CHAPTER TWO JUSTIFYING Par. 1.

Self-Defense
CIRCUMSTANCES AND CIRCUMSTANCES Rights included in self-defense:
WHICH EXEMPT Self-defense includes not only the defense of the person
FROM CRIMINAL LIABILITY (ARTS. 11-12) or body of the one assaulted but also that of his rights,
the enjoyment of which is protected by law. Thus, it
Five circumstances affecting criminal liability: includes:
1.Justifying circumstances; Art. 11, RPC (6); R.A. 9262
VAWC 1. The right to honor. Hence, a slap on the face is
2. Exempting circumstances; Art. 12, RPC (7) considered as unlawful aggression since the face
3. Mitigating circumstances; Art. 13, RPC (10) represents a person and his dignity. It is a serious
4. Aggravating circumstances; Art. 14, RPC (21) personal attack; a physical assault, coupled with a
5. Alternative circumstances; Art. 15, RPC (3) willful disgrace; and it may, therefore, be frequently
regarded as placing in real danger a person’s dignity,
Other circumstances found elsewhere in the RPC: rights and safety (Rugas vs. People, GR No. 147789,
1. Absolutory cause – the effect is to absolve the Jan. 14, 2004).
offender from criminal liability, although not from
civil liability. 2. The defense of property rights can be invoked if there
2. Extenuating circumstances - the effect is to mitigate is an attack upon the property although it is not coupled
the criminal liability of the offender and has the with an attack upon the person of the owner of the
same effect as mitigating circumstances (i.e. premises. All the elements for justification must
Concealment of dishonor in the crime of infanticide however be present (People vs. Narvaez, 121 SCRA
insofar as the mother and maternal grandparents are 389, 1983).
concerned, the penalty is lowered by two degrees;
the crime of adultery committed by a married Subjects of Self-Defense: (PRPH)
woman abandoned by her husband) a. Defense of Person
b. Defense of Rights
Imputability c. Defense of Property
It the quality by which an act may be ascribed to a d. Defense of Honor
person as its author or owner. It implies that the act
committed has been freely and consciously done and What is important is not the duality of the attack but
may therefore be put down to the doer as his very own. whether the means employed is reasonable to prevent
the attack.
Responsibility
It is the obligation of taking the penal and civil Self Defense is lawful because:
consequences of the crime. a. Impulse of self-preservation;
b. State cannot provide protection for each of its
Guilt constituents.
It is an element of responsibility, for a man cannot be
made to answer for the consequences of a crime unless Stand ground when in the right
he is guilty. The law does not require a person to retreat when
his assailant is rapidly advancing upon him with a
ARTICLE 11 JUSTIFYING CIRCUMSTANCES deadly weapon.

