CRIMINAL LAW REVIEWER 4.

While being public officers or employees,

should commit an offense in the exercise of their
Article 1. Time when Act takes effect. — This Code functions; or
shall take effect on the first day of January, nineteen
hundred and thirty-two. (January 1, 1932) [Examples: Direct bribery, indirect bribery, fraud
against public treasury, possession of prohibited
Art. 2. Application of its provisions. — Except as interest, malversation of public funds or property,
provided in the treaties and laws of preferential failure of accountable officer to render accounts,
application, the provisions of this Code shall be illegal use of public funds or property, failure to
enforced not only within the Philippine Archipelago, make delivery of public funds or property, &
including its atmosphere, its interior waters and falsification by a public officer or employee
maritime zone, but also outside of its jurisdiction, committed with abuse of his official position]
against those who:
5. Should commit any of the crimes against
1. Should commit an offense while on a Philippine national security and the law of nations, defined
ship or airship; in Title One of Book Two of this Code.
[Exceptions: [Crimes against national security & law of
a. When the Philippine vessel or aircraft is in the nations: Treason, conspiracy and proposal to
territory of a foreign country; commit treason, espionage, inciting to war and
b. When the crime is committed on the high seas giving motives for reprisals, violation of neutrality,
on board a vessel not registered or licensed in the correspondence with hostile country, flight to
Philippines; enemy’s country & piracy and mutiny on the high
c. Warships seas]
d. Internal Management disputes on Merchant
ships] Art. 3. Definition. — Acts and omissions punishable by
law are felonies (delitos).
 An offense committed on the high seas on
board a foreign merchant vessel is not Felonies are committed not only by means of deceit
triable by our courts because it is (dolo) but also by means of fault (culpa).
considered as an extension of their
There is deceit when the act is performed with
territory.
deliberate intent; and there is fault when the wrongful
 But a continuing crime/offense on board a act results from imprudence, negligence, lack of
foreign vessel within territorial waters of foresight, or lack of skill.
Phil. is within Philippines’ jurisdiction
 Crimes not involving breach of public order
committed on board a foreign merchant
ELEMENTS OF FELONIES:
vessel in transit not triable by our courts.
1. There must be an act or omission
2. Should forge or counterfeit any coin or
2. The act or omission must be punishable by RPC
currency note of the Philippine Islands or
3. The act performed or the omission incurred by
obligations and securities issued by the
means of dolo or culpa
Government of the Philippine Islands;

3. Should be liable for acts connected with the

introduction into these Islands of the obligations
and securities mentioned in the preceding
number;

