ARTICLE 13, NO.

1: INCOMPLETE JUSTIFYING/EXEMPTING CIRCUMSTANCE

I.

Those mentioned in the preceding chapter, when all the requisites necessary to
justify the act or to exempt from the criminal liability in the respective cases are
not attendant.
Is applicable only when unlawful aggression is present but the other 2 requisites
are not present in any of the cases referred to in circumstances Nos. 1, 2, 3 of Art. 11. Is
entitled to a privileged mitigating circumstances referred to in Article 69.
1. Incomplete self-defense, defense of relatives, and defense of stranger. 1st
requisite is present but the other 2 are not.
2. Incomplete justifying circumstances of avoidance of greater evil or injury.
The last 2 requisites are not present.
3. Incomplete justifying circumstances of performance of duty.
Where only one of the two requisites are present:
a. That the accused acted in performance of a duty or in the lawful exercise

of a right; and
b. That the injury caused or offense committed be the necessary
consequence of the due performance of such duty or the lawful exercise of such right or office.
4. Incomplete justifying circumstance of obedience to an order.
When all the requisites necessary to exempt from criminal liability are not attendant.
a. Incomplete exempting circumstance of minority over 9 and
under 15 years of age.
Mitigating circumstance where only one of the two
requisites are present:
a. That the offender is over 9 and under 15 y.o; or
b. That he does not act with discernment
b. Incomplete exempting circumstance of accident.
These 4 requisites must be present in order to exempt
one from criminal liability:
a. A person is performing a lawful act;
b. With due care;
c. He causes an injury to another by mere accident; and
d. Without fault or intention of causing it.
i) If 1st requisite and 2nd part of 4th requisite are absent, it is
intentional felony.
c. Incomplete exempting circumstance of uncontrollable fear.
If only 1 of the 2 requisite are present, it is mitigating circumstances:
a. That the threat which caused the fear was of an evil greater
than or at least equal to, that which he was required to commit;
b. That it promised an evil of such gravity and imminence of an
ordinary person would have succumbed to it.
II. That the offender is under 18 years of age or over 70 years. In the case of the
minor, he shall be proceeded against in accordance with the provisions of Article
80 (Art 192, P.D. No. 603)
Basis. Based on the diminution of intelligence, a condition of voluntariness.

Contemplates the ff:

1. An offender over 9 but under 15 years of age, who acted with
discernment.
2. An offender over 15 and under 18 (see also Art. 68)
Article 68 provide mitigating circumstance:
1. Upon a person under 15 but over 9 yrs of age, who is not
exempt from liability by reason of the court having declared that he acted with discernment, a
discretionary penalty shall be imposed, but always lower by 2 degrees at least than that
prescribed by law for the crime which he committed.
2. Upon a person over 15 and under 18 the penalty next lower
than that prescribed by law shall be imposed, but always in the proper period.
Requisites:
1. That the minor must be tried in accordance with the provisions of the Art
192 PD 603
2. That after trial the minor was found guilty and committed to the custody
of a reformatory institution or to the custody of a responsible person; and
3. That the minor became incorrigible while in the reformatory institution or
while in the custody of a responsible person.
3. An offender over 70 years of age.
In the case of minor, he shall be proceeded against in accordance with the provisions
of Article 192 of PD No. 603.
Requisites:
1. The offender was under 18 years of age, but over 9 years, at the time of
the commission of the offense with which he is charged.
2. After hearing the evidence, the court, found that the youthful offender
committed the act charged against him.
Legal effects of various ages of offender:
1. Under 9 years of age - exempting circumstance (Art. 2, par. 2);
2. Over 9 and under 15, he acted without discernment - exempting
circumstances;
3. Minor delinquent under 18 - sentence may be suspended;
4. Under 18 - privileged mitigating circumstance
5. 18 yrs above - full criminal responsibility
6. 70 or over - mitigating circumstance
1. When he committed an offense punishable by death, penalty shall not be imposed
2. When death sentence is already imposed, it shall be suspended and commuted.