Justifying Circumstances Reason: He runs the risk of being attacked in the back
Those where the act of a person is said to be in by the aggressor.
accordance with law, so that such person is deemed not
to have transgressed the law and is free from both Requisites: (URL)
criminal and civil liability. There is no civil liability, 1.Unlawful aggression (condition sine qua non); Kinds
except in par. 4 of Art. 11 where the civil liability is of aggression:
borne by the persons benefited by the act. a. Lawful
i. In the exercise of a right
An affirmative defense, hence, the burden of proof is on ii. In the fulfillment of a duty
the accused who must prove it by clear and b. Unlawful
convincingevidence.
2. Reasonable necessity of the means employed to
There is both NO crime and NO criminal. prevent or repel it (if by a peace officer, reasonable
Basis: Lack of criminal intent. necessity of the means employed to overcome
opponent); and
3. Lack of sufficient provocation on the part of the d. Impelled by the instinct of self-preservation;
person defending himself. e. Size and/or physical character of the aggressor
compared to the accused and other circumstances
Unlawful aggression that can be considered showing disparity between
a. Equivalent to an actual physical assault; or aggressor and accused.
b. Threatened assault of an immediate and
imminent kind which is offensive and positively This element should be interpreted liberally in favor
strong, showing the wrongful intent to cause injury. of the law-abiding citizen.
Retaliation Self-defense
Perfect equality between the weapons used by the
Inceptual unlawful Unlawful aggression was one defending himself and that of the aggressor is
aggression had already still existing when the not required, neither is the material
ceased when the accused aggressor was injured by commensurability between the means of attack and
attacked him. the person making the defense. Rational equivalence is enough.
defense.
Reason: Because the person assaulted does not have
There must be no sufficient tranquility of mind to think and to
appreciable time interval calculate.
between the unlawful
aggression and the killing. Retreat of aggressor – aggression ceases;
EXCEPT: when retreat is made to take a more
Actual advantageous position to insure the success of the
The danger must be present, that is, actually in attack begun, unlawful aggression continues.
existence.
Under Republic Act 9262, known as the Anti- Violence
Imminent against Women and their Children Act of 2004:
The danger is on the point of happening. It is not
required that the attack already begins, for it may be Victim-survivors who are found by the courts to be
too late. suffering from Battered Woman Syndrome do not incur
any criminal or civil liability notwithstanding the
c. Must come from the person attacked by the absence of any of the elements for justifying
accused. No unlawful aggression when there was an circumstances of self- defense under the RPC. (Sec. 26,
agreement to fight. R.A. No. 9262) The law provides for an additional
The challenge to fight must be accepted. justifying circumstance.
But aggression which is ahead of a stipulated time
and place is unlawful. Battered Woman Syndrome
It is a scientifically defined pattern of psychological
d. Not merely oral threats or threatening stance or and behavioral symptoms found in women living in
posture. battering relationships as a result of cumulative abuse.
Mere belief of an impending attack is not sufficient.
“Cycle of violence” has three phases: (TAT)
e. In relation to “mistake of fact,” the belief of the 1. The Tension building phase;
accused may be considered in determining the 2. The Acute battering incident;
existence of unlawful aggression.E.g. there is self- 3. The Tranquil, loving (or at least non-violent)
defense even if the aggressor used a toy gun, phase (People v. Genosa G.R. No. 135981, January
provided that the accused believed it to be a real 15, 2004).
gun.
Four characteristics of the syndrome:
1. The woman believes that the violence was her
Reasonable necessity of the means employed fault;
1. It involves two elements, necessity for the course 2. She has an inability to place the responsibility for
of action and necessity of the means employed, the violence elsewhere;
which should be reasonable. 3. She fears for her life and/or her children’s life;
and
2. In determining reasonable means, some factors 4. She has an irrational belief that the abuser is
are to be considered such as: (PINES) omnipresent and omniscient.
a. Presence of imminent danger;
b. Emergency to which the person defending Only a certified psychologist or psychiatrist can
himself has been exposed to; prove the existence of the Battery Woman
c. Nature and quality of the weapon used by the Syndrome in a woman.
accused compared to the weapon of the aggression;
 Battery
It is any act of inflicting physical harm upon the Requisites:
woman or her child resulting to physical and 1. Unlawful aggression;
psychological or emotional distress. 2. Reasonable necessity of the means employed to
prevent or repel it; and
Lack of Sufficient Provocation 3. The person defending was not induced by
Sufficient provocation should not come from revenge, resentment or other evil motive.
the person defending himself/accused, and it must
immediately precede the aggression. Motive is relevant only in this kind of defense.

