Justifying

1. SELF-DEFENSE Circumstances v. Fulfillment of duty

REQUISITES:
a. Unlawful aggressio
b. Reasonable necessity of the
means employed to prevent
or repel i
c. Lack of su cient
provocation on the part of
the person defending
himself
REQUISITES:
• are those where the act of a person is said
to be in accordance with law, so that such a. The accused acted in the
person is deemed not to have transgressed performance of a duty or in the
the law lawful exercise of a right or
o c
b. The injury caused or the o ense
committed be the necessary
iii. Defense of stranger consequence of the due
REQUISITES: performance of duty or the
a. Unlawful aggressio lawful exercise of such right or
o ce
b. Reasonable necessity of the
means employed to prevent
or repel i

c. The person defending be not

ii. Defense of relatives
REQUISITES:
a. Unlawful aggressio
b. Reasonable necessity of the
means employed to prevent
or repel i
c. In case the provocation was
given by the person attacked,
the one making the defense
had no part therein
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induced by revenge,
vi. Obedience to an order issued for
resentment or other evil some lawful purpose
motive REQUISITES:
a. That an order has been issued
by a superio
b. That such order must be for
some lawful purpos
iv. AVOIDANCE OF GREATER EVIL OR c. That the means used by the
INJURY subordinate to carry out said
REQUISITES: order is lawful
a. the evil sought to be avoided
actually exist
b. the injury feared be greater
than that done to avoid i
c. There be no other practical
and less harmful means of
preventing it

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UNLAWFUL AGGRESSION
• It is an indispensable elemen
• w/o it, there’ll be nothing to repe
• there must be an actual physical assault
upon a person, or at least a threat to
in ict real injur
• when there’s no peril to one’s life, limb
or right, there is no unlawful aggression
Peril to one's life
• Actual- danger must be presen
• Imminent- danger is on the point of
happening. It is not required that the
attack already begins
Peril to one's LIMB
• includes peril to the safety of one’s
person from physical injuries
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1. SELF-DEFENSE
REQUISITES:
a. Unlawful aggressio
b. Reasonable necessity of the
means employed to prevent Lack of sufficient
or repel i provocation
c. Lack of su cient
• The provocation must be su cient,
provocation on the part of
which means that it should be
the person defending
proportionate to the act of aggression
himself
and adequate to stir the aggressor to its
commission
REASONABLE NECESSITY
• The reasonableness of either or both
such necessity depends on the existence
of unlawful aggression and upon the
nature and extent of the aggression

 BATTERED WOMAN SYNDROME

• refers to a scienti cally de ned pattern of psychological and
behavioral symptoms found in women living in battering
relationships as a result of cumulative abuse

BATTERED WOMAN effect of battery

• Believes that she is responsible for the violent behavio
• repeatedly subjected to any forceful physical or • She feels unsafe, su er from pervasive anxiety, and usually
psychological behavior by a man in order to coerce her fail to leave the relationshi
to do something he wants her to do w/o concern for • Unless a shelter is unavailable, she stays with her husband,
her right not only because she typically lacks a means of self-support,
but also because she fears that if she leaves, she would be
COMMON PERSONALITY TRAIT
found and hurt even mor
• low self-estee
• traditional beliefs about the hom
• the family and the female sex rol
• emotional dependence upon the dominant mal
• tendency to accept responsibility for the batterer’s action
• false hopes that the relationship will improv

CYCLE OF VIOLENCE
I. TENSION BUILDING ii. acute battering incident iii. tranquil, loving phase
• Minor batterin • characterized by brutality, destructiveness • couple experience profound relie
• could be verbal or slight physical and, sometimes deat • batterer may show a tender and nurturing
abuse or another form of hostile • battered woman deems the incident as behavior towards his partner. He knows
behavio unpredictable, yet also inevitabl that he has been viciously cruel and tries
• the woman usually tries to pacify the • she has no control, only the batterer may to make up for it, begging for her
batterer through a show of kind, put an end to the violence forgiveness and promising never to beat
nurturing behavior, or by simply her agai
staying out of his way • battered woman convince herself that
battery will never happen again and that
her partner will change for the better
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 ii. Defense of relatives iii. Defense of stranger

REQUISITES: REQUISITES:
a. Unlawful aggressio a. Unlawful aggressio

b. Reasonable necessity of the b. Reasonable necessity of the

means employed to prevent means employed to prevent
or repel i or repel i

c. In case the provocation was c. The person defending be not

given by the person attacked, induced by revenge,
the one making the defense resentment or other evil
had no part therein motive

who can be defended? who are strangers?

