elements

ARTICLE 11Justifying circumstances.

I. SELF-DEFENSE

Requisites:1. Unlawful aggression2. Reasonable necessity of the means employed to prevent or

repel it3. Lack of sufficient provocation

II. DEFENSE OF RELATIVES

Relatives that can be defended:1. Spouse2. Ascendants3. Descendants4. Legitimate, natural or adopted brothers and sisters, or

relatives by affinity in the same degrees5. Relatives by consanguinity within the fourth civil degree

- Brothers and sisters are within the second civil degree; uncle and niece or aunt and nephew are within the third civil degree; and first cousins are within the fourth civil degree.


repel it3. In case the provocation was given by the person attacked,

the one making a defense had no part therein

III. DEFENSE OF STRANGER


repel it3. The person defending be not induced by revenge,

resentment, or other evil motive

IV. AVOIDANCE OF GREATER EVIL OR INJURY

Requisites:1. That the evil sought to be avoided actually exists2. That the injury feared be greater than that done to avoid it3. That there be no other practical and less harmful means of

preventing it

V. FULFILLMENT OF DUTY OR LAWFUL EXERCISE OF RIGHT OR OFFICE

Requisites:1. That the accused acted in the performance of a duty or in

the lawful exercise of a right or office2. That the injury caused or the offense committed be the

necessary consequence of the due performance of duty or the lawful exercise of such right or office

VI. OBEDIENCE TO AN ORDER ISSUED FOR SOME LAWFUL PURPOSE

Requisites:1. That an order has been issued by a superior2. That such order must be for some lawful purpose3. That the means used by the subordinate to carry out said

order is lawful

ARTICLE 12Circumstances which exempt from criminal liability.

I. IMBECILITY OR INSANITY

II. UNDER NINE YEARS OF AGE

III. OVER NINE YEARS OF AGE AND UNDER FIFTEEN, UNLESS ACTED WITH DISCERNMENT

IV. PERFORMANCE OF A LAWFUL ACT WITH DUE CARE

Elements:1. A person is performing a lawful act2. With due care3. He causes an injury to another by mere accident4. Without fault or intention of causing it

V. ACTING UNDER THE COMPULSION OF IRRESISTIBLE FORCE

Elements:1. That the compulsion is by means of physical force2. That the physical force must be irresistible3. That the physical force must come from a third person

VI. ACTING UNDER THE IMPULSE OF AN UNCONTROLLABLE FEAR OF AN EQUAL OR GREATER INJURY

Elements:1. That the threat which causes the fear is of an evil greater

than or at least equal to that which he is required to commit2. That it promises an evil of such gravity and imminence that

the ordinary man would have succumbed to it

Requisites for the exempting circumstance of uncontrollable fear to be invoked successfully:

a. Existence of an uncontrollable fearb. The fear must be real and imminentc. The fear of an injury is greater than or at least equal to that

committed

VII. FAILURE TO PERFORM AN ACT REQUIRED BY LAW

Elements:

*Mara Martinez*

1. That an act is required by law to be done2. That a person fails to perform such act3. That his failure to perform such act was due to some lawful

or insuperable cause

ARTICLE 13Mitigating circumstances.

I. INCOMPLETE REQUISITES TO JUSTIFY THE ACT OR EXEMPT FROM CRIMINAL LIABILITY

Justifying of exempting circumstances which may give place to mitigation:

(1) Self-defense (Art. 11, par. 1)(2) Defense of relatives (Art. 11, par. 2)(3) Defense of stranger (Art. 11, par. 3)(4) State of necessity (Art. 11, par. 4)(5) Performance of duty (Art. 11, par. 5)(6) Obedience to order of superior (Art. 11, par. 6)(7) Minority above 15 but below 18 years of age (RA 9344)(8) Causing injury by mere accident (Art. 12, par. 4)(9) Uncontrollable fear (Art. 12, par. 6)

II. UNDER 18 OR OVER 70 YEARS OF AGE

III. NO INTENTION TO COMMIT SO GRAVE A WRONG AS THAT COMMITTED

IV. SUFFICIENT PROVOCATION OR THREAT FROM THE OFFENDED PARTY IMMEDIATELY PRECEDES THE ACT

Requisites:1. The provocation must be sufficient2. It must originate from the offended party3. It must be immediate to the act

V. IMMEDIATE VINDICATION OF A GRAVE OFFENSE

Requisites:1. That there be a grave offense done to the one committing

the felony, his spouse, ascendants, descendants, legitimate, natural or adopted brothers or sisters, or relatives by affinity within the same degrees;

2. That the felony is committed in vindication of such grave offense. A lapse of time is allowed between the vindication and the doing of the grave offense.

VI. ACTING UNDER THE IMPULSE OF PASSION OR OBFUSCATION

Requisites:

1. That there be an act, both unlawful and sufficient to produce such a condition of the mind

2. That said act which produced the obfuscation was not far removed from the commission of the crime by a considerable length of time, during which the perpetrator might recover his normal equanimity.

VII. VOLUNTARY SURRENDER OR VOLUNTARY CONFESSION

A. Voluntary Surrender

Requisites:1. The offender had not been actually arrested2. The offender surrendered himself to a person in

authority or to the latter’s agent3. The surrender was voluntary

B. Voluntary Confession

Requisites of plea of guilty:1. The offender spontaneously confessed his guilt2. The confession of guilt was made in open court, that

is, before the competent court that is to try the case3. The confession of guilt was made prior to the

presentation of evidence for the prosecution

VIII. DEAF AND DUMB, BLIND OR OTHERWISE SUFFERING FROM SOME PHYSICAL DEFECT

IX. ILLNESS RESULTING TO LOSS OF THE EXERCISE OF WILL-POWER

Requisites:1. The illness of the offender must diminish the exercise of his

will-power2. Such illness should not deprive the offender of

consciousness of his acts

*Mara Martinez*

elements

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