CIRCUMSTANCES AFFECTING CRIMINAL LIABILITY of due performance of duty or lawful exercise

of right or office.
JUSTIFYING CIRCUMSTANCES
6. OBEDIENCE OF A LAWFUL ORDER
1. SELF-DEFENSE
i. Order has been issued by a superior;
i. Unlawful aggression; ii. Such order must be for some lawful
ii. Reasonable necessity of the means purpose;
employed to prevent or repel it (Rational iii. Means used by subordinate to carry out
equivalence); such order is lawful.
iii. Lack of sufficient provocation on the part
of the person defending himself.
EXEMPTING CIRCUMSTANCES
2. DEFENSE OF RELATIVES
1. IMBECILITY
i. Unlawful aggression;
ii. Reasonable necessity of the means - Mental age of the accused is that of a
employed to prevent and repel it (Rational child.
equivalence);
iii. If the provocation was given by the 2. INSANITY
relative, the one making defense has no part
therein. i. Test of Cognition – The mental condition of
the accused is an exempting circumstance of
3. DEFENSE OF STRANGERS insanity if there was a complete deprivation
of intelligence in committing the criminal act.
i. Unlawful aggression; ii. Test of Volition – The mental condition of
ii. Reasonable necessity of the means the accused is a mitigating circumstance of
employed to prevent and repel it (Rational mental illness if there is deprivation of
equivalence); freedom.
iii. Person defending may not be induced by
revenge, resentment, or other evil motive. 3. MINORITY

4. STATE OF NECCESITY i. 15 years old and below – Exempting

ii. Above 15 years old but below 18 years old,
i. The evil sought to be avoided actually without discernment – Exempting
exists; iii. Above 15 years old but below 18 years old,
ii. The injury feared be greater than that done with discernment – Privilege Mitigating
to avoid it;
iii. There be no other practical and less 4. ACCIDENT
harmful means of preventing it.
i. A person is performing a lawful act;
5. PERFORMANCE OF DUTY ii. It is performed with due care;
iii. He causes injury to another by mere
i. Accused must have acted in the accident;
performance of a duty or in the lawful iv. Without any fault or intention of causing
exercise of a right or office; it.
ii. Injury caused or the offense committed
should have been the necessary consequence
Ebo, MD (not claiming 100% accuracy)
 i. Offender had no intention to commit so
grave a wrong that as committed;
ii. Notable disparity between the means
5. IRRESISTIBLE FORCE employed by the accused to commit a wrong
and the resulting crime committed.
i. Somebody used force compelling the
accused to commit crime; 5. THREAT
ii. The force used must be irresistible.
i. There must be a threat on the part of the
6. UNCONTROLLABLE FEAR offended party;
ii. Threat must be sufficient;
i. Existence of uncontrollable fear of injury; iii. Threat must be immediately precede the
ii. Fear of an injury must be real and criminal act committed by the offender.
imminent;
iii. Fear of an injury is greater than or at least 6. PROVOCATION
equal to that committed.
i. There must be provocation on the part of
7. INSUPERABLE CAUSE the offended party;
ii. Provocation must be sufficient
i. Fails to perform an act required by law; iii. Provocation must immediately precede
ii. Prevented by some lawful or insuperable the criminal act committed by the offender.
cause.
7. VINDICATION OF A GRAVE OFFENSE

MITIGATING CIRCUMSTANCES i. Victim committed grave offense;

ii. The grave offense was committed against
1. INCOMPLETE JUSTIFICATION OR EXEMPTION the:
i. Offender
i. Majority of requisites are present – ii. Spouse
Privileged mitigating circumstance. iii. Ascendants
ii. Minority of the requisites are present – iv. Descendants
Ordinary mitigating circumstance v. Legitimate, illegitimate, or adopted
iii. Unlawful aggression is a sine qua non siblings
requisite. vi. Relatives by affinity within the
same degree
2. MINORITY iii. Offender committed the crime in
proximate vindication of such grave offenses.
- Above 15 years old but below 18 years
old, with discernment – Privilege 8. PASSION OR OBFUSCATION
Mitigating
i. There was an act that was both unlawful
3. SENIORITY and sufficient to produce such condition of
passion or obfuscation of the mind;
- Accused is above 70 years old. ii. Such act was not far removed from the
commission of the crime by a considerable
4. PRAETER INTENTIONEM length of time, during which the perpetrator
might have recovered his normal equanimity.

Ebo, MD (not claiming 100% accuracy)

 iii. Passion must arise from lawful sentiment
of the offender and not from the spirit of A. ORDINARY AGGRAVATING CIRCUMSTANCE
lawlessness of revenge. - It can be offset by an ordinary mitigating
circumstance.

