CIRCUMSTANCES AFFECTING CRIMINAL LIABILITY
I. JUSTIFYING CIRCUMSTANCES (ART. 11)
A. SELF DEFENSE (PAR. 1)
1. unlawful aggression
2. reasonable necessity of means
employed to prevent or repel it.
3. lack of sufficient provocation
B. DEFENSE OF RELATIVES (PAR. 2)
1. unlawful aggression
2. reasonable necessity of means
employed
3. one defending had no part therein
C. DEFENSE OF STRANGER (PAR. 3)
1. unlawful aggression
2. reasonable necessity of means employed
to prevent or repeal it
3. one defending be not induced with
revenge, resentment, or other evil intent.
D. AVOIDANCE OF GREATER EVIL/INJURY
(PAR.4)
1. evil sought to be avoided actually exists
2. injury feared be greater than that done
to avoid it.
3. there be no other practical and less
harmful means of preventing it
E. FULFILMENT OF A DUTY (PAR. 5)
1. accused acted in the performance of a
duty/lawful exercise of a right or office
2. inquiry caused/offense committed be the
necessary consequence of the due
performance of duty
F. OBEDIENCE TO AN ORDER ISSUED FOR
SOME LAWFUL PURPOSE (PAR. 6)
1. order has been issued superior
2. order must be for some lawful purpose
3. means used by subordinate to carry out
order is lawful
II. EXEMPTING CIRCUMSTANCE (ART. 12)
A. IMBECILITY OR INSANITY
- Dementia
- Schizophrenia
-Kleptomania
 While in a dream
(somnambulism/sleepwalking)
 hypnotism
 malignant malaria (in delirium)
B. PERSONS UNDER 9 YEARS OF AGE
C. OVER 9 YEARS BELOW 15 YEARS
- unless he has acted with DISCERNMENT:
 Manner of committing crime
 Conduct of offender
PERIODS OF CRIMINAL RESPONSIBILITY
FROM RA 9344
 15 years below – ABSOLUTE
irresponsibility
 15 yrs. 1 day – 18 years –
CONDITIONAL responsibility
 18 yrs. – 70 – FULL responsibility
 15 yrs. 1 day – 18 yrs. – MITIGATED
responsibility
D. ACCIDENT/LAWFUL ACT WITH DUE CARE
1. person is performing lawful act
2. with due care
3. causing an injury by mere accident
4. without fault/intention of causing it
E. IRRESISTIBLE FORCE
1. compulsion by means of physical force
2. physical force must be irresistible
3. physical force must come from third
person
F. UNCONTROLLABLE FEAR
1. threat which causes the fear is of an evil
greater than or at least equal to that
which he is required to commit.
2. It promises an evil of such gravity and
imminence that the ordinary man would
have succumbed to it.
G. FAILURE TO PERFORM AN ACT REQUIRED BY
LAW PREVENTED BY LAWFUL OR
INSUPERABLE CAUSE
1. act is required by law to be done
2. person fails to perform such act
3. his failure to perform was due to some
lawful or insuperable cause
 ABSOLUTORY CAUSES – act is a crime but 3. Incomplete DEFENSE OF STRANGER
through public policy and sentiment, there is 4. Incomplete STATE OF NECESSITY
no penalty involved 5. Incomplete PERFORMANCE OF DUTY
6. Incomplete OBEDIENCE TO ORDER OF
 Art. 6 – spontaneous desistance SUPERIOR
 Art. 20 – accessories 7. Above 15 y/o below 18 y/o
 Art. 124 – Arbitrary Detention and 8. Incomplete injury by mere accident
Expulsion – crime, violent insanity 9. Incomplete uncontrollable fear
requiring compulsory requirement B. UNDER 18 YRS. OVER 70 YRS.
- with discernment (Art. 80)
are legal grounds of detention
C. OFFENDER HAD NO INTENTION TO
 Art. 247 – death or physical injuries
COMMIT SO GRAVE A WRONG AS THAT
inflicted under exceptional
COMMITTED
circumstance (destierro/exemption)
- praeter intentionem
 Art. 280
- notable and evident disproportion
 Art. 332
between the means employed to
 Art. 334
execute the criminal act and its
ENTRAPMENT INSTIGATION consequences.
