CHAPTER TWO:

JUSTIFYING CIRCUMSTANCES AND CIRCUMSTANCES

AFFECTING CRIMINAL LIABILITY
Article 11. Justifying circumstances. - The following do not incur any criminal liability:

1. Anyone who acts in defense of his person or rights, provided that the following circumstances concur;
First. Unlawful aggression.
Second. Reasonable necessity of the means employed to prevent or repel it.
Third. Lack of sufficient provocation on the part of the person defending himself.

2. Any one who acts in defense of the person or rights of his spouse, ascendants, descendants, or legitimate, natural or adopted brothers or
sisters, or his relatives by affinity in the same degrees and those consanguinity within the fourth civil degree, provided that the first and second
requisites prescribed in the next preceding circumstance are present, and the further requisite, in case the revocation was given by the person
attacked, that the one making defense had no part therein.

3. Anyone who acts in defense of the person or rights of a stranger, provided that the first and second requisites mentioned in the first
circumstance of this Article are present and that the person defending be not induced by revenge, resentment, or other evil motive.

4. Any person who, in order to avoid an evil or injury, does not act which causes damage to another, provided that the following requisites are
present;
First. That the evil sought to be avoided actually exists;
Second. That the injury feared be greater than that done to avoid it;
Third. That there be no other practical and less harmful means of preventing it.
5. Any person who acts in the fulfillment of a duty or in the lawful exercise of a right or office.

6. Any person who acts in obedience to an order issued by a superior for some lawful purpose.
• When accused admits the killing of the victim and
invokes justifying circumstance, the constitutional
presumption of innocence is effective WAIVED.
• There is now a REVERSE TRIAL – he must rely on the
strength of his defense and not on the weakness of the
prosecution’s evidence.
 1. Self – defense
2. Defense of a relative
3. Defense of a stranger
4. avoidance of greater evil or injury
5. fulfilment of a duty and
6. obedience to an order issued by a
superior.
Self defense
• Elements: 1. Unlawful Aggression
• 2 . Reasonable necessity of the means employed to
prevent or repel the attack; and
• 3. lack of sufficient provocation on the part of the
person defending himself
• Person claiming SD must prove its elements by clear
and convincing evidence
• The burden of evidence (onus probandi) shifts to the
accused to show that the killing was justified and that
he incurred no criminal liability therefor.
1st element: unlawful aggression
• Actual or physical assault or atleast a threat to attack or
inflict real imminent physical injury upon a person.
• Mere threatening attitude is not sufficient, the threat
must be menacing and offensive manifestly showing
intent to cause injury
• Elements: 1. Physical or material assault
• 2. the attack or assault must be actual or at least,
imminent; and
• 3. the attack or assault must be unlawful
• Aggression presupposes that the person attacked must
face a real threat to his life and the peril sought to be
avoided is imminent and actual, NOT imaginary.
• NOTE: unlawful aggression is an essential and
indispensable element of self-defense. Without unlawful
aggression, the self-defense will not have a leg to stand
on.
• Test to determine unlawful aggression: Whether the
aggression from the victim put in real peril the life or
personal safety of the person defending himself.
Two kinds of unlawful aggression
• 1. actual or material aggression – attack with physical
force or with a weapon, an offensive act that positively
determines the intent of the aggressor to cause injury
• 2. Imminent Unlawful Aggression – attack that is
impending or at the point of happening. Not mere
threatening attitude, nor must it be real or imaginary,
but must be OFFENSIVE and POSITIVE STRONG
• Ex. Aiming a revolver at another with intent to shoot or
pointing a knife at someone
2nd element: reasonable necessity of the means
employed to prevent or repel the aggression

• The reasonableness of the means employed must take into account

the weapons, physical conditions of the parties, and other
circumstances showing that there is rational equivalence between
the means of attack and the defense.
• Doctrine of rational equivalence: reasonable necessity of the means
employed does not imply material commensurability between the
means of attack and defense. What the law requires is RATIONALE
QUIVALENCE which is based on the totality of the circumstance
surrounding the defense vis-à-vis, the unlawful aggression.
• Ex. Repetitious hacking by the accused even the if the aggressor
has been neutralized is not a reasonable and necessary means of
repelling the aggression.
3rd element: lack of sufficient provocation on the part of the person defending
himself