1. CONTEMPT OF OR INSULT TO PUBLIC

AUTHORITIES
9. VOLUNTARY SURRENDER
- Commits crime against another person in
i. The offender has not actually been the presence of the public authorities outside
arrested; his workplace.
ii. The offender surrendered himself to a
person in authority; 2. PLACE OF COMMISION
iii. Surrender was voluntary.
- Crime is committed:
10. VOLUNTARY CONFESSION i. Malacañang Palace
ii. Place whenever the President was
i. The accused spontaneously confessed his present.
guilt; iii. Place where the public authorities
ii. Confession of guilt was made in open are engaged in the discharge of their
court; duty
iii. Confession was made before a competent - The person in authority was
court trying the case; engaged in his official
iv. Confession of guilt was made prior to the functions inside his office at
presentation of evidence by the prosecution. the time the crime was
committed.
11. PHYSICAL DEFECT iv. Place dedicated to religious
worship
Offender is:
i. Deaf and Dumb 3. DISREGARD OF RANK, SEX & AGE
ii. Blind
iii. Suffering from Physical Defect i. Rank – Crime must be committed against a
which thus restricts his means of person of a higher rank such as a person in
action, defense, or communication authority not engaged in the performance of
with his fellow beings. duty.
ii. Sex – Accused deliberately intended to
12. ILLNESS offend or insult the sex of the victim, or
showed manifest disrespect to her
i. Offender is ill; womanhood.
ii. Illness diminishes the exercise of the will- Iii. Age – Accused deliberately intended to
power of the offender; offend or insult the age of the offended
iii. It does not deprive him of consciousness party.
of his acts.
4. DISREGARD OF DWELLING
13. OTHER ANALOGOUS CIRCUMSTANCE
i. Offender committed crime in the dwelling
of the offended party;
AGGRAVATING CIRCUMSTANCES
Ebo, MD (not claiming 100% accuracy)
 ii. Offender committed crime in disregard of A. Armed Men
the respect which the dwelling is entitled; i. The armed men are accomplices who take
iii. Offender has not given provocation. part in minor capacity, directly or indirectly;
ii. The accused availed himself of their aid or
5. NIGHTTIME relied upon them when the crim was
committed.
- Accused intentionally chose the darkness of
the night to facilitate the commission of the - Aid of armed men is a qualifying
crime or afford impunity. circumstance in Murder.

B. Persons Who Insure or Afford Impunity

6. CRAFT OR FRAUD - Offender purposely sought or consciously

relied upon persons to secure him against
- Means employed to deceive the victim to detection and punishment.
facilitate the commission of the crime and to - For both, they are qualifying circumstances in
afford impunity. Murder.

7. AID OF MINOR 12. DISGUISE

8. MOTOR VEHICLE - Deliberate concealment of the identity of

the accused in order to facilitate the
9. UNINHABITED PLACE commission of the crime and to insure or
afford impunity.
i. Uninhabited place was especially sought to - Disguise may be treated as employment of
facilitate the commission of the crime. means to afford impunity, which will qualify
ii. It was taken advantage to afford impunity. the killing into Murder.
- Determined not by the distance of the
nearest house to the scene of the crime but 13. CALAMITY OR MISFORTUNE
whether or not there was reasonable
possibility of the victim receiving some help - The crime be committed on the occasion of:
in the place were the crime was committed. i. Conflagration
ii. Shipwreck
- Uninhabited place in robbery by means of iii. Earthquake
violence of intimidation – Special aggravating iv. Epidemic
circumstance. v. Other calamity or misfortune
- Offender must take advantage of the
10. BAND (CUADRILLA) condition brought about by such calamity or
misfortune.
i. There must be at least four malefactors;
ii At least four of them are armed; - Qualifying circumstance in Murder.
iii. At least four of them took part or acted
together in the commission of the crime as 14. USING ARTIFICE INVOLVING GREAT WASTE AND
principals by direct participation. RUIN

11. AID OF ARMED MEN OR OF PERSONS WHO - Crime be committed by means of:
INSURE OR AFFORD IMPUNITY i. Inundation
ii. Fire
Ebo, MD (not claiming 100% accuracy)
 iii. Explosion
iv. Stranding of a vessel or intentional - Price, reward, or promise must be the
damage thereto primary consideration in the commission of a
v. Derailment of a locomotive crime or felony.
vi. Use of any other artifice involving
great waste and ruin. - Qualifying circumstance in Murder

