CRIMINAL LAW
- it is a branch of public substantive law which defines crimes,
treats of their nature and provides for their punishment.
TERMS:
1. Crime – a generic term that embraces any violation of the
Revised Penal Code, special penal laws and municipal or
city ordinance
2. Felony – an act or omission violative of the RPC committed
either intentionally or negligently
3. Offense – an act or omission violative of a special law, i.e.
any law other than the RPC
4. Misdemeanor – a minor infraction of law
Sources of Criminal Law
1. The RPC and its amendments
2. Special Penal Laws
3. Penal Presidential Decrees issued during Martial Law
Legal Maxims
1. Nullum crimen nulla poena sine lege
 There is no crime when there is no law that
punishes it
2. Actus non facit reum, nisi mens sit rea
 The act cannot be criminal unless the mind is
criminal
3. Actus me invito factus non est meus actus
 An act done by me against my will is not my act
4. El que es causa de la cuasa es causa del mal causado
 He who is the cause of the cause is the cause of the is
the cause of the evil caused
5. In dubio, pro reo
 When in doubt, for the accused
6. Par in parem, non habet imperium
 All states are sovereign equals and cannot assert
jurisdiction over one another
7. El que es causa dela causa es causa del mal causa
 He who si the cause of the cause is the cause of the evil
cause
*whenever penal laws admit of two interpretations, they are to be
construed strictly against the State and liberally in favor of the
accused.
Power to define and punish crimes
-the state has the authority, under its police power, to define and
punish acrimes ans to lay down the rules of criminal procedure.
-the state as the parens patriae has the duty to protect and defend
his citizens
LIMITATIONS on the law making body to enact penal laws
1. no ex post facto law or bill of attainder
-
2. no person shall be held liable to answer and offense
without due process
Characteristics of Criminal Law:
1. General
- penal laws and those of public security and safety shall
be obligatory upon all who live and sojourn in the
Philippines
2. Territorial
-criminal laws undertake to punish crimes committed in
the Philippines
-penal laws of the Philippines have force and effect only
within its territory
3. Prospectivity
-penal laws cannot penalized an act that was not
punishable at the time of its commission
Generality
Exceptions:
1. Treaties and a treaty stipulations
-exclusive and concurrent jurisdiction
-persons covered by the
-Waiver of jurisdiction exceptions-Heinous crimes,
child abuse cases, Dangerous drugs cases
2. Laws of Preferential Application
a. RA 75 (public international law) – penalizes act
which would impair the proper observance by the
Republic and inhabitants of the immunities, rights ,
and privileges of the duly-accredited foreign
diplomatic representatives in the PH
-persons who are exempt from arrest and
imprisonment and whose properties are exempt
from distraint, seizure and attachment:
o Public ministers
o Ambassadors
o Domestic servants of ambassadors and public
ministers
*applicable only where ethe country of the
diplomatic or consular representative affected
provides for similar protection to duly accredited
diplomat of the republic of PH
b. Warship Rule – warship of another country even
though docked in the PH is considered as an
extension of the territory of their respective country
c. Principles of Public International Law
-Sovereigns and heads of the state
-Chargesd’affaires (absence of ambassador)
-Ambassadors
-Ministers plenipotentiary
-Ministers resident
*consuls and vice consuls not included
Territoriality (RPC ART 2)
Includes:
1.Terrestrial
2.Fluvial
3. Aerial
Exceptions:
1. RPC shall not be enforced within or outside the PH territory
if so provided under : Treaties and Laws of Preferential
Application
2. Extraterritoriality –refers to the application of the RPC
outside the Philippine Territory
Prospectivity
Exception: it may be applied retroactively when the new
law is favorable to the accused
a. It makes penalty for a crime lighter
b. It repeals a law making an act no longer criminal
c. It is favorable to the accused who is not habitual
delinquent
Exception to the exception:
a. The new law is expressly made inapplicable to
pending actions or existing cause of actions
b. The offender is habitual criminal
Repeals of Penal Law and their Effects
1. Absolute or Total repeal
-crime punished under the repealed law has been
decriminalized by subsequent law
-new law totally repeals the existing law making the act
done not punishable – crime obliterated even if
pending,serving his sentence, or not yet yield in court
2. Partial or Relative Repeal
-when the crime punished under the repealed law
continues to be a crime in spite of the repeal
 a. when pending in court - the repealing law which is
more favorable to the accused shall be applied to him
regardless of whether he is habitual criminal or not; unless,
there is reservation in the said law that it shall not apply to
pending causes of action
b. serving sentence
-habitual criminal – repealing law which is more favorable
to the accused not applicable
-not habitual – the more lenient applies
Self-repealing Law
- deemed repealed due to the expiration of the date specified by
the law
Limitations on the Power of the Congress to Enact Penal Laws:
1. No ex post facto law or bill of attainder
2. No person be held liable to answer for a criminal offense
without due process of law
3. It should not impose cruel and unusual punishment nor
should impose excessive fines
Ex post facto law
o makes criminal an act done before the passage of the law
and which was innocent was innocent when done
o aggravates a crime, or makes it greater than it was
committed
o changes the punishment than what the law states
o alters legal rules of evidence
Bill of attainder
o is a legislative act which inflicts punishment without trial
Three Theories
1. Classical Theory or Juristic Theory
o Basis of criminal liability is human free will
o Purpose of penalty is retribution
o Essentially a moral creature with absolutely free will
to choose bet. Good and bad
o Focusing more on the effect or result of the felony
o Proportionality between the crime and the penalty
2. Positivistic Theory or Realistic
o Man is subdued occasionally by a strange and
morbid phenomenon which constrains him to do
wrong, in spite of or contrary to his volition
o There circumstances that are unforeseeable and
unavoidable
o It cannot be treated and checked by applying the law
nor by imposition of punishment, fixed and
determined
o The purpose of punishment is reformation
3. Electic or Mixed Theory
o The age of the offender is taken into consideration
o Positivistic because we focus now on the person and
not on the crime
o For example the retroactivity of the penal laws
o RPC is classical and recent laws enacted by the
legislature are positivistic
ART 1. Time when Act takes effect – this code shall take effect on
the first day of January nineteen hundred and thirty-two