• Spous • Any person not included in the
• Ascendant enumeration of relatives mentioned in
• Descendant par. 2 is considered strange
• Legitimate, natural or adopted brothers • even a close friend or distant relative
and sisters, or relatives by a nity in
the same degree
• Relatives by consanguinity within the
4th civil degree

BY AFFINITY
• By marriage (Parents in law, son or
daughter in law…)

by consanguinity
• Blood relatives
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 iv. AVOIDANCE OF GREATER EVIL OR v. Fulfillment of duty

INJURY REQUISITES:
REQUISITES: a. The accused acted in the
performance of a duty or in the
a. the evil sought to be avoided lawful exercise of a right or
actually exist vi. Obedience to an order issued for o c
b. the injury feared be greater some lawful purpose b. The injury caused or the o ense
than that done to avoid i REQUISITES: committed be the necessary
c. There be no other practical consequence of the due
a. That an order has been issued
and less harmful means of performance of duty or the
by a superio
preventing it lawful exercise of such right or
b. That such order must be for
o ce
some lawful purpos
c. That the means used by the
subordinate to carry out said
order is lawful
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 EXEMPTING
I. IMBECILITY OR INSANITY Circumstances
the impulse of uncontrollable
• grounds for exemption from punishment
• When there’s a complete deprivation of
because there is wanting in the agent of
intelligence freedom of thr wil
the crime any of the conditions which
• An insane person is not so exempt if it can be
make the act voluntary or negligent
shown that he acted during a lucid interval.
• An Imbecile is exempt in all cases of criminal
liability
• TWO TESTS OF INSANIT
IV. A PERSON PERFORMING A LAWFUL ACT
W/ DUE CARE, CAUSES INJURY, BY MERE
a. TEST OF COGNITION: complete deprivation of ACCIDENT W/O FAULT OR INTENTION OF
intelligence in committing the crim
CAUSING IT
b. TEST OF VOLITION: total deprivation of REQUISITES
freedom of will A. A person is performing a lawful ac
B. with due car
C. he causes injury to another by mere acciden
II. PERSONS UNDER 15 YRS D. Without fault or intention of causing it
vi. A person who acts under
fear of an equal or greater
injury
REQUISITES
a. That the threat which causes the fear is of an
evil greater than, or at least equal to, that which
he is required to commi
b. That it promised an evil of such gravity and
imminence that the ordinary man would have
succumbed to i
DURESS as a valid defense should be based on real,
imminent or reasonable fear for one’s life or limb
and should not be speculative, fanciful, or remote
fea
Hence, duress is unavailing where the accused had
every opportunity to run away if he had wanted to,
or to resist any possible aggression because he was
also arme

OF AGE DISTINGUISH FROM IRRESISTIBLE FORC

• In irresistible force (par 5), the o ender uses
violence or physical force to compel another
v. A person who act under the person to commit a crim
• In uncontrollable fear (par 6), the o ender
compulsion of an irresistible employs intimidation or threat in compelling
force another to commit a crime

III. PERSON IS ABOVE 15 REQUISITES

A. That the compulsion is by means of physical
BUT BELOW 18 UNLESS HE forc
B. That the physical force must be irresistibl
vii. a person who fails to
perform by law, when
ACTED WITH DISCERNMENT C. That the physical force must come from a third
person prevented by some lafwul or
DISCERNMENT: mental capacity to fully insuperable cause
REQUISITES
appreciate the consequences of an unlawful ac A. That an act is required by law to be don
can be shown by: the manner of crime B. That a person fails to perform such ac
committed; the conduct of the o ender after its C. That his failure to perform such act was due to
commission some lawful or insuperable cause
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 5. vindication of grave offense

MITIGATING 3. NO INTENTION TO COMMIT SO 1. There be a grave o ense done to the one

Circumstances 1.
GRAVE A WRONG
If the o ender had no intention to commit
committing the felony, his spouse,
ascendants, descendants, legitimate,
• those which, if present in the so grave a wrong as that committed, he is natural or adopted brothers or sisters, or
commission of the crime, do not entirely entitled to a mitigating circumstance. This relatives by a nity within the same
free the actor from criminal liability, but can be taken into account only when the degree
facts proven show that there is a notable 2. The felony is committed in vindication of
serve only to reduce the penalty.
and evident disproportion between the such grave o ens
means employed to execute the criminal
I. IMBECILITY OR INSANITY act and its consequences. 
 [Immediate vindication means proximate.
• Applies when all the requisites necessary to Hence, a lapse of time is allowed between the
justify the act are not attendan 2. This paragraph is not applicable to vindication and the doing of the grave o ense
• But in the case of “incomplete self-defense, culpable felonies.
defense of relatives, and defense of stranger,
unlawful aggression must be present, it being
an indispensable requisite