*i-v does not require great waste or 19. EVIDENT PREMEDITATION

ruin
i. The time when the offender determined to
- Qualifying circumstance in Murder commit the crime
ii. Act manifestly indicating that the offender
has clung to his determination
15. TREACHERY (ALEVOSIA) iii. Sufficient interval of time between the
determination and the execution of the crime
i. Offender commits any of the crimes against to allow him to reflect upon the
the person consequences of his act.
ii. Employing means, methods, or forms of
execution that are consciously adopted - Qualifying circumstances in Murder.
iii. The execution thereof tends directly and
specially to insure its execution 20. IGNOMINY
iv. Without risk to himself arising from the
defense which the offended party might take. - Accused deliberately perpetrated the
ignominious act to augment to moral
- Qualifying circumstance in murder suffering of the victim.
- Refers to moral suffering
16. EMPLOYMENT OF MEANS TO WEAKEN THE
DEFENSE - Qualifying circumstances in Murder

- It must be to weaken the defense, not to 21. CRUELTY

make it impossible for the victim to put up a
defense. - Perpetrated by the accused to prolong or
exacerbate the physical pain and suffering of
- Qualifying circumstance in Murder. the victim.
- Refers to physical suffering.
17. ABUSE OF SUPERIOR STRENGTH
- Qualifying circumstance in Murder
i. There is inequality of forces between the
victim and the aggressor 22. ABUSE OF CONFIDENCE AND OBVIOUS
ii. Situation of superiority of strength is UNGRATEFULNESS
notoriously advantageous for the aggressor
and is selected or taken advantage by him in i. Abuse of confidence – Taking advantage of
the commission of the crime the confidence reposed by the victim on the
offender to facilitate the commission of the
- Qualifying circumstance in Murder crime.
ii. Obvious ungratefulness – Commission of a
18. CONSIDERATION OF PRICE, REWARD, OR crime instead of being grateful to the
PROMISE
Ebo, MD (not claiming 100% accuracy)
 generosities given by the victim to the and degrading treatment or punishment as
offender. defined herein, the penalty to be imposed
shall be in its maximum period.
- Qualifying circumstance of theft

23. UNLAWFUL ENTRY / BREAKING DOOR OR B. SPECIAL AGGRAVATING CIRCUMSTANCE

WINDOW - It cannot be offset by an ordinary mitigating
circumstance.
- Unlawful Entry - Entrance is made through a
way not intended for that purpose. 1. ABUSE OF OFFICIAL POSITION
- Breaking - Entrance is made through
breaking a wall, roof, floor, door, or window. i. Public officer commits an offense in relation
to his office;
- Qualifying circumstance in robbery by using ii. Perpetrates the offense while performing,
force upon things though in an improper or irregular manner,
his official functions;
24. RECIDIVISM iii. He cannot commit the offense without
holding his office.
- At the time of trial for one crime, he has
been previously convicted of another crime 2. QUASI-RECIDIVISM
embraced in the same title of the RPC.
i. Offender has been convicted by final
25. REITERACION judgment of a crime or offense:
ii. Offender has committed a felony:
- Offender has previously punished (served - After being convicted
sentence) for: - Before beginning to serve sentence
- One offense w/ greater penalty - While serving sentence
- Two or more offenses w/ lighter
penalty 3. ORGANIZED/SYNDICATED CRIME GROUP

26. TORTURE i. A group of two or more persons

ii. Collaborating, confederating, or mutually
- Torture as a crime shall not absorb or shall helping one another
not be absorbed by any other crime or felony iii. Organized for the purpose of gain
committed as a consequence, or as a means
in the conduct or commission thereof. In 4. SEXUAL OR PHYSICAL VIOLENCE
which case, torture shall be treated as a
separate and independent criminal act whose - Sexual or physical violence is committed
penalties shall be imposable without against a woman with whom the accused has
prejudice to any other criminal liability a marital, dating, or sexual relationship, in
provided for by domestic and international the presence of her child.
laws.
- If the commission of any crime punishable 5. USE OF LOOSE FIREARMS
under Title Eight (Crimes Against Persons)
and Title Nine (Crimes Against Personal - Includes the use of:
Liberty and Security) of the Revised Penal i. Unregistered firearm
Code is attended by any of the acts ii. Obliterated or altered firearm
constituting torture and other cruel, inhuman iii. Lost or stolen firearm
Ebo, MD (not claiming 100% accuracy)
 iv. Illegally manufactured firearm iv. Qualified Trafficking in Person – Spouse,
v. Registered firearms in possession of Ascendant, Parent, Sibling or Guardian.
individuals other than the licensee v. RA 3019 – Relative within the fourth civil
vi. Revoked licenses degree of consanguinity or affinity.