[Reason: dangerous to the economic interest of

the country]
 Intentional Felonies Culpable Felonies RPC SPL
*Act/omission is *Act/omission is not 4. Persons liable are: 4. Persons liable are all
malicious malicious Principals, Accomplices Principals
*Performed w/ *Injury caused is and Accessories
deliberate intent or unintentional (being 5. All acts are
malice the incident of another 5. Stages of Execution consummated
*Has the intention to act performed w/o include: Attempted,
cause an injury to malice Frustrated and 6. Do not appreciate
another *Results from Consummated modifying
imprudence, circumstances
negligence, lack of 6. Appreciates
foresight/skill Mitigating & 7. Penalties are in
Aggravating medium period
Circumstances.
8. Highest punishment
REQUISITES OF DOLO OR MALICE (INTENTIONAL 7. Appreciates is Life imprisonment
FELONIES) Modifying
1. He must have FREEDOM while doing/omitting Circumstances to arrive
at the proper penalty.
an act.
2. He must have an INTELLIGENCE while
7. Highest punishment
doing/omitting an act. *However,
is Reclusionthere are felonies in RPC like Technical
Perpetua
3. He must have an INTENT while doing/omitting Malversation wherein good faith is not a defense.
an act.
*In SPL, there are crimes like Plunder (Mala Inse)
REQUISITES OF MISTAKE OF FACT AS A DEFENSE: and Omission of voter’s name in the list of voters
wherein Good faith is a defense.
1. That the act done would have been lawful had
the facts been as the accused believed them to *Some SPL like Child Abuse Law also applies the
be nomenclature penalty of RPC and appreciates
2. That the intention of the accused in performing modifying circumstances
the act should be lawful
3. That the mistake must be without fault or
carelessness on the part of the accused.
REQUISITES OF CULPABLE FELONIES:
THREE CLASSES OF CRIMES:
1. He must have FREEDOM while doing/omitting
1. Intentional Felonies an act.
2. Culpable Felonies 2. He must have an INTELLIGENCE while
3. Those defined and penalized by Special Laws doing/omitting an act.
(Dolo is not required) 3. He is IMPRUDENT, NEGLIGENT, or LACKS
FORESIGHT/SKILL while doing an act or omitting
RPC Special Penal Laws to do an act.
1. Felonies are Mala Inse 1. Crimes are Mala MOTIVE WHEN NEED NOT BE ESTABLISHED
(there must be a criminal Prohibita (It is sufficient
intent) that the prohibited act 1. When the accused has been proven & evidence
was intentionally done) of identification is convincing
2. Act performed in bad 2. When defendant admits crime
faith 2. There is intent to 3. Guilt is established
perpetrate the act
3. Good faith is a MOTIVE WHEN RELEVANT
prohibited
defense
3. Good faith is not a 1. When the identity of the accused is in dispute
defense
 2. When there is doubt to the identity of the 2. That the wrong done to the aggrieved party be
assailant the direct, natural and logical consequence of
3. When identification of the accused is from an the felony committed.
unreliable resources and testimony is
The felony committed is not the proximate cause of the
inconclusive and not free from doubt
resulting injury when:
4. In ascertaining the truth between 2 antagonistic
theories 1. There is an active force that intervened
5. When there is no eyewitness between the felony committed and the
6. When evidence is merely circumstantial resulting injury and the active force is a distinct
act or fact absolutely foreign from the felonious
act of the accused.
 Motive is proved by testimony of witnesses on 2. The resulting injury is due to the intentional act
the acts or statements of the accused before or of the victim.
immediately after the commission of the
The death of the victim is presumed to be the natural
offense
consequence of the physical injuries inflicted, when the
 Proof of motive alone is not sufficient to
following facts are established:
support conviction
 Lack of motive may be an aid in showing the 1. That the victim at the time of the physical
innocence of the accused. injuries were inflicted was in normal health
2. That the death may be expected from the
physical injuries inflicted
Art. 4. Criminal liability. — Criminal liability shall be 3. That death insued within a reasonable time
incurred:

1. By any person committing a felony (delito) although

REQUISITES OF IMPOSSIBLE CRIME:
the wrongful act done be different from that which he
intended. 1. That the act performed would be an offense
against persons or property.
2. By any person performing an act which would be an
2. That the act was done with evil intent
offense against persons or property, were it not for the
3. That its accomplishment is inherently
inherent impossibility of its accomplishment or on
impossible, or that the means employed is
account of the employment of inadequate or
either inadequate or ineffectual
ineffectual means.
4. That the act performed should not constitute a
violation of another provision of the RPC.

A person committing a felony is still criminally liable Felonies against persons:

even if:
Parricide, Murder, Homicide, Infanticide, Abortion,
a. There is mistake in the identity of the victim Duel, Physical Injuries, Rape
(ERROR PERSONAE)
Felonies against property:
b. There is mistake in the blow (ABERRATIO
ICTUS) Robbery, Brigandage, Theft, Usurpation, Culpable
c. The injurious result is greater than that he Insolvency, Swindling and other deceits, Chattel
intended (PRAERTER INTENTIONEM) Mortgage, Arson and other crimes involving
destruction, Malicious Mischief
REQUISITES TO HOLD A PERSON CRIMINALLY LIABLE
FOR A FELONY DIFFERENT FROM WHICH HE INTENDED:

1. An intentional felony has been committed Art. 5. Duty of the court in connection with acts which
should be repressed but which are not covered by the
law, and in cases of excessive penalties. — Whenever a
court has knowledge of any act which it may deem Art. 6. Consummated, frustrated, and attempted
proper to repress and which is not punishable by law, felonies. — Consummated felonies, as well as those
it shall render the proper decision and shall report to which are frustrated and attempted, are punishable.
the Chief Executive, through the Department of
A felony is consummated when all the elements
Justice, the reasons which induce the court to believe
necessary for its execution and accomplishment are
that said act should be made the subject of penal
present; and it is frustrated when the offender
legislation.
performs all the acts of execution which would
In the same way the court shall submit to the Chief produce the felony as a consequence but which,
Executive, through the Department of Justice, such nevertheless, do not produce it by reason of causes
statement as may be deemed proper, without independent of the will of the perpetrator.
suspending the execution of the sentence, when a
There is an attempt when the offender commences the
strict enforcement of the provisions of this Code would
commission of a felony directly by overt acts, and does
result in the imposition of a clearly excessive penalty,
not perform all the acts of execution which should
taking into consideration the degree of malice and the
produce the felony by reason of some cause or
injury caused by the offense.
accident other than his own spontaneous desistance.

1st paragraph which contemplates a trial of a criminal

Development of a crime:
case requires the following:
1. Internal Acts – not punishable
1. The act committed by the accused appears not
2. External Acts – includes Preparatory Acts and
punishable by any law
Acts of Execution
2. But the court deems it proper to repress such
act Stages of Acts of Execution:
3. In that case, the court must render the proper
decision by dismissing the case and acquitting 1. Attempted
the accused. 2. Frustrated &
4. The judge must then make a report to the Chief 3. Consummated
executive through the Secretary of Justice, ELEMENTS OF ATTEMPTED FELONY:
stating the reasons which induce him to believe
that the said act should be made the subject of 1. The offender commences the commission of
a penal legislation. the felony directly by overt acts
2. He does not perform all the acts of execution
In cases of excessive penalties: which should produce the felony
1. The court after trial finds the accused guilty. 3. The offender’s act is not stopped by his own
2. The penalty provided by law and which the spontaneous desistance
court imposes for the crime committed appears 4. The non-performance of all acts of execution
to be clearly excessive, because – was due to cause or accident other than his own
a. The accused acted with lesser degree of spontaneous desistance.
malice or/and (In attempted felony, the offender never passes the
b. There is no injury or the injury caused is subjective phase of the offense. There is no wound
of lesser gravity inflicted or the wound inflicted was not mortal)
3. The court should not suspend the execution of
the sentence. ELEMENTS OF FRUSTRATED FELONY:
4. The judge should submit a statement to the 1. The offender performs all the acts of execution.
Chief Executive, through the Secretary of 2. All the acts performed would produce the
Justice, recommending executive clemency. felony as a consequence
3. But the felony is not produced
 4. By reason of causes independent of the will of 2. Elements constituting the felony
the perpetrator 3. Manner of committing the same

(The wound inflicted must be mortal) MANNER OF COMMITTING THE CRIME

Frustrated felony Attempted Felony 1. Formal Crimes – consummated in one instant,

no attempt.
1. The offender has 1. The offender merely Ex: Slander & False Testimony
performed all the acts of commences the (Because between the thought and the deed
execution which would commission of a felony there is no chain of acts that can be severed
produce the felony directly by overt acts in any link)
2. Crimes consummated by mere attempt or
2. The offender reached 2. The offender has not
proposal or by overt act.
the objective phase
Slander passed the subjective
Ex: Flight to enemy’s country, Corruption of
phase
3. No intervention of minors, & Treason
foreign or extraneous 3. There is such 3. Felony by omission
cause between the intervention and the (because the offender does not execute acts)
consummation of the offender does not arrive 4. Crimes requiring the intervention of two
crime and the moment at the point of persons to commit them are consummated by
when all the acts are performing all the acts mere agreement
performed which should produce Ex: betting in sports contests & corruption of
the crime. public officer
5. Material Crimes
In both, the offender does not accomplished his (There are 3 stages of execution)
criminal purpose.
Art. 7. When light felonies are punishable. — Light
felonies are punishable only when they have been
A/F FELONY IMPOSSIBLE CRIME consummated, with the exception of those committed
against persons or property.
1. Evil intent is possible 1. Evil intent cannot be
of accomplishment. accomplished
Example of Light Felonies:
2. What prevented it is 2. because it is
the intervention of the inherently impossible of 1. Slight physical injuries & Maltreatment
certain cause or accident accomplishment or the 2. Theft
in which the offender means employed is 3. Alteration of boundary marks
has no part. inadequate or 4. Malicious Mischief
ineffectual. 5. Intriguing against honor