2. under 18 or over 70 4. PROVOCATION OR THREAT

1. The age of absolute irresponsibility - Under 9 PROVOCATION: understood as any unjust or
years of age, an exempting circumstance (Art. improper conduct or act of the o ended party,
12, par. 2); 

capable of exciting, inciting, or irritating any one
2. The age of mitigated responsibility - Over 9 and
under 15 years of age, acting without REQUISITE
discernment is also an exempting circumstance, 1. Provocation must be su cien
(Art. 12, par. 3; see Art. 68, par. 1); 
 2. It must originate from the o ended part
3. The provocation must be immediate to the
3. Minor delinquent (under 18 years of age), the commission of the crime by the person who is
sentence may be suspended (Art. 192, PD 603, as provoke
amended by PD 1179); 

[The threat should not be o ensive and positively
4. Under 18 years of age, privileged mitigating strong. Otherwise, the threat to in ict real injury
circumstance (Art. 68); 

is an unlawful aggression, which may give rise to
self-defense
5. age of full responsibility - 18 years or over, full
criminal responsibility; 


6. The age of mitigated responsibility - 70 years or

over, mitigating circumstance (Art. 13, par. 2), no
imposition of death penalty (Art. 47, par. 1),
execution of death sentence if already imposed is
suspended and commuted (Art. 83).
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 7. surrender and confession of

MITIGATING guilt
• Voluntary surrender to a person in authority 

or his agents. 9. Illness of the offender
Circumstances • Voluntary confession of guilt before the court,
prior to the presentation of evidence for the
REQUISITES
a. That the illness of the o ender diminished the
prosecutio
exercise of his will powe
b. That such illness should not deprive the
6. Passion or obfuscation REQUISITES OF VOLUNTARY SURRENDER (ASV
o ender of consciousness of his acts
a. O ender had not been actually arreste
REQUISITE
b. O ender surrendered himself to a person in
1. The accused acted upon an impuls
authority or to the latter’s agen
2. The impulse must be so powerful that it
c. The surrender was voluntar
naturally produced passion or obfuscation in
hi
WHEN SURRENDER VOLUNTARY 10. similar and analogous
• Must be spontaneous, showing the intent of the circumstances
[The threat should not be o ensive and positively
accused to submit himself unconditionally to
strong. Otherwise, the threat to in ict real injury
the authorities, either because
is an unlawful aggression, which may give rise to • Authorizes the court to consider in favor of the
self-defens • He acknowledges his guil accused “any other circumstance of a similar
• He wishes to save them the trouble and nature and analogous to those mentioned” in
expense necessarily incurred in his search &
REQUISITES OF MITIGATING CIRCUMSTANCE OF paragraphs 1 to 9 of Article 13.
captur
PASSION OR OBFUSCATIO
1. That there be an act, both unlawful and
REQUISITES OF VOLUNTARY PLEA OF GUILT
su cient to produce such a condition of min
a. O ender spontaneously confessed his guil
2. The said act which produced the obfuscation
b. Confession was made in open court, that is,
was not far removed from the commission of
before the competent court that is to try the
the crime by a considerable length of time,
cas
during which the perpetrator might recover
c. Confession of guilt was made prior to the
his normal equanimity
presentation of evidence for the prosecution
REASON: When there are causes naturally
producing in a person powerful excitement, he 8. Physical defect of the offender
loses his reason and self-control, thereby
PHYSICAL DEFECT: referred to in this paragraph
diminishing the exercise of his will powe
is such as being armless, cripple, or a stutterer,
whereby his means to act, to defend himself, or
EXCEPTIONS
to communicate with his fellow human beings, is
1. The act is committed in a spirit or
limited. However, it is essential that the physical
lawlessnes
defect has some relation to the crime committed
2. The act is committed in a spirit of revenge
by him.
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 THAT THE CRIME BE COMMITTED IN THE

DWELLING OF THE OFFENDED PART
aggravating 3. disregard of rank, age, sex of
offended party; or commission in REASON