- Qualifying circumstances: ALTERNATIVE CIRCUMSTANCES

i. When loose firearm is used in
committing a crime with a graver 1. RELATIONSHIP
penalty, the accused shall be
prosecuted for the graver crime and i. Applies to:
shall apply the penalty in its maximum - Spouse
period. - Ascendants
- Descendants
ii. When loose firearm is used in - Legitimate, natural, or adopted brothers or
committing a crime with a lesser sisters
penalty, the accused shall be - Relatives by affinity of the same degree
prosecuted for the lesser crime but
the court shall impose the penalty ii. Crimes against Person
prescribed for illegal possession of use - Mitigating
of loose firearm. a. Less grave felony or light felony
b. Victim is a relative of lower level
iii. When loose firearm is used in - Aggravating
committing a crime with a penalty, a. Grave felony
the maximum of which is equal to b. Victim is a relative of equal or
that for illegal possession of loose higher level
firearm, the accused shall be
prosecuted for the former with *Other conditions attending its commission
additional penalty of prision mayor in may also be considered
its minimum period. **Relationship is qualifying in parricide,
qualified serious physical injuries, and
6. UNDER THE INFLUENCE OF DANGEROUS DRUGS qualified less serious physical injuries.

- Positive finding for the use of dangerous iii. Crimes against Properties
drugs shall be a special aggravating - Mitigating – Not covered under Art. 332
circumstance. Exc: Robbery w/ Homicide –
aggravating circumstance
7. OTHERS
iv. Crime against Chastity
i. Child Abuse – Ascendant, parent, guardian, - Aggravating
stepparent, or collateral relative within the
2nd degree og consanguinity or affinity. 2. INTOXICATION
ii. Child Prostitution and Sexual Abuse –
Ascendant or Relationship within the 2nd - Mitigating
degree of consanguinity or affinity. i. It is NOT:
iii. Child Pornography – Parent, Ascendant, a. Habitual
Guardian, Stepparent, or collateral relative b. Intentional
w/n the 3rd degree of consanguinity or ii. It impaired the will power of
affinity. accused.
Ebo, MD (not claiming 100% accuracy)
 v. Relatives by affinity within the same
- Aggravating – It is: degree
i. Habitual
ii. Subsequent to the plan to commit EXC: Accessories by profiting themselves or
the crime and that he took such assisting the offender to profit by the effects
quantity of alcoholic beverage, prior of the crime.
to the commission of the crime, as
would blur his reason or to fortify his 3. THEFT, SWINDING & MALICIOUS MISCHIEF
resolution to commit the crime. COMMITTED AGAINST A RELATIVE

No criminal, but only civil liability shall result

from the commission of the crime of theft,
swindling, or malicious mischief committed or
caused mutually by the following persons:
a. Spouses, ascendants and
3. LACK OF INSTRUCTION AND EDUCATION descendants, or relatives by affinity in
the same line
- Mitigating b. Windowed spouse w/ respect to
- Lack of sufficient intelligence and the property which belonged to the
knowledge to fully realize the deceased spouse before the same
consequences of his criminal act. shall have passed into the possession
of another
- Aggravating c. Brothers and sisters, and in
i. Offender possessed a high degree of brothers-in-law and sisters-in-law, if
instruction and education living together.
ii. Offender took advantage of such
high degree of education in *It shall not be applicable to strangers
committing the crime participating in the commission of the
crime.

ABSOLUTORY CAUSES 4. DEATH OR PHYSICAL INJURIES UNDER

EXCEPTIONAL CIRCUMSTANCES (ART. 247)
1. SPONTANEOUS DESISTANCE IN ATTEMPTED
FELONY i. Any legally married person who having
surprised his spouse in the act of committing
sexual intercourse with another person:
2. RELATIONSHIP IN CRIME COMMITTED BY AN - Shall kill any or both of them or
ACCESSORY inflict serious physical injuries –
destierro
GR: Accessories are exempted from criminal - Serious physical injuries or less
liability for crimes committed with respect to serious physical injuries – exempted
their: from punishment
i. Spouses
ii. Ascendants ii. Under the same circumstances as above,
iii. Descendants parents with respect to their daughters under
iv. Legitimate, Natural, and Adopted eighteen years of age, and their seducer,
brothers and sisters while the daughters are living with their
parents.
Ebo, MD (not claiming 100% accuracy)
 *Any person who shall promote or facilitate
the prostitution of his wife or daughter, or
shall otherwise have consented to the
infidelity of the other spouse shall not be
entitled to the benefits of this article.

5. MARRIAGE IN CRIMES AGAINST CHASTITY OR

RAPE / FORGIVENESS IN MARITAL RAPE

6. INSTIGATION

- Luring the accused into a crime that he,

otherwise, had no intention to commit, in
order to prosecute him.
- Criminal intent to commit an offense
originates from the inducer and not from the
accused who had no intention to commit and
would not have committed it were it not for
the prodding of the inducer.

Ebo, MD (not claiming 100% accuracy)