ART 2. Application of its provision- Except as provided in the
treaties and laws of preferential application
-not only within PH archipelago but also
1. PH ship or airship (extraterritoriality)
2. Forge, counterfeit any coin or currency note of PH islands,
obligations and securities issued by the Government of the
PH islands
3. Liable for acts connected with the introduction into these
islands of the obligations and security mentioned in the
preceding number
4. While being public officers or employees, should commit an
offense in the exercise of their functions
5. Should commit any the crimes against national security and
the law of nations, defined in Title One of the Book Two of
this Code
o Distinction be made between merchant ship and warship
o Foreign merchant vessel in transit of dangerous drugs is
not punishable, but the time it landed here punishable
o Foreign warship are always to be tried by the country
which they belong- national laws
2nd par ART 2
Forge or counterfeit
o if forgery was perpetrated abroad – object of the crime
must be coin, urrency note or obligations and securities
o issued by the Gov’t
o lotto tickets included
3rd Par ART 2
- those who introduce or brought the counterfeit items in the PH
are criminally liable even if they were not the ones who
counterfeited the same

Extraterritoriality 4th Par – public officers – offense exercise of their function

 RPC is applicable even though outside the Philippines 5th Par should commit any of the crimes against national security
territory . and the law of the nations
o treason, misprision of treason, espionage, piracy, genocide
1st Par ART 2 o terrorism
PH airship
o The crime must be committed on board a private or
merchant ship
o The ship or airship must be registered in the PH under PH
laws – even in highseas or PH waters
o The crime msut be committed while the registered PH ship
is on international waters

Foreign Merchant Vessels

o English rule – all crimes are triable If it is within the PH
territory except when it is crime against internal
management and affects things within the vessel