Defense of property should be coupled with danger Justification: The ordinary person would not stand idly
to the person defending oneself; if there is no danger by and see his companion killed without attempting to
to the person or the person’s life or limb, defense of save his life.
property cannot be invoked.
Par. 4. Avoidance of greater evil or injury
Par. 2. Defense of Relatives
State of Necessity
Requisites:
1. Unlawful aggression; Article 11, par. 4 – offender deliberately caused damage.
2. Reasonable necessity of the means employed to Article 12, par. 4 – offender accidentally caused
prevent or repel it; and damage.
3. In case the provocation was given by the person
attacked, the one making the defense had no part Requisites: (EIN)
therein. 1. That the evil sought to be avoided actually
exists;
Relatives that can be defended: (SADBroSAC4) 2. That the injury feared be greater than that done
1. Spouse to avoid it; and
2. Ascendants 3. There be no other practical and less harmful
3. Descendants means of preventing it.
4. Legitimate, natural or adopted Brothers and It is only in this par. (4) that the person defending
Sisters, or relatives by Affinity in the same degrees. himself incurs civil liability, since generally in this
Death of the spouse terminates the relationship by article there is no civil liability on the part of the
affinity. accused. Such liability is borne by the person benefited.
5. Relatives by Consanguinity within the fourth
civil degree. Greater evil must not be brought about by the
negligence or imprudence or violation of law by the
The fact that the relative defended gave provocation is actor.
immaterial.
The damage caused by the accused in the state of
There is no distinction in the Revised Penal Code necessity contemplated here is deliberate, while that in
whether the descendant should be legitimate or Par. 4 of Art. 12 is accidentally caused (Regalado, 2009,
illegitimate; when the law does not distinguish the p. 57).
courts cannot distinguish.
Par. 5. Fulfillment of duty or lawful exercise of right
Justification: It is found not only upon a humanitarian or office
sentiment, but also upon the impulse of blood which
impels men to rush, on the occasion of great perils, to Requisites:
the rescue of those close to them by ties of blood. 1. That the accused acted in the performance of a duty
or in the lawful exercise of a right or office; and
Par. 3. Defense of Stranger 2. That the injury caused or the offense committed be
the necessary consequence of the due performance of
Stranger duty or the lawful exercise of such right or office.
They are any person not included in the
enumeration of relatives under par. 2 of Art. 11. People vs. Delima (46 Phil 738, 1922) –The deceased
who escaped from prison while serving sentence was
Damage to another includes injury to persons and under the oligation to surrender, and had no right, after
damage to property. evading the service of his sentence to commit assault
and disobedience with a weapon on his hand, which
A person defending his common-law spouse or compelled the policeman to resort to such extreme
adopted child will fall under this paragraph.
means, which although it proved to be fatal, was of the conditions which makes the act voluntary, or
justified by the circumstances. negligent.

The shooting by prisoner guards of escaping prisoners There is a crime but NO criminal.
is always justified.
The burden of proof to prove the existence of an
A security guard who shot a thief who refused to exempting circumstance lies with the defense.
surrender is not justified.
Basis: The exemption from punishment is based on the
The executor of death convicts at the Bilibid Prison complete absence of intelligence, freedom of action, or
cannot be liable for murder for the executions intent, or on the absence of negligence on the part of the
performed by him because he was merely acting in accused.
lawful exercise of his office.

Doctrine of “SELF-HELP” Justifying Circumstance Exempting Circumstance

It affects the act not the It affects the actor not the
Article 429 of the Civil Code is applicable under this
actor. act.
paragraph. The article states, “The owner or lawful
possessor of a thing has the right to exclude any person The act is considered to The act complained of is
from the enjoyment and disposal thereof. For this have been done within the actually wrongful, but the
purpose, he may use such force as may be reasonably bounds of law; hence, actor is not liable.
necessary to repel or prevent an actual or threatened legitimate and lawful in the
unlawful physical invasion or usurpation of his eyes of the law.
property. Since the act is considered Since the act complained
lawful, there is no crime. of is actually wrong there is
The actual invasion of property may consist of a mere a crime but since the actor
disturbance of possession or of a real dispossession. If acted without
it is a mere disturbance of possession, force may be used voluntariness, there is no
against it at any time as long as it continues, even dolo nor culpa.
beyond the prescriptive period of forcible entry. If the No crime There is a crime
invasion consists of a real dispossession, force to regain No criminal No criminal
possession can be used only immediately after the No criminal liability No criminal liability
dispossession No civil liability (except Art. There is civil liability
11, par. 4, where there is (except Art. 12, par. 4 and
Par. 6. Obedience to an order issued for some lawful civil liability) 7, where there is no civil
purpose liability)

Requisites: Contemplates unintentional May be invoked in culpable

1. That an order has been issued by a superior; acts and hence, are felonies
2. That such order must be for some lawful incompatible with dolo
purpose; and
3. That the means used by the subordinate to carry Par. 1.Imbecility or Insanity
out said order is lawful.
Imbecility
Par. 6 presupposes that what was obeyed by the accused It exists when a person, while of advanced age, has a
was a lawful order; but if the accused complied with an mental development comparable to that of children
unlawful order under a mistake of fact, he should not between two and seven years of age.
incur criminal liability (Regalado, 2009, p. 58).
Insanity
Subordinate is not liable for carrying out an illegal order It exists when there is a complete deprivation of
if he is not aware of its illegality and he is not negligent. intelligence or freedom of the will. Mere abnormality of
mental faculties is not enough especially if the offender
ARTICLE 12 EXEMPTING CIRCUMSTANCES has not lost consciousness of his acts.

