Art. 12. Circumstances which exempt from criminal liability.

— the following are exempt from criminal liability:

1. An imbecile or an insane person, unless the latter has

acted during a lucid interval.

When the imbecile or an insane person has committed an

act which the law defines as a felony (delito), the court shall
order his confinement in one of the hospitals or asylums
established for persons thus afflicted, which he shall not be
permitted to leave without first obtaining the permission of
the same court.

2. A person under nine years of age.

3. A person over nine years of age and under fifteen, unless he

has acted with discernment, in which case, such minor
shall be proceeded against in accordance with the
provisions of Art. 80 of this Code.

When such minor is adjudged to be criminally

irresponsible, the court, in conformably with the provisions
of this and the preceding paragraph, shall commit him to
the care and custody of his family who shall be charged
with his surveillance and education otherwise, he shall be
committed to the care of some institution or person
mentioned in said Art. 80.

4. Any person who, while performing a lawful act with due

care, causes an injury by mere accident without fault or
intention of causing it.

5. Any person who act under the compulsion of irresistible

force.

6. Any person who acts under the impulse of an

uncontrollable fear of an equal or greater injury.

7. Any person who fails to perform an act required by law,

when prevented by some lawful insuperable cause.
Criminal Law I: Article 12
Page 2 of 2
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Jurisprudence:

1. People v. Genosa 342 SCRA 493 (2000)

419 SCRA 537 (2004)
EXEMPTING CIRCUMSTANCES
I. IMBECILETY/INSANITY
1. People vs. Formigones 87 Phil. 658 (1950)
2. People vs. Puno 105 SCRA 151 (1981)
3. People vs. Diaz 320 SCRA 168 (1999)
4. People vs. Madarang 332 SCRA 99 (2000)
5. People vs. Isla 686 SCRA 267 (2012)
II & III. AGE OF CRIMINAL IRRESPONSIBILITY
1. Read Republic Act No. 9344
2. People vs. Doqueña 68 Phil. 580 (1939)
3. People vs. Nieto 103 Phil. 1133 (1958)
4. Guevarra vs. Almodovar 169 SCRA 476 (1989)
5. People vs. Arpon 662 SCRA 506 (2011)
6. Samahan ng mga Progresibong G.R. No. 225442 August 8,
Kabataan v. Quezon City 2017
See also Justice Leonen’s Separate
Opinion
IV. ACCIDENT
1. U.S. vs. Tanedo 15 Phil. 196 (1910)
2. U.S. vs. Tayongtong 21 Phil. 476 (1912)
3. People vs. Ayaya 52 Phil. 354 (1928)
4. Talampas vs. People 661 SCRA 197 (2011)
V. IRRESISTIBLE FORCE
1. U.S. vs. Caballeros 4 Phil 350 (1905)
2. U.S. vs. Elicanal 35 Phil 209 (1916)
3. People vs. Sarip 88 SCRA 666 (1979)
4. People vs. Loreno 130 SCRA 311 (1984)
VI. UNCONTROLLABE FEAR
1. U.S. vs. Exaltacion 3 Phil. 339(1904)
2. People vs. Rogado 106 Phil 186 (1959)
3. People vs. Anticamara 651 SCRA 489 (2011)
VII. PREVENTED BY SOME LAWFUL OR INSUPERABLE CAUSE
1. U.S. vs. Vicentillo 19 Phil. 118 (1911)
2. People vs. Bandian 63 Phil. 530 (1936)
Instigation and Entrapment
1. U.S. vs. Phelps 16 Phil. 440 (1910)
2. People vs. Lua Chua and Uy Se Tieng 56 Phil. 44 (1931)
3. People vs. Yutuc 188 SCRA 1 (1990)