(French Rule – crimes that affects security and peace of the

country or the safety of the state)
CHAPTER 1 – FELONIES

ART 3 – definition
Felonies
o are acts and omissions punishable by laws
o committed not only be means of dolo (deceit) but also culpa
(fault)
There is deceit when the act is performed with deliberate intent
There is fault when the wrongful act results from imprudence,
negligence, lack of foresight, or lack of skill
Elements:
1. Act or omission
Act – any bodily movement tending to produce some effect
in the external world. Must be external.. internal are
beyond sphere of penal law
Omission – when there is a law requiring a certain acts and
the person required to do the fails to perform it. (inaction)
2. Must be punishable by the RPC
3. The act is incurred by means of dolo or culpa
1. Intentional Felonies
o The act is performed or omission incurred with
deliberate intent or malice
Requisites:
1.Freedom -voluntariness on the part of the person
2. Intelligence – capacity to know and understand the
consequences of one’s act.
3. Intent or Criminal Intent – the purpose to use a
particular means to effect such result (shown by the overt
acts)
2. Culpable Felonies
o Act or omission is not malicious but results from
negligence, imprudence, lack of foresight, or lack of
skill, the act is also voluntary
o Unintentional
Requisites:
1. Freedom
2. Intelligence
3. Negligence, imprudence, lack of foresight, or lack of skill
Negligence – indicates a deficiency of perception
- failure to pay proper attention and use of diligence in
foreseeing the injury
Imprudence – indicates a deficiency of ac tion
-failure to take the necessary precaution to avoid injury
Mistake of Fact
-not criminally liable
-constituted justifying, absolutory cause, involuntary act
1. Act done would have been lawful had the facts been as the
accused believed them to be
2. Intention of the accused in performing the acts would be
lawful
3. Mistake must be without fault or carelessness
Ex.
US v. Ah Chong
Awakened by someone trying to open the door.
“if you will enter the room I will kill you”

Not a Mistake of Fact:

o Error in personae
o When there is negligence
o Intent
3. Punished by Special Laws ART 4 – Criminal Liability
o Dolo or intent is not necessary PAR 1- Even wrongful act done be different from which is intended
o Has the intent to perpetrate -he who is the cause of the cause is the cause of the evil
Exception: cause
-temporary, incidental, casual or harmless possession of control of
firearm requisites:
1. that an intentional felony has been committed
Mala Prohibita 2. that the wrong one be direct, natural and logical
o Wrong merely because prohibited, intent is immaterial consequence of he felony
o Violations of mere rules of convenience designed to secure
more orderly regulations Proximate cause
Mala in Se -it is the cause, which, in the natural and continuous sequence,
o Acts or commissions which are inherently evil unbroken by any efficient intervening, produces the injury and
o It implies something immoral in itself without which the result would not have occurred
(review the table in the Mem Aid)
-any person who creates in another person’s mind an immediate
INTENT and MOTIVE sense of danger which causes the latter to do something resulting
in the latters injuries, is liable for the resulting injuries
Intent – the purpose to use a particular means to effect such result
-the peson believes himself to be reasonably to be in danger
Motive – the reason or moving power which impels one to commit
an act for a definite result Act done be different from intended:
1. Error in personae (Mistake in Indentity)
Ex. A, who is jealous of B shot the latter as a result of which B died. 2. Aberratio ictus (mistake in blow)
The intent – to kill 3. Praeater Intentionem (injury greater)
The motive – is jealousy
(lack of motive may be aid in showing the innocence of the When death is presumed to be the natural consequence of physical
accused) injuries:
1. victim was in normal health
2. death may be expected from the physical injuries inflicted
(fatal or deadly)
3. the death was ensued within reasonable time

Efficient intervening cause

-cause which interrupts the natural flow of events leading one’s
death . This may relieve the offender from liability
Not sufficient intervening
a. the weak or diseased condition (wound unrelated to the
disease)
b. nervousness or temperament
c. causes which are inherent in the victim
d. neglect of the victim
e. erroneous or unskilled medical or surgical treatment
(REVIEW MEM AID page 13)
PAR 2. Impossible Crime
-impossibility of accomplishing criminal intent is not merely a
defense, but an act penalized by itself
Requisites:
1. act performed would be an offense against persons or
property
2. act was done with evil intent
3. accomplishment is inherently impossible, or that means
employed is either inadequate or ineffectual
4. act should not constitute a violation
Inherent Impossibility:
a. legal impossibility
-intended acts even if completed would not amount to
crime
-killing a corpse
b. physical or factual impossibility
-circumstance beyond his control prevent the
consummation of the intended crime
-stealing wallet without money/ check dishonored
inadequate – small amount of poison
ineffectual – means employed did not produce the result expected
- firing a gun without bullet
purpose of punishing
- suppress criminal tendency or criminal propensity
ART 5 – Duty of the Court
PAR 1 – acts which should be repressed but which are not covered
by law
Requisites:
1. The act committed by the accused appears not punishable
by any law
2. Court deems it proper to repress such
3. Court must render decision by dismissing the case and
acquitting the accused
4. The judge must then make a report to the Chief Executive,
through the Secretary of Justice, stating the reason
PAR 2 – excessive penalties
Requisites:
1. find the accused guilty
2. penalty provided by law appears clearly excessive: acted
with lesser degree of malice , no injury or the injury caused
is of lesser degree
3. should not suspend the execution
4. judge should submit a statement to the Chief Executive,
through secretary of justice recommending executive
clemency
*still dura lex sed lex
*fundamental duty is to apply the law
Executive Clemency – power of the president to pardon a person
convicted of criminal offense, or to commute the related sentence,
or reduce it to a lesser sentence.
ART 6 – Consummated, Frustrated and Attempted a. preparatory acts (buying poision)
b. acts of execution
Consummated -not punishable under RPC
-when all elements necessary for its execution and
accomplishment are present Overt Acts (one can know the intention)
-some physical activity or deed, indicating intention to
Frustrated commit a particular crime
Requisites: -more than mere planning or preparation, which is carried to
1. the offender performs all the acts of execution its complete termination following its natural course
2. all the acts performed would produce the felony as a
consequence Requisites:
3. but the felony is not produced 1. there be external acts
4. by reason of causes independent to the will of the 2. the external acts have direct connection with the crime
perpetrator intended