Circumstances the dwelling of the offended party

[If all the 4 circumstances enumerated in this
paragraph are present, they have the weight of
a. The The abuse of con dence which the
o ended party reposed in the o ender by
opening the door to him; or
• those which, if attendant in the only one aggravating circumstance b. The violation of the sanctity of the home by
commission of the crime, serve to trespassing therein with violence or against
increase the penalty without, however, THAT THE ACT BE COMMITTED W/ INSULT OR the will of the owne
exceeding the maximum of the penalty IN DISREGARD OF THE RESPECT DUE THE
provided by law for the o ense. OFFENDED PARTY ON ACCOUNT OF THE DWELLING: must be a building or structure,
a. rank of the o ended party. There must be a exclusively used for rest and comfort. It includes
di erence in the social condition of the dependencies, the foot of the staircase and
i. Advantage taken of public o ender and the o ended party.
 enclosure under the hous
position b. age of the o ended party. Applies to cases [There must be no provocation. Provocation: (1)
TEST: Did the accused abuse his o ce in order to
where the victim is of tender age as well as of given by the owner of the dwelling, (2)su cient;
commit the crime
old age.
 (3) immediate to the commission of the crime]
not applied in
c. sex of the o ended party. This refers to the For this circumstance to be considered, it is NOT
a. Falsi cation of document by public o cer
female sex, not to the male sex necessary that the accused should have actually
b. Accessories under Article 19, par.
entered the dwelling of the victim to commit the
c. Crimes committed by public o cers
[This circumstance is applicable only in crime o ense. It is enough that the victim was attacked
against persons or honor inside his own house, although the assailant may
ii. contempt or insult to public have devised means to perpetrate the assault
authorities NOT AGGRAVATING IN from without.
REQUISITES:
a. When the o ender acted with passion and
a. That the public authority is engaged in the NOT AGGRAVATING:
obfuscation
exercise of his functions. a. When both o ender and o ended party are
b. When there exists a relationship between the
b. That he who is thus engaged in the exercise occupants of the same house, even if the
o ended party and the o ender
of said functions is NOT the person against o ended party is a servant in the house.
c. When the condition of being a woman is
whom the crime is committed. • BUT in adultery, it is still aggravating even if it
indispensable in the commission of the crime.
c. The o ender knows him to be a public was also the dwelling of the unfaithful wife,
Thus, in (1) parricide, (2) abduction, (3)
authority. because of a very grave o ense against the
d. His presence has not prevented the o ender seduction and (4) rape in Art. 266-A par.1,
head of the house. BUT the rule is again
from committing the criminal act. 
 sex is not aggravating
di erent if both the unfaithful wife and the
• Is disregard of sex absorbed in treachery? The
paramour were living, and had the right to
[Knowledge that a public authority is present is aggravating circumstance of disregard of sex
live, in the same house of the o ended
essential and age are NOT absorbed in treachery because
spouse
treachery refers to the manner of the
b. In robbery by use of force upon things and
PUBLIC AUTHORITY: a public o cer who is commission of the crime, while disregard for
trespass to dwelling because dwelling is inherent.
directly vested w/ jurisdiction, that is, a public sex and age pertains to the relationship to the
o cer who has the power to govern and execute victim (P v. Lapaz; March 31, 1989)
the laws.
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 aggravating v. places of commission vi. nightime, uninhabited place;

Circumstances PLACES
a. Palace of the Chief Executiv
band
b. In the presence of the Chief Executiv 1. When it facilitated the commission of the 

iv. abuse of confidence or obvious c. Where public o cers are engaged in the crime; or 

discharge of their dutie
ungratefulness d. Place dedicated to religious worship 2. When it was especially sought for by the 

o ender to insure the commission of the 

REQUISITES OF CONFIDENC
crime or for the purpose of impunity; or 

a. That the o ended party had trusted the
o ende 3. When the o ender took advantage thereof 

b. That the o ender abused such trust by for the purpose of impunity.
committing a crime against the o ended
part
c. The the abuse of con dence facilitated the ix. RECIDIVIST
commission of the crim REQUISITES
a. O ender is on trial for an o ens
REQUISITE OF OBVIOUS UNGRATEFULNES b. He was previously convicted by nal
a. The the o ended party had trusted the judgement of another crim
c. Both the rst and second o enses are
o ende VIII. aid of armed men embraces in the same title of the Cof
b. The o ender abused such trust by REQUISITES
committing a crime against the o ended d. O ender is convicted of the new o ense
a. That armed men or persons took part in the
part commission of the crime, directly or indirectl
c. The act be committed with obvious b. That the accused availed himself of their aid x. reiteracion or habituality
ungratefulnes or relied upon them when the crime was REQUISITES
committe a. Accused is on trial for an o ens
[The con dence between the o ender and the b. He previously served sentence for 

o ended party must be immediate and personal] EXCEPTIONS: another o ense to which the law attaches an
a. when both the attacking party and the party equal or greater penalty, or for two or more
attacked were equally arme crimes to which it attaches lighter penalty
VII. ON OCCASION Of calamity/ b. when the accused as well as those who than that for the new o ense.
misfortune cooperated with him in the commission of the c. That he is convicted of the new o ense.
crime acted under the same plan and for the
• THE REASON for the existence of this same purpose FORMS OR REPETITIO
circumstance is found in the debased form of
a. Recidivis
criminality met in one who, in the midst of a
b. Reiteracio
great calamity, instead of lending aid to the
c. Multi-recidivis
a icted, adds to their great su ering by taking
d. Quasi-recidivism
advantage of their misfortune to despoil them.
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 aggravating 14. craft, fraud, or disguise