Exempting Circumstances (or the Circumstances for Insanity and imbecility, to exempt under Par. 1, must be
Non-imputability) complete, and they cannot be graduated in degrees of
gravity (Regalado, 2009, p.60).
Those grounds for exemption from punishment,
because there is wanting in the agent of the crime any
An insane person is not so exempt if it can be shown conclusively prove that he is legally so (People vs.
that he acted during a lucid interval. But an imbecile is Florendo, G.R. No. 136845, October 8, 2003).
exempt in all cases from criminal liability.
Basis: Complete absence of intelligence
People vs. Formigones (87 Phil 661, 1950) –
feeblemindedness is not exempting but can be Par. 2.& 3. Minority (Amended and superseded by
considered as mitigating. RA 9344)

Somnambulism or sleepwalking must be clearly JUVENILE JUSTICE AND WELFARE ACT OF

proven to be considered as an exempting circumstance 2006 (RA 9344)
under this Article. Child in conflict with the law
It refers to a child who is alleged as, accused of, or
Malignant Malaria affects the nervous system and adjudged as, having committed an offense under
causes among others such complication as acute Philippine laws (Sec. 4e).
melancholia and insanity at times, and if clearly proven
will be considered as an exempting circumstance under 1. Minimum age of Responsibility - Under RA 9344
this paragraph. (People vs. Lacena, 69 Phil 350) (Juvenile Justice and Welfare Act of 2006), the
following are EXEMPT from criminal liability
Two tests of insanity: (Sec. 6):
1. Test of COGNITION – complete deprivation of
intelligence in committing the crime. a. Child 15 years of age or under at the time of the
2. Test of VOLITION – total deprivation of freedom of commission of the offense. The child shall be however
will. subject to an intervention program pursuant to Section
20 of the Act.
In the Philippines, both cognition and volition tests are
applied. There must be complete deprivation of the If after the intervention, there is no reform, the minor
intellect (cognition) or will or freedom (volition) shall be returned to the court for the promulgation of the
decision against the minor; and then the court shall
The defense must prove that the accused was insane at either decide on the sentence or extend the intervention.
the time of commission of the crime because the b. Child above 15 but below 18 who acted without
presumption is always in favor of sanity. discernment.

Time when accused Effect on criminal Discernment

suffers insanity liability It is the mental capacity to understand the difference
At the time of the Exempt from liability. between right and wrong as determined by the child’s
commission of the appearance, attitude, comportment and behavior not
crime. only before and during the commission of the offense
During trial. Proceedings will be but also after and during the trial. It is manifested
suspended and through:
accused is committed
to a hospital. i. Manner of committing the crime
After judgment or while Execution of judgment ii. Conduct of the offender
serving sentence. is suspended, the
accused is committed Discernment Intent
to a hospital. The Refers to moral Refers to the desired
period of confinement significance the person act of the person
in the hospital is ascribes to the act
counted for the
purpose of the After initial investigation, the local social worker may:
prescription of the a. Proceed in accordance with Section 20 if the
penalty. child is fifteen (15) years or below or above
fifteen (15) but below eighteen (18) years old,
The fact that a person behaves crazily is not conclusive who acted without discernment; and
that he is insane. The prevalent meaning of the word
“crazy” is not synonymous with the legal terms b. If the child is above fifteen (15) years old but
“insane,” “non compos mentis,” “unsound mind,” below eighteen (18) and who acted with
“idiot,” or “lunatic.” The popular conception of the discernment, proceed to diversion under the
word “crazy” is being used to describe a person or an following without undergoing court
act unnatural or out of the ordinary. A man may behave proceedings subject to the following
in a crazy manner but it does not necessarily and conditions: (Section 23)
 5. Automatic Suspension of Sentence – Once the child
Where the imposable penalty is not more than 6 years who is under 18 years of age at the time of commission
of imprisonment, the PunongBarangay or law of the offense is found guilty of the offense charged, the
enforcement officer shall conduct mediation, family court shall determine and ascertain any civil liability
conferencing and conciliation. which may have resulted from the offense committees.
However, instead of pronouncing the judgment of
Where the imposable penalty exceeds 6 years conviction, the court shall place the child in conflict
imprisonment, diversion measures may be resorted to with law under suspended sentence, without need of
only by the court. application and impose the appropriate disposition
measures as provided in the Supreme Court Rule on
2. Exemption from criminal liability herein established Juveniles in Conflictwith the Law (Section 38).
does not include exemption from civil liability.
3. Determination of age – The child in conflict with the 6. Upon recommendation of the social worker who has
law shall enjoy the presumption of minority until he/she custody of the child, the court shall order the final
is proven to be 18 years old or older (Section 7, par.1). discharge of the child. The discharge of the child in
The age of a child may be determined from: conflict with the law shall not affect the civil liability
a. child's birth certificate, resulting from the commission of the offense (Section
b. baptismal certificate or 39).
c. any other pertinent documents.
7. Status Offenses – any conduct not considered an
In the absence of these documents, age may be based on offense or not penalized if committed by an adult shall
information from the child himself/herself, testimonies not be considered an offense and shall not be punished
of other persons, the physical appearance of the child if committed by a child
and other relevant evidence.
8. Offenses not applicable to children – Persons below
In case of doubt as to the age of the child, it shall be 18 years of age shall be exempt from prosecution for the
resolved in his/her favor. crime of:

Any person contesting the age of the child in conflict a. Vagrancy and Prostitution (Art. 202, RPC)
with the law may: b. Mendicancy (P.D. No. 1563)
c. Sniffing of Rugby (P.D. No. 1619)
a. If the case against the child has not yet been filed –
file a case in a summary proceeding for the PROVIDED, that said persons shall undergo
determination of age prior to the filing of the appropriate counseling and treatment program
information in any appropriate court before the Family
Court which shall decide the case within twenty-four Summary of Rules
(24) hours from receipt of the appropriate pleadings of If the judgment is an acquittal, the decision shall
all interested parties. immediately take effect without suspension and the
decision shall be promulgated and pronounced.
b. If a case has been fiied against the child in conflict
with the lawand is pending in the appropriate court - If the judgment is conviction, the promulgation of the
file a motion to determine the age of the child in the decision and the sentence shall be suspended by the
same court where the case is pending. Pending hearing court, the minor shall be ordered to undergo
on the said motion, proceedings on the main case shall intervention, which shall have the following effects:
be suspended.
a. If after the intervention, there is reform on the part of
4. The prosecutor shall conduct a preliminary the minor, the minor shall be returned to the court to
investigation and file an information upon dismiss the criminal case and dismiss the charges
determination of probable cause in the following against the minor.
instances (Section 33): b. If after the intervention, there is no reform, the minor
shall be returned to the court for the promulgation of the
a. When the child in conflict with the law does not decision against the minor; and then the court shall
qualify for diversion. either decide on the sentence or extend the intervention.

b. When the child, his/her parents or guardian does not Note: Only when there is (1) refusal to be subjected to
agree to diversion; and reformation or (2) when there is failure to reform can
the child be subjected to criminal prosecution and the
c. Upon determination by the prosecutor that diversion judicial system.
is not appropriate for the child in conflict with the law.
Basis: Complete absence or lack of intelligence.
 Par. 6. Uncontrollable fear
Par. 4. Accident without fault or intention of causing
it Elements:
1. That the threat which causes the fear is of an evil
Accident greater than, or at least equal to, that which he is
It is an occurrence that happens outside the sway of our required to commit; and
will, and although it comes about through some act of
our will, it lies beyond the bounds of humanly 2. That it promises an evil of such gravity and
foreseeable consequences. imminence that the ordinary man would have
succumbed to it.
Elements: (LDMW)
1. A person is performing a lawful act; Duress as a valid defense should be based on real,
2. With due care; imminent, or reasonable fear for one’s life or limb and
3. He causes injury to another by mere accident; and should not be speculative, fanciful, or remote fear.
4. Without fault or intention of causing it. The compulsion must be of such character as to leave
no opportunity to the accused for escape or self-defense
Basis: Lack of negligence and intent. in equal combat.

