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ARTICLE 11 Justifying circumstances.

I.

SELF-DEFENSE Requisites: 1. Unlawful aggression 2. Reasonable necessity of the means employed to prevent or repel it 3. Lack of sufficient provocation

Requisites: 1. That an order has been issued by a superior 2. That such order must be for some lawful purpose 3. That the means used by the subordinate to carry out said order is lawful

ARTICLE 12 Circumstances which exempt from criminal liability.

II. DEFENSE OF RELATIVES Relatives that can be defended: 1. Spouse 2. Ascendants 3. Descendants 4. Legitimate, natural or adopted brothers and sisters, or relatives by affinity in the same degrees 5. 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. Requisites: 1. Unlawful aggression 2. Reasonable necessity of the means employed to prevent or repel it 3. In case the provocation was given by the person attacked, the one making a defense had no part therein

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 act 2. With due care 3. He causes an injury to another by mere accident 4. Without fault or intention of causing it

V. ACTING UNDER THE COMPULSION OF IRRESISTIBLE FORCE III. DEFENSE OF STRANGER Requisites: 1. Unlawful aggression 2. Reasonable necessity of the means employed to prevent or repel it 3. The person defending be not induced by revenge, resentment, or other evil motive Elements: 1. That the compulsion is by means of physical force 2. That the physical force must be irresistible 3. 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 commit 2. 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 fear b. The fear must be real and imminent c. The fear of an injury is greater than or at least equal to that committed

IV. AVOIDANCE OF GREATER EVIL OR INJURY Requisites: 1. That the evil sought to be avoided actually exists 2. That the injury feared be greater than that done to avoid it 3. 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 office 2. 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

VII. FAILURE TO PERFORM AN ACT REQUIRED BY LAW VI. OBEDIENCE TO AN ORDER ISSUED FOR SOME LAWFUL PURPOSE Elements: 1. That an act is required by law to be done 2. That a person fails to perform such act

*Mara Martinez*

3. That his failure to perform such act was due to some lawful or insuperable cause

considerable length of time, during which the perpetrator might recover his normal equanimity.

VII. VOLUNTARY SURRENDER OR VOLUNTARY CONFESSION ARTICLE 13 Mitigating circumstances. A. Voluntary Surrender Requisites: 1. The offender had not been actually arrested 2. The offender surrendered himself to a person in authority or to the latters agent 3. The surrender was voluntary B. Voluntary Confession Requisites of plea of guilty: 1. The offender spontaneously confessed his guilt 2. The confession of guilt was made in open court, that is, before the competent court that is to try the case 3. The confession of guilt was made prior to the presentation of evidence for the prosecution

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

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

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

IX.

ILLNESS RESULTING TO LOSS OF THE EXERCISE OF WILL-POWER

IV. SUFFICIENT PROVOCATION OR THREAT FROM THE OFFENDED PARTY IMMEDIATELY PRECEDES THE ACT Requisites: 1. The provocation must be sufficient 2. It must originate from the offended party 3. It must be immediate to the act

Requisites: 1. The illness of the offender must diminish the exercise of his will-power 2. Such illness should not deprive the offender of consciousness of his acts

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

*Mara Martinez*

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