CRAFT: involves the use of intellectual trickery or
Circumstances cunning on the part of the accused

FRAUD: involves the use of insidious words and 16. treachery

11. PRICE, REWARD, or promise machination, used to induce the victim to act in a
• There are 2 or more principals. The one who manner, which would enable the o ender to REQUISITES
gives and the one who receive carry out his design a. That at the time of the attack, the victim was
• Evidence must show that one of the accused not in a position to defend himself;
used money or other valuable consideration for DISGUISE: involves resort to any device in order b. That the o ender consciously adopted the
the purpose of inducing another to perform the to conceal identity particular means, method or form of the
dee attack employed by him.
• It a ects not only the person who received the
price, but also the person who gave it RULES
a. Applicable only to crimes against persons
b. Means, methods, or forms need not insure 

15. superior strength, or means to accomplishment of crime.
12. by means of inundiation, fire… weaken the defense c. The mode of attack must be consciously 

• Any of the circumstances in Par. 12 cannot be adopted.
considered to increase the penalty or to change a. Superior Strength - To take advantage of d. Must be present at the proper time.
the nature of the o ense unless used by the superior strength means to use purposely, e. Treachery absorbs abuse of superior 

o ender as a means to accomplish a criminal strength, aid of armed men, by a band and
excessive force out of proportion to the
purpose means to weaken the defense.
means of defense available to the person
attacked. SUMMARY OF RULES WHEN TREACHERY IS
• The aggravating circumstance of abuse PRESENT:
of superior strength depends on the age, a)  When the aggression is continuous, 

size, and strength of the parties. treachery must be present in the beginning of the
13. evident premeditation b. Means to weaken the defense - The assault (People vs Canete, 44 Phil 478); 

REQUISITES o ender employs means to materially
a. Proof of the time when the o ender weaken the resisting power of the o ended b)  When the assault was not continuous in that
determined to commit the crime party. there was an interruption, it is su cient that
b. An act manifestly indicating that the culprit treachery was present at the moment the fatal
has clung to his determinatio blow was given (US vs Baluyot, 40 Phil 385).
c. A su cient lapse of time between the
determination and execution, to allow him to
re ect upon the consequences of his act anf
to allow his conscience to overcome the
resolution of his will
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 17. ignominy 20. aid of minor (under 15yrs.) or

Ignominy - a circumstance pertaining to the by means of motor vehicles
moral order, which adds disgrace and obloquy to
TWO DIFFERENT CIRCUMSTANCES ARE
the material injury caused by the crime.
GROUPED IN THIS PARAGRAP
It must tend to make the e ects of the crime
• First one tends to repress the frequent practice
more humiliating or to put the o ended party to
resorted to by professional criminals to avail
shame.
themselves of minors taking advantage of their
irresponsibility
WHERE APPLICABLE:

• Second one is intended to counteract the great
This aggravating circumstance is applicable to:
facilities found by modern criminals in said
1. crimes against chastity;
means to commit crime, and then ee and
2. less serious physical injuries;
abscond once the same is committed.
3. light or grave coercion;
4. and murder. 


NOTE:
The Supreme Court considered ignominy in the
crime of rape
21. cruelty
18. UNLAWFUL ENTRY ESSENCE:
THERE IS CRUELTY when the culprit enjoys and
• There is unlawful entry when an entrance is delights in making his victim su er slowly and
e ected by a way not intended for the purpose. gradually, causing him unnecessary physical pain
It must be a means to e ect entrance and not in the consummation of the criminal act.
for escape.
REQUISITES:
1. That the injury caused be deliberately
increased by causing other wrong;
19. by a wall, roof, floordoor or 2. That the other wrong be unnecessary for the
window be broken etc. execution of the purpose of the o ender.
• To be circumstance, breaking the door must be IGNOMINY VS. CRUELTY
utilized as a means to the commission of the Ignominy (par. 17) involves moral su ering, while
crime. The circumstance is aggravating only in cruelty (par. 21) refers to physical su ering.
those cases where the o ender resorted to any
of said means to enter the house. If broken to
get out of the place, it is not an aggravating
circumstance.
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