Means originates from Law enforcer conceives
the criminal the commission of crime LOOK INTO:
Ways and means are Induces the would-be
 weapon used
resorted accused; instigator
would be co-principal  part of the body injured
No bar for prosecution Accused must be  injury inflicted
acquitted  manner it is inflicted
D. SUFFICIENT PROVOCATION OR THREAT ON
Person has Officer/detective
planned/about to induces innocent person THE PART OF THE OFFENDED (PAR. 4)
commit a crime and to commit a crime and 1. provocation must be sufficient
ways and means are arrest him after the 2. must originate from the offended party
resorted by a public commission of a crime 3. provocation immediate to the act
officer to trap and catch E. ACT WAS COMMITTED IN THE IMMEDIATE
the criminal VINDICATION OF A GRAVE OFFENSE TO THE
ONE COMMITTING FELONY TO HIS
SPOUSE, ASCENDANTS, DESCENDANTS,
JUSTIFYING EXEMPTING
LEGITIMATE, NATURAL OR ADOPTED
CIRCUMSTANCES CIRCUMSTANCES
BROTHERS AND SISTERS, OR RELATIVES BY
does not transgress law there is a crime but NO
criminal liability AFFINITY WITHIN THE SAME DEGREE. (PAR.
5)
1. there be a grave offense done to the
III. MITIGATING CIRCUMSTANCES (ART. 13) one committing the felony, his spouse,
- Diminution of elements of culpa or dolo etc.
- Lesser perversity of offender 2. the felony is committed in vindication of
A. MENTIONED IN PRECEDING CHAPTER (11 & such grave offense. A lapse of time is
12 JUSTIFYING & EXEMPTING CIRC.) allowed between vindication and the
1. Incomplete SELF DEFENSE doing of the grave offense.
2. Incomplete DEFENSE OF RELATIVES
F. HAVING ACTED UPON AN IMPULSE SO
POWERFUL AS NATURALLY TO HAVE
PRODUCED PASSION OR OBFUSCATION
(UNCONTROLLABLE FURY) (PAR. 6)
1. accused acted upon impulse
2. impulse must be so powerful that it
naturally produced passion or
obfuscation in him.
G. VOLUNTARY SURRENDER OR VOLUNTARY
CONFESSION OF GUILT (PAR. 7)
 VOLUNTARY SURRENDER
1. offender had not been actually
arrested
2. offender surrendered to a person
in authority or its agent
3. surrender was voluntary
o spontaneous in such a
manner
o shows the interest of the
accused to surrender
unconditionally
o acknowledged his guilt
because he wishes to saves
them the trouble and
expenses necessarily incurred
in his search and capture
 GUILTY PLEA
1. Offender spontaneously
confessed guilt
2. Confession of guilt was made in in
open court, before the
competent court that is to try the
case
3. Confession of guilt was made
prior to presentation of evidence
for the prosecution.
H. OFFENDER IS DEAF AND DUMB, BLIND OR
OTHERWISE SUFFERING FROM SOME
PHYSICAL DEFECT WHICH THUS RESTRICTS
HIS MEANS OF ACTION, DEFENSE, OR
COMMUNICATION WITH HIS FELLOW
BEINGS. (PAR. 8)
I. SUCH ILLNESS OF THE OFFENDER AS
WOULD DIMINISH THE EXERCISE OF THE
WILLPOWER OF THE OFFENDER WITHOUT
HOWEVER DEPRIVING HIM OF
CONSCIOUSNESS OF HIS ACTS (PAR. 9)
1. The illness of the offender must
diminish the exercise of his will-power.
2. Such illness should not deprive the
offender of consciousness of his acts.
J. ANY OTHER CIRCUMSTANCE OF A SIMILAR
NATURE AND ANALOGOUS TO THOSE
ABOVEMENTIONED (PAR. 10)
IV. AGGRAVATING CIRCUMSTANCES (ART.
14)
A. TAKING ADVANTAGE OF PUBLIC POSITION
1. Offender is a public officer
2. Availed of the influence or reputation
inherent in his position
3. For purpose of committing the crime
B. CRIME COMMITTED IN CONTEMPT OF OR
WITH INSULT TO PUBLIC AUTHORITIES
1. Public authority engaged in the exercise
of his functions
2. He who is thus engaged in the exercise of
his function is NOT the person whom the
crime is committed
3. Offender knows him to be a public
authority
4. Presence has not prevented the offender
from committing the criminal act.