Par. 5. A person who acts under the compulsion of an It must presuppose intimidation or threat, not force or
irresistible force violence.

Elements: (PIT) Basis: Complete absence of freedom.

1. That the compulsion is by means of physical force;
2. That the physical force must be irresistible; and
3. That the physical force must come from a third
person. Par. 7. Insuperable cause
Insuperable cause
Passion and obfuscation cannot amount to irresistible
force. It is some motive which has lawfully, morally or
physically prevented a person to do what the law
The force must be so irresistible as to reduce the actor commands.
to a mere instrument who acts not only without will but
against his will. It applies to felonies by omission.

The person who used the force or created the fear is Elements: (RFI)
criminally and primarily civilly liable, but the accused 1. That an act is required by law to be done;
who performed the act involuntarily and under duress is 2. That a person fails to perform such act; and
still secondarily liable (Art. 101). 3. That his failure to perform such act was due to some
lawful or insuperable cause.
Basis: Complete absence of freedom.
Examples:
Irresistible Force Uncontrollable Fear The municipal president detained the offended party for
Offender uses violence Offender employs three days because to take him to the nearest justice of
or physical force to intimidation or threat in the peace required a journey for three days by boat as
compel another person compelling another to there was no other means of transportation (US vs.
to commit a crime. commit a crime. Vicentillo, 19 Phil. 118, 1911).
Must have been made May be generated by a
to operate directly threatened act directed The distance which required a journey for three days
upon the person of the to a 3rd person, e.g. was considered an insuperable cause.
accused. the wife of the accused
who was kidnapped. Note: Under the law, the person arrested incident to
arrest must be delivered to the nearest judicial authority
at most within 36 hours under Art. 125 RPC; otherwise,
the public officer will be liable delay in the delivery to
The injury feared may The evil feared must be judicial authorities.
be of a lesser degree greater or at least equal
than the damage to the damage caused A mother who at the time of childbirth was overcome
caused by the to avoid it. by severe dizziness and extreme debility, and left the
accused. child in a thicket where said child died, is not liable for
infanticide because it was physically impossible for her
to take home the child (People vs. Bandian, 63 Phil. 530, Entrapment Instigation
1936). The means originates The law enforcer
from the mind of the conceives the
The severe dizziness and extreme debility of the woman criminal. commission of the
constitute an insuperable cause. crime and suggests to
the accused who
Basis: Lack of intent. adopts the idea and
carries it into
Absolutory Causes execution.
Those where the act committed is a crime but for Not a bar to the It will result in the
reasons of public policy and sentiment, there is no prosecution and acquittal of the
penalty imposed. conviction of the accused.
lawbreaker.

Examples of absolutory causes:(DELIMA2-T2) If the one who made the instigation is a private
individual, not performing public function, both he and
1. Spontaneous desistance (Art. 6) the one induced are criminally liable for the crime
committed: the former, as principal by induction; and
2. Attempted or frustrated light felonies (Art. 7) the latter, as principal by direct participation
3. Accessories who are exempt from criminal liability
by reason or relationship (Art. 20) and in light felonies

4. Slight or less serious physical injuries inflicted under

exceptional circumstances (Art. 247)

5. Persons exempt from criminal liability for theft,

swindling and malicious mischief (Art. 332)

6. Instigation

7. Trespass to dwelling when the purpose of entering

another’s dwelling against the latter’s will is to prevent
some serious harm to himself, the occupants of the
dwelling or a third person, or for the purpose of
rendering some service to humanity or justice, or when
entering cafes, taverns, inns and other public houses,
while the same are open (Art. 280, par. 2)

8. Marriage of the offender and the offended party in

cases of seduction, abduction, acts of lasciviousness and
rape (Art. 344)

9. Adultery and concubinage if the offended party shall

have consented or pardoned the offenders.(Art. 344)

Entrapment is NOT an absolutory cause. A buy-bust

operation conducted in connection with illegal drug-
related offenses is a form of entrapment.
Entrapment Instigation
Ways and means are Instigator induces the
resorted to for the would-be accused to
capture of lawbreaker commit the crime,
in the execution of his hence he becomes a
criminal plan. co-principal.