Crimes which do not admit of a frustrated stage ex. Raising of Bolo is not an overt act of killing, intention of
1. rape – no matter how slight the penetration not killing is not really present but may be a consummated
consummated threatening
2. indirect bribery – accept or not
3. direct bribery Indeterminate Offense
4. corruption of public officers  it is one where the purpose of the offender in
5. adultery performing an act is not certain.
 Its nature in relation to its object is ambiguous
Attempted Felony
Elements: Desistance
1. offender commences the commission of the felony  It is an absolutory which negates criminal liability
directly by overt acts because the law allows a person to desist from
2. does not perform all the acts of execution which should committing a crime
produce the felony  Desistance should be made before all the acts of
3. non-performance of all acts of execution was due to a execution are performed
cause or accident other than offender’s own
spontaneous desistance (foreign force) 2 phases
1. Subjective phase
Development of crime -it is the portion of the acts constituting the crime, from the
point offender begins the commission of the crime to that point
1. Internal acts – mere ideas in the mind of a person, are where he has still control over his acts
not punishable
2. External acts
attempted only when the offender was stopped outside his own ART 8 – Conspiracy and Proposal
voluntary desistance -Punishable only in the cases in which the law specially
provides a penalty
2. Objective phase
-result of the acts of the execution, that is the General Rule:
accomplishment of the crime Mere conspiracy or proposal to commit felony is not
*objective phase and subjective phase are present, there is a punishable since they are only preparatory acts
consummated felony
Exception:
(examples present in MEM AID page 17-18) Punishable in cases where the law specially provides
penalty therefor

ART 7 – LIGHT FELONIES Exception to exception:

1. when another crime was committed in their presence
These are the infractions of law for the commission of which the and they did not prevent its commission
penalty of arresto menor or fine, not exceeding 200 pesos (40,000 2. when the other crime is the natural consequence of the
– RA 1095) crime is the natural consequence of the crime planned
3. when the act constitutes a single indivisible offense
What is the new fine now?
Conspiracy
The light felonies punished:  it exists when two or more persons come to an agreement
1. slight physical injuries concerning the commission of a felony and decide to
2. theft commit it (oral or written)
3. alteration of boundary marks Requisites:
4. malicious mischief 1. two or more persons came to an agreement
5. intriguing against honor 2. An agreement concerning the commission of a felony
3. Execution of the felony be decided upon
General rule:
light felonies area only punishable when they area consummated *it is enough that at the time of the commission of the offense the
offenders acted in concert, each doing his part to fulfill their
Exception: common design
Light felonies against persons or property
conspiracy leads crime actually committed – the conspiracy there
Reason for exception: The commission of felonies against persons is not a felony but only a manner of incurring criminal liability that
or property presupposes in the offender moral depravity is when there is conspiracy, the act one is the act of whole
-it is not punishable as a separate offense

