Article 11

Paragraph 1 . Self Defense

- The batterer ( Mark) causes unlawful aggression to the victim. Mark produces a tension-building phase
for Ginly.

- Mark, resulted from a tranquil loving phase after the tension-building phase.

- The wife ( Ginly) has reasonable necessity of means to employed to prevent or repel it. The batterer
ensued 2 battering episodes between the appellant & her intimate partner and the wife experienced
the acute battering incident; leading to an actual fear of imminent harm.

- At the killing, the batterer posed probable-not necessary immediate & actual-grave harm to the
accused. Which Ginly's actions are just Self-defense.

Facts: A slap on the face is an unlawful aggression. Since the face represents a person and his dignity,
slapping is a serious personal attack and constitutes the use of force.

Elements:

 Unlawful Aggression
 Reasonable necessity of the means employed to prevent or repel it.
 Lack of sufficient provocation on the part on the part of the person defending himself.

Paragraph 2: Anyone who acts in defense of the person or rights of his spouse, ascendants, descendants,

Article 12,

Paragraph 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.
Held:

● Rhuzell Ferrer, who has advanced in age, has a mental development comparable to that of a child
between 2 and 7 years old.

● Ferrer has no idea of what is right or wrong and thinks differently.

● Because of unknown reasons, he killed his wife while she was sitting on their staircase.

● And after killing his wife, he pulled her inside their house and sang him a lullaby.

● Since Rhuzell is showing an imbecile attitude, he was exempted in all cases of criminal liability.

Art. 13

Paragraph. 1 Those mentioned in the preceding chapter, when all the requisites necessary to justify the
act or to exempt from criminal liability in the respective cases are not the attendant.

Louie and Ivander have a duty during the night where their boss informed them to guard the vacant lot,
due to the case of the dilim gang who robs at the private property.

Later on, Louie and Ivander obliged what their boss asked them to do, and finally decided to go to the
vacant lot. While roaming the lot, they heard rustling noise and called it out, but unfortunately, no one
answered.

- They became alert and thought that it was the dilim gang who's hiding in the private property . They
authorized the person to show himself and informed him that they will shoot if he doesn't come out. But
again, no one answered.

- The accused acted under the influence of fear of being raided at any moment by the dilim gang.
However, the fear is not entirely uncontrollable, for had he not been hasty, had he stopped a few
seconds to think that was no imminent danger.

- Ivander and Louie voluntarily surrendered to the police station and confessed their act.
Elements ( basis)

 A person is performing a lawful act;

 With due care;
 He causes an injury to another by mere accident;
 Without fault or intention of causing it.

Facts: The case was cause something that happens outside the sway of our will, and although it comes
about through some act of our will, lies beyond the bounds of humanly foreseeable consequences.

If the consequences are plainly foreseeable, it will be case of negligence.( Albert)

Art. 13

Paragraph 6: That of having acted upon an impulse so powerful as naturally to have produced passion or
obfuscation.

They celebrated their wedding anniversary together with carnal knowledge knowing that they were
recording themselves together.

A month ago, Everly decided to seperate with Ivander due to unreasonable jealousy. However, Ivander
decided to threaten her sex video that he will upload it on social media. But Ivander insisted on
uploading even though it is against her will. Which causes Everly to push Ivander from the stairs due to
the accused acted upon an impulse which produced passion or obfuscation that Ivander implies to
threaten her.

Ivander, fell in the staircase and hit his head . While their scandal still uploaded.

Requisites:

1. That the accused acted upon an impulse

2. The impulse must be so powerful that it naturally produced passion or obfuscation.

Facts: Due to Ivander’s wants to upload their video. It causes Everly to act on impulse to push him
because she losses self-control by the reason of she is scared to uploaded it on social media.
 There’s a passion or obfuscation when the person produce a powerful excitement, she losses
self control and reason, thereby diminishing the exercise of his will power.

In the acts of Everly, it was not committed by the spirit of lawlessness and revenge. But in act of scared
and accident due to loss of self control.

Art. 14

Rape

Par. 6 That the crime be committed in the nighttime or in an uninhabited place, or by a band, whenever
such circumstances may facilitate the commission of the offense.

Daniel has a plan to target a woman in the nighttime; his victim was named Cheyenne Jade.

Daniel's act facilitated the commission of crime during night and in the uninhabited place.

When Daniel especially sought to insure the commission of the crime for the purpose of impunity.

Daniel, took advantage thereof for the purpose of impunity.

Elements:

 When it facilitated the commission of the crime during nighttime or uninhabited place.
 Especially sought for by the offender to insure the commissions of the crime or the purpose of
impunity
 When the offender took advantages thereof for the purpose of impunity.

Facts: The accused took advantage to the victim in the darkness for more successful
consummation of crime and done also in uninhabited place where there’s no person.

Art. 15
Intoxication( Mitigating)

- Caaya is currently the Barangay Captain in their town. He has no criminal records, he has a consecutive
clean background, and specially, he's also not a habitual drunkard.

- One day, Daniel and his peers decided to invite the Brgy Captain. Caaya to drink a little bit of alcohol, by
which the Barangay Captain, politely accepted.

- However, Caaya has a low alcohol intolerance.

- And because of this, the Barangay Captain lost himself and wasn't in his state of mind at that moment.
Which became the reason why Caaya hit the bottle of liquor to Daniel's head that has caused him severe
physical injury that leads to his sudden death.

Requisites:

Mitigating

1. Intoxication is not habitual

2. If intoxication is not subsequent to the plan to commit a felony.

Facts: Drunkeness is mitigating if its accidental. Caaya’s case is purely accidental. Due to the facts the he
was not a habitual drinker and his acts was not intentional. It can only be aggravating if he was habitual
drinker, yet Caaya case mitigates. Since there a proof that he maintains well his good moral conduct to
his community and his peers.