CIRCUMSTANCES

AFFECTING CRIMINAL
LIABILITY
ARTICLES 11, 12, 13, 14 & 15, RPC
 WHAT ARE THE CIRCUMSTANCES AFFECTING
CRIMINAL LIABILITY?

I. JUSTIFYING CIRCUMSTANCES (ART. 11)

II. EXEMPTING CIRCUMSTANCES (ART. 12), AND OTHER ABSOLUTORY CAUSES
(ARTS. 20; 124, LAST PARAGRAPH; 280, LAST PARAGRAPH, 332; 344; ETC)
III. MITIGATING CIRCUMSTANCES (ART. 13)
IV. AGGRAVATING CIRCUMSTANCES (ART. 14)
V. ALTERNATIVE CIRCUMSTANCES (ART. 15)
 DEFINITION OF TERMS:
IMPUTABILITY RESPONSIBILITY IMPUTABILITY VERSUS GUILT
RESPONSIBILITY
IS THE QUALITY BY WHICH THE OBLIGATION OF
AN ACT MAY BE SUFFERING THE While imputability implies Having been found to
ASCRIBED TO A PERSON CONSEQUENCES OF that a deed may be have violated a criminal
AS ITS AUTHOR OR CRIME. IT IS THE imputed to a person, law. It is an element of
OWNER. IT IMPLIES THAT OBLIGATION OF TAKING responsibility implies that responsibility, for a
THE ACT COMMITTED HAS THE PENAL AND CIVIL the person must take the person cannot be made
BEEN FREELY AND CONSEQUENCES OF THE consequence of such a to answer for the
CONSCIOUSLY DONE CRIME deed. consequences of a
AND MAY, THEREFORE, BE crime unless he/she is
PUT DOWN TO THE DOER guilty.
AS HIS/HER VERY OWN.
 JUSTIFYING CIRCUMSTANCES
DEFINITION BASIS
Are those where the act of a person is said to be in The law recognizes the non-existence of a crime by
accordance with law, so that such person is expressly stating in the opening sentence of Art. 11 that the
deemed not to have transgressed the law and is persons therein mentioned “do not incur any criminal
free from both criminal and civil liability. liability.”
There is no civil liability, except in paragraph 4 of Art. Justifying circumstances are:
11, where the civil liability is borne by the persons 1. Self-defense;
benefited by the act.
2. Defense of relatives;
3. Defense of strangers;
4. Avoidance of greater evil or injury;
5. Fulfillment of duty or lawful exercise of right or office;
6. Obedience to an order issued for some lawful purpose;
 EXEMPTING CIRCUMSTANCES
DEFINITION
(NON-IMPUTABILITY) are those grounds for
exemption from punishment because there is
wanting (lacking) in the agent of the crime any of
the conditions which make the act voluntary, or
negligent.
BASIS
The exemption from punishment is based on the
complete absence of intelligence, freedom of
action, or intent, or on the absence of negligence
on the part of the accused. Here, there is a crime
but no criminal.
Under the RPC, a person must act with malice or
negligence to be criminally liable. One who acts
without intelligence, freedom of action or intent
does not act with malice. While one who acts
without intelligence, freedom of action or fault
does not act with negligence.
 MITIGATING CIRCUMSTANCES
DEFINITION
Are those which, if present in the commission
of the crime, do not entirely free the actor
from criminal liability, but serve only to reduce
the penalty.
BASIS
Based on the diminution of either freedom of
action, intelligence, or intent, or on the lesser
perversity of the offender.
 These circumstances may be classified into:

1. Ordinary (generic) mitigating circumstance.

 The attendance of a generic mitigating circumstance, unless offset by an aggravating
circumstance, will lower the imposable penalty only to its minimum. It should be borne
in mind that the presence of 2 or more generic mitigating circumstances, provided there is no
aggravating circumstance, will lower the imposable penalty by one degree, pursuant to Rule 5 of
Art. 64 of the RPC.
2. Privileged mitigating circumstance.
 The presence of a privileged mitigating circumstance will lower the imposable penalty by one or 2
degrees. The privileged mitigating circumstance cannot be offset by the presence of
an aggravating circumstance.
 Since a mitigating circumstance is a matter of defense, the accused must prove it with concrete
evidence to the satisfaction of the Court. (People v. Malunay, 66 OG 2095)
 MITIGATING CIRCUMSTANCES
ORDINARY(GENERIC)
 SUSCEPTIBLE OF BEING OFFSET BY ANY
AGGARAVATING CIRCUMSTANCE
 IF NOT OFFSET BY AGGRAVATING
CIRCUMSTANCE, PRODUCES ONLY THE EFFECT
OF APPLYING THE PENALTY PROVIDED BY LAW
FOR THE CRIME IN ITS MINIMUM PERIOD, IN
CASE OF DIVISIBLE PENALTY
PRIVILEGED
 CANNOT BE OFFSET BY AGGRAVATING
CIRCUMSTANCE
 PRODUCES THE EFFECT OF IMPOSING UPON THE
OFFENDER THE PENALTY LOWER BY ONE OR 2
DEGREES THAN THAT PROVIDED BY LAW FOR THE
CRIME.
 Minority & incomplete justifying/exempting are
privileged MC
 AGGRAVATING CIRCUMSTANCES

DEFINITION
Are those which, if attendant in the commission of the crime, serve to increase the penalty
without, however, exceeding the maximum of the penalty provided by law for the offense.

BASIS
Based on the greater perversity of the offender manifested in the commission of the felony as
shown by (1) the motivating power itself, (2) the place of commission, (3) the means and ways
employed, (4) the time, or (5) the personal circumstances of the offender, or the offended
party.
 Kinds of Aggravating Circumstances

1. Generic
2. Specific
3. Qualifying
4. Inherent
5. Special
 ALTERNATIVE CIRCUMSTANCES

DEFINITION
Are those which must be taken into consideration as aggravating or mitigating according to the nature
and effects of the crime and the other conditions attending its commission.
BASIS
The basis is the nature and effects of the crime and the other conditions attending its commission.
KINDS
1. RELATIONSHIP
2. INTOXICATION
3. DEGREE OF INSTRUCTION AND EDUCATION OF THE OFFENDER