C. CRIME COMMITTED (1) WITH INSULT OR IN
DISREGARD OF THE RESPECT DUE THE
OFFENDED PARTY ON ACCOUNT OF HIS (A)
RANK (B) AGE OR (C) SEX OR (2) THAT IT BE
COMMITTED IN THE DWELLLING OF THE
OFFENDED PARTY IF THE LATTER HAS NOT
GIVEN PROVOCATION
D. ACT COMMITTED WITH (1) ABUSE OF
CONFIDENCE OR (2) OBVIOUS
UNGRATEFULNESS
1. Offended party had trusted the offender
2. Offender abused such trust by
committing a crime against the offended
party
 3. Abuse of confidence facilitated the
commission of the crime
E. CRIME COMMITTED IN THE PALACE OF THE
CHIEF EXECUTIVE, OR IN HIS PRESENCE, OR
WHERE PUBLIC AUTHORITIES ARE
ENGAGED IN THE DISCHARGE PF THEIR
DUTIES, OR IN A PLACE DEDICATED TO
RELIGIOUS WORSHIP.
F. CRIME COMMITTED (1) ON NIGHTTIME, OR
(2) IN AN UNINHABITED PLACE, OR (3) BY A
BAND, WHENEVER SUCH CIRCUMSTANCE
MAY FACILITATE THE COMMISSION OF THE
OFFENSE.
G. THE CRIME COMMITTED ON THE OCCASION
OF A CONFLAGRATION, SHIPWRECK,
EARTHQUAKE, EPIDEMIC OR OTHER
CALAMITY OR MISFORTUNE.
H. THE CRIME BE COMMITTED WITH THE AID
OF (1) ARMED MEN, OR (2) PERSONS WHO
INSURE OR AFFORD IMPUNITY
1. That armed men or persons took part in
the commission of the crime, directly or
indirectly
2. The accused availed himself of their aid
or relied upon them when the crime was
committed.
EXCEPTIONS
1. Both the attacking party and the party
attacked were equally armed
2. When the accused as well as those who
cooperated with him in the commission
of the crime acted under the same plan
and the same purpose
3. The others were only “casually present”
and the offender did not avail himself of
any of their aid or when he did not
knowingly count upon their assistance in
the commission of the crime
I. THE ACCUSED IS A RECIDIVIST
Recidivist – a habitual criminal; an
incorrigible criminal. One who makes a trade
of crime or misdemeanor, commits one
again. A relapse. (Black’s Law Dictionary)
1. Offender is on trial for an offense
2. He was previously convicted by final
judgment of another crime
3. That both the first and the second
offenses are embraced in the same title
of the Code
4. That the offender is convicted of the new
offense
J. OFFENDER HAS BEEN PREVIOUSLY
PUNISHED FOR AN OFFENSE TO WHICH THE
LAW ATTACHES AN EQUAL OR GREATER
PENALTY OR FOR TWO OR MORE CRIMES
TO WHICH IT ATTACHES A LIGHTER PENALTY
1. The accused is on trial for an offense
2. He previously served sentence for
another offense to which the law
attaches an equal or greater penalty, or
for two or more crimes to which it
attaches lighter penalty than that for the
new offense
3. He is convicted of the new offense
FOUR FORMS OF REPITITION
1. RECIDIVISM
2. REITERACION OR HABITUALITY
3. MULTI-RECIDIVISM OR HABITUAL
DELINQUENCY – a person within
a period of ten years from the
date of his release or last
conviction of the crimes serious
or less serious physical injuries,
robbery, theft, estafa, or
falsification is found guilty of any
of said crimes a third time or
oftener
4. QUASI-RECIDIVISM – commit a
felony after having been
convicted by final judgment,
before beginning to serve such
sentence, or while serving the
same shall be punished by the
maximum period of the penalty
prescribed by law for the new
felony.