• Requires that the person mounting a defense to be

reasonably blameless.
• He or she must not have antagonized or incited the
attacker into launching an assault.
Defense of a relative
• Same elements with Self-defense. Except for the third
which requires that: in case the provocation was given
by the person attacked, the person making the defense
took no part in the provocation.
• Unlawful aggression must be present (indispensable
requirement). If this is absent, then there would be
nothing to repel on the part of the accused.
Who are considered as relative?
• 1. Spouse;
• 2. Ascendants (parents, grandparents)
• 3. Descendants (children, grand children)
• 4. Legitimate, natural or adopted brothers or sisters or
relative by affinity in the same degrees
• 5. Those by consanguinity within the fourth civil degree.
Defense of a stranger
• Same elements with self defense: except that the 3rd
requisite requires that the person defending be not
induced by revenge, resentment or other evil motive.
• Revenge: vengeance
• Resentment: persistent ill-will at something regarded as
wrong, insult, or injury
• Evil motive - intent to cause harm or injury.
Avoidance of greater evil or injury
• Elements: 1. the evil sought to be avoided actually
exists
• 2. the injury feared be greater than that done to avoid
it; and
• 3. there be no other practical and less harmful means of
preventing it.
Fulfillment of a duty or in lawful
exercise of a right or office
• Elements: 1. the accused acted in the performance of a
duty or in the lawful exercise of a right or office; and
• 2. the injury caused or the offense committed be the
necessary consequence of due performance of duty or
the lawful exercise of such right.
Obedience to an order issued by a
superior for some lawful purpose
• Elements: 1. An order has been issued by a superior.
• 2. such order must be for some lawful purpose; and
• 3. the means used by the subordinate to carry out the
said order is lawful
• A person acting under any of the exempting
circumstancs committed a crime but cannot be held
criminally liable because of the absence of
INTELLIGENCE, FREEDOM OF ACTION or INTENT or free
will in performing the act.
• In other words, while there is crime committed, no
criminal liability arises
Imbecile or an insane person
• Imbecility: feeblemindedness or a mental condition approaching that
of one who is insane. Has a mental development comparable to that
of a children between 2 and 7 y.o
• Analogous to childishness and dotage.
• In order to be exempt, one must be deprived completely of reason
or discernment and freedom of will at the time of committing the
crime
• Degrees of mental retardation:
• 1. idiot – 0-19 IQ. Equivalent to that of a 2 year old child
• 2. imbecile – 20-49, equivalent to average 7 y.o child
• 3. moron/feebleminded – 50-69, equivalent to average 12 y.o
• Psychologist says that the borderline intelligence are those with IQ
between 70-89
insanity
• Complete absence of free will and intelligence. Absence
of power to discern
• Nature of a confession and avoidance. The accused
asserts that he is admitting to the commission of a
crime, and accused has the burden to prove insanity
with clear and convincing evidence.
• Note: LUCID INTERVAL. If accused acted in lucid interval,
he cannot claim the defense of insanity.
• Evidence needed: condition of the mind within a
reasonable period before and after the commission of
the crime. Testimony of psychiatrist
• Elements: 1. the insanity constitutes a complete
deprivation of intelligence, reason, or discernment; and
• 2. it must exist at the time of, or immediately preceding
the commission of the crime.
accident
• Defined as an occurrence 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 consequence.
• If it is foreseeable, it will be a case of negligence.
• Complete absence of intent and negligence on the part of the
accused.
• Elements: 1. a person is performing a lawful act;
• 2. he acted with due case
• 3. he causes an injury to another by mere accident
• 4. without fault or intention of causing it.
• Person is in fact doing something legal, exercising due
care, diligence and prudence, but in the process,
produces harm or injury to someone or to something
not in the least in the mind of the actor
Two ways of directly forcing another
to commit a crime
• By using irresistible force; and
• By causing uncontrollable fear.
Compulsion of an irresistible force
• The person claiming this defense must prove that that
the irresistible force reduced him to a mere instrument.
That he acted not only without will but against his will
• He has no opportunity to defend himself or to scape
• Duress, force, fear or intimidation must be PRESENT.
• There must be apprehension of death or serious bodily
harm if the act is not done.
• Threat of future injury is NOT enough
• He has not FREEDOM
Impulse of an uncontrollable fear
• He acts under the compulsion of an IRRESISTIBLE force
or under the impulse of uncontrollable fear of EQUAL or
GREATER INJURY
• He has no FREEDOM
• Duress, force, fear or intimidation must be PRESENT.
• There must be apprehension of death or serious bodily
harm if the act is not done.
• Threat of future injury is NOT enough
• Requisite:
• 1. existence of uncontrollable fear
• 2. fear is real and imminent; and
• 3. fear of an injury is GREATER than or atleast equal to
that committed
• The threat must not be speculative, fanciful or remote.
• He has no opportunity to escape
Prevented by some lawful and
insuperable cause
• Req:
• 1. act is required by law to be done
