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Circumstances

Elements/Requisites

Example

EXEMPTING
1. An imcite or an
insane person,
unless the Latter
has acted during
nine years of age
2. A person nine years
of age
3. A person under nine
years of age
4. Any person who,
while performing a
lawful act with due
care, causes an
injury by mere
accident without
fault or intention of
causing it.

9. Any person who

acts under the
compulsion of an
irresistible force.

1. A person is
performing a Lawful
act;

2. With due care;

3. He causes an injury
to
4. another by more
accident
5. Without fault or
intention of causing
it
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

When the defendant drew his gun with

his struck the deceased after the latter
had given him a fist blow on the
shoulder, the defendant was
performing a lawful act. The striking
with the gun is a legitimate act of self
defense. But we might ask-was the
striking done with due care as
required by the second element for
the exemption?[The Court] believe[s]
so, since the striking could not have
been done in any other manner except
hoe it was done so by the appellant.
Whether the gun was cocked or
unlocked, the striking could not have
been done in any other manner. The
injury, therefore, that resulted from
the firing of the gun was caused by
accident and without any fault or
intention on the part of defendant in
causing it, in accordance with the 3rd
and 4th requisite.

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12.Any person who
acts under the
impulse of an
uncontrollable fear
of an equal or
greater injury

1. That threat which

causes the fear is of
an exile 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.

14.Any person who

fails to perform an
act required by Law,
when prevented by
some Lawful or
insuperable cause.

1. That an act is
required by law to
be done
2. That a person fails
to perform such act;
3. That his failure to
perform such act
was sue to some
Lawful insuperable
cause.

JUSTIFYING
1. Self defense

2. Defense of relatives

3.Defense of stranger

1. Unlawful aggression
2. Reasonable necessity
of the means
employed to prevent
or repel it.
3. Lack of sufficient
provocation or the
part of the person
defending himself.
1. Unlawful aggression
2. Reasonable necessity
of the means
employed to prevent
or repel it and
3. In case the
provocation was given
by the person
attacked, the one
making a defense had
no part therein.
1. Unlawful aggression
2.Reasonable necessity of
the means employed to
prevent or repel it ; and
3. The person defending

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4. Avoidance of greater
evil or injury

be not induced by
revenge, resentment, or
other evil motive.
1. First, that the evil
sought to be
avoided actually
exists.

2. Second, that the

injury feared be
greater than that
done to avoid it;

5.Fulfillment of duty or
lawful exercise of rights or
office

6.Obedience to an order
issued for some lawful
purpose

3. Third, that there be

no other practical
and less harmful
means of
preventing it
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
is the necessary
consequence of the due
performance of duty or
lawful exercise of such
right or office.
1. That an order has been
issued by a superior.
2. That such order must
be for some lawful
purposes.
3. That the means used by
the subordinate to carry
out said order is lawful.

MITIGATING

A person was driving his car on a

narrow road with due diligence and
care when suddenly he saw a six by
six truck in front of his car. If he
would swerve his car to the left he
would fall into a precipice, or if he
would swerve it to the right he would
kill a passer-by. He was forced to
choose between losing his life in the
precipice or sacrificing the life of the
innocent bystander. He chose the
latter, swerved his car to the right, ran
over and killed the passer-by.
(Guevara)
The driver drove his car at full speed,
disregarding the condition of the
place, and although he saw the six by
six truck at a distance 500 meters
away, he did not slacken his speed, he
cannot invoke paragraph 4 of this
article, because the state of necessity
was brought about by his own reckless
imprudence.

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1. 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
(deli to), his spouse,
ascendants, descendants,
legitimate, natural or
adopted brothers or
sisters, or relatives by
affinity within the same

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?
1. That there be a grave
offense done to the one
committing the felony, his
spouse, ascendants,
legitimate, natural or
adopted brothers or
sisters, or relatives by
affinity within the same
degrees;

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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.

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.
1. That there be an act,
both unlawful and
sufficient to produce such
a condition of mind; and
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.
1. That the offender
surrendered himself to a
person in authority or to
latters agent.

2.That the surrender was

voluntary.
17.That the offender is
deaf and dumb,
blind or otherwise
suffering from some
physical defect
which thus restricts
his means of action,
defense, or
communication
with his fellow
beings.
18.Such illness of the
offender as would
diminish the
exercise of the willpower of the
offender without
however depriving
him of

1. That the illness of

the offender must
diminish the
exercise of his willpower.

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consciousness of
his acts.
2. That such illness
should not deprive
the offender of
consciousness of his
acts.
19.And, finally, any
other circumstance
of a similar nature
and analogous to
those
abovementioned.

Ang ating bayan tignan nyo, lahat tayoy gusting mabago to

Kabataan ay simbolo, basura nyo ay pansinin
Pero bakit ganun winawasak ito, ng tao
Harap-harapang basura grabe to, itapon nyo
Sana mapansin na ito.
Mundo ay lumuha dahil nasisira paligid kot kasing gulo
Baha rito pati roon
Mundo natin alagaan sigaw ng kalikasan
Sana ngayon ay mahalin at wag mong putulin please yung puno ko.
Hindi naming Makita ang tunay na simbolo
Ang pagmamahal sa kalikasan ba ay nagbabago
Ang problema ng paligid natin ay ibat-iba
Sinong dapat sisihin di bat tayo ring lahat
Tayo rin ang responsible, sinong irresponsible
Bakit itong possible ay nagging imposible

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Kalian k aba kikilos, para maisalba
Kailan magwawakas ang bumabalot na kaba
Wag nang umasa, dahil lahat tayo ay pawang biktima.
Mahirap ayusin ang nasira na
Kapaligiran tila ba wala ng halaga
Sa isang iglap tayo ay nag-iba
Kapaligiran ay ayusin para sa kanya
Tayo ang simula, sa pagbabago ng ating bayan
Kailangang magkaisa, upang mundo ay gumanda.
(back to chorus)
(insert effects)
Ilang puno pa ba ng puputulin?
Oh giliw ko,
Ilang basura pa ba ng itatapon?
Oh giliw kooooo,
Ilang oras na akong naglilinis dito
Hindi parin maubos-ubos ang basura nyoooo,
Ilang plastic pa ba ang susunugin?
Oh giliw ko,
Ilang isda pa baa ng malalason
Ng oilspill nyooooo,
Gagawin ko ang lahat upang mapigilan to,
wag nyo lang sirain ang kalikasan nato,
pagtulungan natin upang mundo natin ay magbagooooh
Aasang tutulungan ka sa basurang ikinalat ng iba,
Wag na sanang magtanong at maglinis na,
Dahil ang gusto ko ay mapabuti ka.
Lahat tayoy mabubuhay ng tahimik at buong ligaya