The evil intent of the offender is not accomplished. General Rule:

Light felonies are punishable only when they have been

consummated
(There is no attempted or frustrated impossible crime)
(Produce only such light and insignificant moral and
Two Kinds of Inherent impossibility (Impossible Crime):
material injuries that public conscience is satisfied with
1. Legal impossibility providing a light penalty)
2. Physical Impossibility
Exception:
How to determine whether the crime is only
Light felonies committed against persons or properties
attempted/frustrated/consummated?
are punishable even attempted or frustrated.
1. Nature of the offense
(Because it presupposes in the offender moral  MONOPOLIES & COMBINATIONS IN RESTRAINT
depravity) OF TRADE – Prision Correccional
 CONSPIRACY AND PROPOSAL TO COMMIT
Art. 8. Conspiracy and proposal to commit felony. —
TREASON
Conspiracy and proposal to commit felony are
o Conspiracy - For Leader – Prision mayor
punishable only in the cases in which the law specially
in its minimum period & a fine not
provides a penalty therefor.
exceeding 2 million pesos
A conspiracy exists when two or more persons come to o Proposal – Prision correccional in its
an agreement concerning the commission of a felony maximum period & a fine not exceeding
and decide to commit it. 1 million pesos
 CONSPIRACY AND PROPOSAL TO COMMIT
There is proposal when the person who has decided to
COUP D’ETAT, REBELLION & INSURRECTION -
commit a felony proposes its execution to some other
Prision mayor in its minimum period & a fine
person or persons.
not exceeding 1 million pesos
 CONSPIRACY TO COMMIT SEDITION – Prision
correccional in its minimum period and a fine
REQUISITES OF CONSPIRACY:
not exceeding 400K
1. Two or more came to an agreement
REQUISITES OF PROPOSAL:
2. The agreement concerned the commission of a
felony 1. That a person decided to commit a felony
2. That he proposes its execution to some other
The execution of the felony be decided upon
person or persons

General Rule:
There is no criminal proposal when:
Conspiracy and proposal to commit felony are not
1. The person who proposes is not determined to
punishable
commit the felony
Exception: 2. There is no decided, concrete and formal
proposal.
They are punishable only in the cases in which the law 3. It is not the execution of a felony that is
special provides a penalty therefore proposed.
Reason for this rule:

Conspiracy and proposal to commit a crime are only Art. 9. Grave felonies, less grave felonies, and light
preparatory acts, and the law regards them as innocent felonies. — Grave felonies are those to which the law
or at least permissible except in rare and exceptional attaches the capital punishment or penalties which in
cases any of their periods are afflictive, in accordance with
Article 25 of this Code.
 TREASON – Reclusion perpetua to death & a
fine not more than 4 million Less grave felonies are those which the law punishes
o For an alien, reclusion temporal to with penalties which in their maximum period are
death & 4 million correctional, in accordance with the above-mentioned
 SEDITION article.
o For Leader – Prision mayor in its Light felonies are those infractions of law for the
minimum period & a fine not exceeding commission of which the penalty of arresto menor or a
2 million pesos fine not exceeding 40,000 pesos, or both, is provided.
o For participants – Prision correccional in
AFFLICTIVE PENALTIES
its maximum period & a fine not
Reclusion Perpetua
exceeding 1 million pesos Reclusion Temporal
Prision Mayor 4. Any person who, in order to avoid an evil or injury,
Perpetual/Temporary does an act which causes damage to another, provided
Absolute Disqualification
Perpetual/Temporary that the following requisites are present:
Special Disqualification
CORRECCIONAL PENALTIES First. That the evil sought to be avoided actually exists;
Prision Correccional
Suspension Second. That the injury feared be greater than that
Destierro done to avoid it.
Arresto Mayor
LIGHT PENALTIES Third. That there be no other practical and less
Fine harmful means of preventing it.
Bond to keep peace
5. Any person who acts in the fulfillment of a duty or in
the lawful exercise of a right or office.
Art. 10. Offenses not subject to the provisions of this
6. Any person who acts in obedience to an order issued
Code. — Offenses which are or in the future may be
by a superior for some lawful purpose.
punishable under special laws are not subject to the
provisions of this Code. This Code shall be
supplementary to such laws, unless the latter should
REQUISITES OF SELF-DEFENSE
specially provide the contrary.
1. Unlawful aggression
[Peril to one’s life, limb or right must be:
Art. 11. Justifying circumstances. — The following do Actual – that the danger must be present,
not incur any criminal liability: that is actually in existence
Imminent – that the danger is on point of
1. Anyone who acts in defense of his person or rights,
happening. It is not required that the attack
provided that the following circumstances concur:
already begins, for it may be too late]
First. Unlawful aggression; 2. Reasonable necessity of the means employed to
prevent or repel it
Second. Reasonable necessity of the means employed 3. Lack of sufficient provocation on the part of the
to prevent or repel it; person defending himself
Third. Lack of sufficient provocation on the part of the
person defending himself. 1st Defense: Unlawful Aggression
2. Anyone who acts in defense of the person or rights
of his spouse, ascendants, descendants, or legitimate,  Slap on the facee constitutes unlawful
natural, or adopted brothers or sisters, or of his aggression because the face represents a
relatives by affinity in the same degrees, and those by person and his dignity. It is a serious personal
consanguinity within the fourth civil degree, provided attack.
that the first and second requisites prescribed in the
next preceding circumstance are present, and the RETALIATION SELF-DEFENSE
further requisite, in case the provocation was given by The aggression that The aggression was still
the person attacked, that the one making defense had was begun by the existing when the
no part therein. injured party ceased to aggressor was injured
exist when the accused or disabled by the
3. Anyone who acts in defense of the person or rights attacked him person making a
of a stranger, provided that the first and second defense.
requisites mentioned in the first circumstance of this
article are present and that the person defending be
 Self-defense must be simultaneous to the attack
not induced by revenge, resentment or other evil
made by the aggressor
motive.
 The following must be considered to belie claim of 3rd Requisite: Lack of sufficient provocation on the
self defense: part of the person defending himself.

1. Nature, Character, Location, Extent of Present when:

wound
1. When no provocation at all was given to
2. Physical fact
the aggressor by the person defending
himself
 When the aggressor flees, unlawful aggression
2. When, even a provocation was given, it was
no longer exists
not sufficient
 If it is clear that the purpose of the aggressor in
3. When, even if the provocation was
retreating is to take more advantageous
sufficient, it was not given by the person
position to insure the success of the attack, the
defending himself; or
unlawful aggression is considered continuing.
4. When, even if a provocation was given by
 There is no lawful aggression when there is
the person defending himself, it was not
agreement to fight.
proximate and immediate to the act of
 One who voluntary joined a fight cannot claim
aggression.
self-defense.
 The belief of the accused may be considered in 3 “Cycle of Violence” of Battered Woman Syndrome
determining the existence of unlawful
1. Tension-building phase
aggression.
2. Acute battering incident
 Mere threatening attitude is not unlawful
3. Tranquil, loving, or at least non-violent stage
aggression.
 Aggression must be real, not merely imaginary. Relatives that can be defended:

1. Spouse
2. Ascendants
2nd Defense: Reasonable necessity of the means 3. Descendant
employed to prevent or repel it 4. Legitimate, natural or adopted brothers &
[generally, for self-preservation] sisters, or relatives or affinity in the same
degrees
 The reasonableness of the necessity depends 5. Relatives by consanguinity within the fourth
upon the circumstances. civil degree
o Necessity of the course of action taken
 Place and occasion of the Requisites of defense of relatives:
assault considered 1. Unlawful aggression
 Time of assault (night) 2. Reasonable necessity of the means employed to
 The person depending is not expected to prevent or repel it
control his blow 3. In case the provocation was given by the person
 The measure of rational necessity is to be found attacked, the one making the defense had no
in the situation as it appeared to the person part therein.
defending at the time when the blow was
struck. Requisites of defense of stranger:

The test of reasonableness of the means used. 1. Unlawful aggression

2. Reasonable necessity of the means employed to
1. The nature and quality of weapons prevent or repel it
2. Physical condition, character and size (of the 3. The person defending be not be induced by
aggressor) revenge, resentment, or other evil motive.
3. Other circumstances considered.
Requisites of Avoidance of greater evil or injury:  Dementia praecox, now called schizophrenia,
covered by insanity
1. That the evil sought be avoided actually exist
 Epilepsy may be covered by insanity provided
2. That the injury feared be greater than that done
he was under an epileptic fit
to avoid it
 Kleptomania may be covered by insanity
3. That there be no other practical and less
provided that the unlawful act is due to his
harmful means of preventing it.
mental disease or defect producing an
[covers injury to persons or damage to property] irresistible impulse, which make the accused
deprived of his power or will to prevent the act.
 There is civil liability borne by the persons
benefited in this paragraph Sec. 6, RA 9344 “Juvenile Justice and Welfare Act”
repealed p.3 of Art.12
Requisites of Fulfilment of duty or lawful exercise of
right or office:  The minimum age of criminal responsibility is 15
years or under, subject to intervention program,
1. That the accused acted in the performance of a
unless he/she acted with discernment.
duty or in the lawful exercise of a right or office
2. That the injury caused or the offense Periods of Criminal Responsibility:
committed be the necessary consequences of
1. The age of absolute irresponsibility – 15 years
the due performance of duty or the lawful
and below (infancy)
exercise of such right or office
2. The age of conditional responsibility – 15 years
Requisites to an Obedience to an order issued for and 1 day to 18 years
some lawful purpose: 3. The age of full responsibility – 18 years or over
(adolescence) to 70 years old (maturity)
1. That an order has been issued by a superior
4. The age of mitigated responsibility – 15 years
2. That such order must be for some lawful
and 1 day to 18 years, the offender acting with
purpose
discernment; over 70 years of age
3. That the means used by the subordinate to
carry out said order is lawful Child in conflict with law – below 18 years old but not
less than 15 years and 1 day.

Discernment Intent
Basis of Exempting Circumstances:
 Relates to the moral  Refers to the desired
Complete absence of intelligence, freedom of action, significance that a act of the person
intent, or on the absence of negligence on the part of person ascribes to the
the accused. said act

Discernment may be shown by:

IMBECILE INSANITY
 Exempt in all cases  Not so exempt if it 1. Manner of committing the crime
from criminal liability can be shown that he 2. Conduct of the offender
 Who, while advance acted during a lucid
in age, has a mental interval  Allegation of intent to kill is sufficient allegation
development of discernment
comparable to that of
children between 2 & Element of p. 4, Art. 12 (Accidents)
7 years of age. 1. A person is performing a lawful act
 Offender could not distinguish right from wrong. 2. With due care
3. He causes an injury to another by mere accident
4. W/o fault or intention of causing it
 Elements of (compulsion under irresistible force): Entrapment Instigation
 Ways and means are  Instigator induces the
1. That the compulsion is by means of
resorted for the would-be accused to
physical force purpose of trapping commit the offense
2. That the physical force must be irresistible and capturing the and he, himself
3. That the physical force must come from a lawbreaker in the become a co-
third person execution of his principal
 The duress, force, fear or intimidation must be criminal plan  The accused must be
present, imminent and impending and of such  No bar to the acquitted
nature prosecution and
 A threat or future injury is not enough conviction of the
lawbreaker
Elements of (impulse who acts under the impulse of
uncontrollable fear)
 Assurance of immunity by a public officer does
1. That the threat which causes the fear is of an not exempt a person from criminal liability.
evil greater than or at least equal to, that
which he is required to commit Mitigating Circumstances are based on the diminution
2. That it promises an evil of such gravity and of either freedom of action, intelligence, or intent, or on
imminence that the ordinary man would have the lesser perversity of the offender.
succumbed to it. Ordinary Mitigating Privileged Mitigating
Irresistible Force Uncontrollable Fear  Susceptible of being  Cannot be offset by
 Offender uses  The offender offset by any aggravating
violence or force employs aggravating circumstances
to compel another intimidation or circumstance  Produces the effect
person to commit threat in compelling  If not offset by of imposing upon the
a crime another to commit mitigating c., offender the penalty
a crime produces only the lower by one or two
effect of applying degrees that that
the penalty provided by law for
Elements of Omission (p. 7, Art. 12) provided, in case of the crime
divisible penalty
1. That an act is required by the law to be done
2. That a person fails to perform such act
3. That his failure to perform such act was due to
some lawful or insuperable cause Circumstances of justification or exemption which may
Other absolutory causes: give place to mitigation:

 Art. 6 Spontaneous desistance of accused 1. Self-defense

 Accessories who are exempt from criminal 2. Defense of Relatives
liability under Art. 20 3. Defense of strangers
 Compulsory confinement of violent or insane 4. State of necessity
person in a hospital 5. Performance of duty
 Death or physical injuries inflicted under 6. Obedience to order of superior
exceptional circumstances 7. Minority above 15 but below 18 years of age
 Trespass to dwelling 8.
9. Causing injury by mere accident
 Persons exempt from criminal liability (theft,
10. Uncontrollable fear
swindling or malicious, mischief)
 Instigation
When all requisites necessary to justify the act are not
attendant:
Sufficient Provocation as Sufficient provocation as
1. Incomplete self-defense, defense of relatives, requisite in incomplete a mitigating
and defense of stranger defense circumstance
2. Incomplete justifying circumstance of avoidance  Pertains to its  Pertains to its
of greater evil or injury absence on the part presence on the part
3. Incomplete justifying circumstance of of the person of the offended party
performance of duty defending himself
4. Incomplete justifying circumstance of
obedience to an order  Provocation must be immediate to the
When all the requisites necessary to exempt from commission of the crime
criminal liability are not attendant:  Threat immediately preceded the act.

1. Incomplete exempting circumstance of minority REQUISITES OF P.4 (Immediate vindication of a grave

over 15 and under 18 years of age offense)
2. Incomplete exempting circumstance of accident 1. That there be a grave offense done to the one
3. Incomplete exempting circumstance of committing that felony, his spouse, ascendants,
uncontrollable fear descendants, legitimate, natural or adopted
brothers or sisters, or relatives by affinity
 Intention, being an internal state, must be within the same degrees
judged by external acts 2. That the felony is committed in vindication of
 The weapon used, the part of the body injured, such grave offense. A lapse of time is allowed
the injury inflicted and the manner it is inflicted between the vindication and the doing of the
may show that the accused intended the wrong grave offense.
committed.
 Lack of intent to kill, not mitigating in physical
injuries
 M.C. is not appreciated in murder qualified by
treachery
 Not applicable to felonies by negligence
 Applicable only to offenses resulting in physical
injuries or material harm.
 Applied in Malversation of Public Funds

Basis of p.3: Intent, an element of voluntariness in

intentional felony is diminished.

REQUISITES OF PROVOCATION

1. That the provocation must be sufficient

2. That it must originate from the offended party;
and
3. That the provocation must be immediate to the
act, i.e., to the commission of the crime by the
person who is provoked

 Provocation must originate from the offended

party