• 2. he fails to perform such act; and
• 3. his failure to perform such act was due to some
lawful or insuperable cause
Exempting circumstance of minority
• RA 9344 (Juvenile Justice and Welfare Act of 2006 as amended
by RA 10630
• CICL – Child in Conflict with Law
• 15 y.o or under – exempt from criminal liability. Subjected to
Child Intervention.
• Immediately release the child to parents or relative
• Community-based intervention program
• Youth Care Facily or “Bahay Pag-asa”
• Child is 15 y.o on the day of the fifteenth anniversary of his/her
birthdate
• Above 15 but below 18 – Exempt and subjected to intervention
program. Unless he acted with DISCERNMENT in which he will be
subjected to the appropriate proceedings
• JJWS – system of dealing with children at risk and CICL. Appropriate
proceeding, programs and services for prevention, diversion,
rehabilitation, re-integration and aftercare to ensure their normal
growth and development.
• Child – below 18 y.o
• "Child at Risk" refers to a child who is vulnerable to and at the risk of committing criminal offenses because
of personal, family and social circumstances, such as, but not limited to, the following:
(1) being abused by any person through sexual, physical, psychological, mental, economic or any other
means and the parents or guardian refuse, are unwilling, or unable to provide protection for the child;
(2) being exploited including sexually or economically;
(3) being abandoned or neglected, and after diligent search and inquiry, the parent or guardian cannot be
found;
(4) coming from a dysfunctional or broken family or without a parent or guardian;
(5) being out of school;
(6) being a streetchild;
(7) being a member of a gang;
(8) living in a community with a high level of criminality or drug abuse; and
(9) living in situations of armed conflict.
• CICL – child who is alleged as, accused of, or adjudged
as, having committed an offense under Phil. Laws
• Diversion – alternative, child appropriate process of
determining the responsibility and treatment of a CICL
on the basis of his/her social, cultural, economic,
psychological or educational background w/out
resorting to court proceeding
• Diversion program – program that the CICL is required
to undergo after he/she found responsible for an offense
without resorting to formal court proceeding.
• Initial Contact with the Child – apprehension and taking
into custody of a CICL with the law enforcement officers
or private citizen
• Intervention – series of activities designed to address
issues that caused the child to commit an offense. May
include counselling, skills training, eductatio and other
activities that will enhance psychologilca, emotional and
psycho-social well being of CICL
• Bahay Pag-Asa – provides short term residential care for
CICLwho are above 15 but below 18 who are awaiting
court disposition of their case.
• Discernment – mental capacity of minor to fully
appreciate the consequence of his unlawful act.
• Serious crimes committed by children exempt from
criminal liability
• Parricide, murder, infanticide, kidnapping, serious illegal detention
where victim is killed or raped, robbery with homicide or rape, arson,
rape and carnapping
• CICL is above 12 but below 15 – deemed a neglected child. Mandatorily
placed in Bahay-Pag-asa
• Exploitation of children for commission of crimes – Any
person who uses a child to commit crime, make use,
takes advantage of or profits from the use of children,
including those who abuses their authority sha;;
threaten or instigate the commission of the crime, shall
be imposed the pernalty prescribed by law for the crime
committed in its maximum period.
• Offenses not applicable to childred – vagrancy and
prostitution, mendicancy under PD 1563 and sniffing of
rugby under PD 1619 – child shall undergo counselling
and treatment program
CIRCUMSTANCES WHICH MITIGATE
CRIMINAL LIABILITY
1.ART. 13. Mitigating circumstances.—The following are mitigating circumstances:
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
attendant.
2.That the offender is under eighteen years of age or over seventy years. In the
case of the minor, he shall be proceeded against in accordance with the
provisions of article 80.
3.That the offender had no intention to commit so grave a wrong as that
committed.
4.That sufficient provocation or threat on the part of the offended party immediately
preceded the act.
5. That the act was committed in the immediate vindication of a grave offense to the
one committing the felony (delito), his spouse, ascendants, descendants, legitimate,
natural, or adopted brothers or sisters, or relatives by affinity within the same
degrees.
6. That of having acted upon an impulse so powerful as naturally to have produced
passion or obfuscation.
7. That the offender had voluntarily surrendered himself to a person in authority or his
agents, or that he had voluntarily confessed his guilt before the court prior to the
presentation of the evidence for the prosecution.
8. That the offender is deaf and dumb, blind or otherwise suffering some physical
defect which thus restricts his means of action, defense, or communication with his
fellow beings.
9. Such illness of the offender as would diminish the exercise of the will-power of the
offender without however depriving him of consciousness of his acts.
10.And, finally, any other circumstance of a similar nature and analogous to those
above mentioned.
• Ordinary mitigating circ – can be offset by generic agg.
Circ
• Privileged mit. Circ. – cannot be offset
Incomplete justifying or exempting
circ.