two 4 JUSTIFYING CIRCUMSTANCES AND CIRCUMSTANCES ‘WHICH EXEMPT FROM CRIMINAL LIABILITY a on A oe ara pn the vant mene ion tere ee Fe Oe yen name Think, Lack of sufficient provocation on the part ofthe per Sas 2 "Angone who acts in defense ofthe person or rights of his vr naar ate tm ihrer sraee nny ore bear eed Seat ctheeny ae ee Siar Sopeenti cho la cede ged ita e ee e en ean ee ie nee inane sea sa ti pn ce rhs eee antia EXEMPTING CIRCUMSTANCES 5 the first cireumstance ofthis article are present and that the person. defending be not induced by revenge, resentment, or other evil ‘4. Any person who, in order to avoid an evil or injury, does an ‘act which causes damage to another, provided that the following Poquisites are present; it. That the evi! sought to be avoided actual existe; ‘Second. That the injury feared bo greater than that done to avoid its Third, That there be no other practical and lees harmfil ‘means of preventing it 5, Any person who acta in the fulfillment of duty or in the lawful exercise ofa right or fice, ‘superior for some lawful purpose, "ART. 12.” Circumstances which exempt from criminal Uiadilty.~The following are exempt from criminal lability: 1. An imbecile or an insane person, unless the Intter has acted during fed interval, ‘When the imbecile or an insane person has committed an act which the law defiges as a felony (dello), the court shall order his confinement in on.%af the bosptals or’ aaylums established for persons thue affictec \wh'ch he shall not be permitted to leave ‘without first obtaining "xmission of the aame court, ‘2. Apperson under mime years of age. ©" = 8. A person over nine years of age and under fifteen, unless the has acted with discernment, in which cas, auch minor shall be ‘roctaded gait in acnrdance with the provisions of article 80 of thie Code feces eee ee ‘When such minor is adjudged to be criminally iresponsibl, the court, in conformity withthe provisions of this and the preced” ing paragraph, shall commit him to the care and custody of his family who shall be charged with his surveillance and educations otherwise, he shall be committed tothe care of some institution oF ‘person mentioned in said article 80° Art 80 won erly repaid by Tide VII, Chapter 3, No.6, on mgmt Po Re Send Se emmy torn tbe Cette rtd REVISED PENAL CODE ro 4 Any person who, while performing Inwful act with doe are causen an injury by mere acide without fault or intention of cnusing it ‘Any perton who ats under the conpulson of a eres ‘ble fore Any person who acta urer the imps of an uncontrlls ‘ble fear ofan equal o greater injure Any person who fale to perform an ct required bylaw when prevented by rome lawful or insuperable caus Chapter Three ‘CIRCUMSTANCES WHICH MITIGATE ‘CRIMINAL LIABILITY ART 13. Miigtingcrcansonet—Te flloing emi Fa pe mentioned inthe preceding shee, when a he oqites nneanry to Juste nt off exe oe eiminl Tabi inte respective cae re ot attendant Hy 20a ralende in uner eighteen years of OEE Oe seventy oon In the cave ofthe mano, be sll be proceed TaN Sreardance withthe provina of rice 80° rtp fender bed no nation fom 0 FAVE verong a that commited, tat wun provcatin or thet fend arty median proceed 2 a cn commen th edit indzaton x uve fence tothe ona commiting the felony (dele) bit ms sccnant ngtiet, natal ot adopted EOS een erly alinty within he ame dees Sr er vang wed oven an impulse 90 power #8 sat tbave produced pasion PRS, 1. That the offender had voluntarily surrendered himself to penitent, tha Bd vlna paren in anor ter pir the posenation ofthe Avidence forthe proseestion 1 the part of the arc -AcoRAVATINGCIRCUMSTANCES 1 That the lender is deaf and dumb, blind or etherwise souGering some physical defect which thax restricts is means of ‘tion, Sfone, or communiation with his fallow beings. ‘2 Bath ilines of the ollender a would diminish the exercise of ha willpower of the ofender without however depriving him of Consciaunnsn of hia at, 10, Ad nally any ober crcmstence of similar mature snd anclogo to thote above mentioned. (Chapter Four CIRCUMSTANCES WHICH AGGRAVATE (CRIMINAL LIABILITY ART. 13. Aggrovatingcrumatances—The follwing are ag- Ty That advantage be taken by the offender of his publi sin, 2." That the crime be commited in contempt of or with neat tetera he et be commited with nul or in iaregardof the respect ue tothe offended party en account ef his rank, age or wx, tr that ithe commited in the dling ofthe offended party the Tater hasnt given provoeaticn. “dThat the act be committed with abuse of confidence or vious ungratefulnes ': That the crime be commited in the palace ofthe Chet Executive, ot in his presence, or where public nthoritis are en _gngod in the discharge oftheir due, or ina place dedested to ‘aligious worship. Tat the crime be commited inthe nightie, or in an uninhabited place, oy sand, whenever such creumatanes may ‘ela the commision ofthe oes “Whenever more than thre armed malefctors ball have ated together in the commission ofen offense itshallbedr tohave ben commited by a band % tte ptr aras tn chips earths cpdem er er laity A wor~ eee ee eerie oh ana seem e ero cee asta Rename can mas nut pace somone ea gta meena a That the ect bo commited with evident premeditation A Ratt creenan mee ve emt tn et be commited wit treachery alevosc) cnt et enn iy, ie, amt tae sar means be employed or circumstances brought about ieee cenhsaetaticnan aay ~ een aes Fe connimccie Senseo tn er ens wh a es vei te in re Sh at supine asta nc raeanc re Tame SORA Annotations Re: Treachery, 20 SRA 90 and the Aasravating ARTS:616 CRIMINALLY LIABLEFORFELONIES 2 21. ‘That the wrong done in the comminsion of the erime be eliberately augmented by causing other wrong not necessary for ite Chapter Five ALTERNATIVE CIRCUMSTANCES ART 15. Their concept —Alternetive circumstances are those ‘which mst be taken into consideration as aggravating or mitigat- ing according to the nature and effects of the crime and the other conditions attending ts commission. They are the relationship, intoriation and the degree of instruction and education of the ofende "Tho alternative circumstance of relationship ahall be taken into consideration when the offended party isthe spouse, ascendant, ascendant, legitimate, natursl, or adopted brother or sister oF relative by alliity in the name degrees of the offender. ‘The intoxication ofthe offander shall be taken into considera- tion as a mitigating circumstance when the offender has committed felony in a atate of intoxication, if the same ia not habitual or ‘subsoquent tothe plan to commit said felony; but when the intoxiea tion is habitual or intentional, it shal be considered aa an aggravat ing clreumstence TITLE TWO PERSONS CRIMINALLY LIABLE FOR FELONIES ART 16. Who are criminally lable —The following are erimi- nally linble for grave "nd less grave felon 1." Principal 2 Accomplices 3. Acceaorios, ‘The following are criminally lable for light felonies: 1. Principal 2 Accomplices, ‘+ S00 SCRA Annotetion Re: When to Appreciate the Aggravating (Circumstance of Crotty, 124 SCRA 603,