Proposal
 It is committed when the person who has decided to
commit felony proposes its execution to some other person
or persons
Requisites:
1. that a person has decided to commit a felony
2. that he or she proposes its execution to some other person
or persons
RPC specially provides penalty for mere proposal in
1. treason
2. rebellion
3. Insurrection
4. coup d’ etat
There is no crime proposal when:
1. person is not determined to commit the felony
2. no decided, concrete and formal proposal but mere
suggestion
3. not the execution of a felony that is proposed
ART 9 – Classification according gravity
Grave Felony
 are those to which the law attaches the capital punishment
or penalties which in any of their periods are afflictive, in
accordance with ART 25 of this Code
1. Reclusion Perpetua – 20 years 1 day to 40 years
2. Reclusion Temporal – 12 years 1 day to 20 years
3. Perpetual or Temporary Absolute Disqualification – 6 year
1 day to 12 years
4. Perpetual or Temporary Special Disqualification –
5. Prision Mayor
6. Fines of more than P6,000
Less Grave Felonies
 Felonies which the law punishes with penalties which in
their maximum period are correctional, in accordance with
Art 25 of the code
1. Prision Correccional
2. Arresto mayor
3. Suspension
4. Destierro
5. Fines equal to or more than 200 pesos
Light Felonies
 Infractions of law for the commission of which the penalty
of arresto menor or a fine not exceeding two hundred pesos
ART 10 – Offenses not subject to the provisions of this Code.
Offenses which are or in the future may be punishable under
special laws are not subject to the provisions of this Code. This
Coode shall be supplementary to such laws, unless the latter
should specially provide the contrary
General Rule:
RPC provisions are supplementary to special laws
Exceptions:
1. when special laws provides otherwise
2. when provisions of the RPC are impossible to apply, either
by express provisions or by necessary implication
* when the special laws adopts the penalties imposed in the RPC
such as reclusion perpetua or reclusion temporal – the provisions
of the RPC on imposition penalties based on stage of execution,
degree of participation, and attendance of mitigating and
aggravating circumstances may be applied by necessary
implication.

Suppletory application of RPC PAR 1 – Self- Defense

1. Sudsidiary penalty
2. civil liability Reasons:
3. rules on service of sentence -it is impossible for the state in all cases to prevent aggression
4. Definition on principals, accomplices and accesories upon its citizens
5. Principle of Conspiracy -impulse of self-preservation

CHAPTER II Requisites:
1. Unlawful Aggression
Imputability 2. Reasonable necessity of the means employed
-quality by which an act may be ascribed to a person as its author 3. Lack of sufficient provocation on the part of the person
or owner defending himself
-act committed has been freely and consciously done and maybe
therefore be put down to the doer Unlawful Aggression
a. equivalent to an actual physical assault
Responsibility b. immediate and imminent kind which is offensive and
-it is the obligatory of taking the penal and civl consequences of positively strong
the crime c. must come from the person attacked by the accused
d. not merely oral threats or threatening postures
Guilt e. in self-defense, defense of property should be coupled with
-element of responsibility for doing something wrong an attack on the person of one entrusted with said property

Burden of Proof 1. Actual –danger must be present/ existent

-one must depend on the strength of his claim and not on the
weakness of the other
Reasonable Necessity of the means employed
ART 11 – Justifying Circumstance
Justifying Circumstances
-those where the act of person is said to be in accordance with law,
so that such person is deemed not have transgressed the law and
is free from both criminal and civil liability
2. Imminent – danger is on point of happening
a. depends on the unlawful aggression and upon the nature
and extent of the aggression.
b. It does not depend on the harm done but the rest upon the
imminent danger of such injury
c. Rational equivalence/ logical enough
d. Reason: person assaulted does not have sufficient
tranquility of mind to think and calculate
e. Nature and quality of weapon

Aggression ceases
-when the aggressor retreats
Retaliation – unlawful aggression begun by injured party had
already ceased when the accused attacked
Exception:
When retreat is made to take more advantageous position
Lack of Sufficient Provocation
 Degree of provocation is material but the degree of
unlawful aggression is immaterial
 Otherwise the accused will also be blamed or be held liable
Provocation – unjust or improper conduct or act of the offended
party, capable of exciting, inciting or irritating anyone.
*picking up a weapon is not really an unlawful aggression but if it
is preceded by circumstances indicating the intention of the
deceased to use it in attacking the defendant, such act is unlawful
aggression
*unlawful aggression should offensive and positively strong…
*minor physical injuries even if after the unlawful aggression
ceased… motarl wounds was inflicted at the time when the
requisites of complete self-defense were still present –justified as
long as there is no proof that the slight physical injury did not
hasten the death
PAR 2 – defense of relatives
Requisites:
1. Unlawful Aggression
2. Reasonable Necessity of the means employed
3. In case, provocation was given by the person attacked, the
one making the defense had no part therein
Relatives
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
Reason:
It is by impulse of blood which impels men to rush, on the
occasion of great perils to rescue those close to them
PAR 3 – Defense of Stranger
Requisites:
1. Unlawful Aggression
2. Reasonable necessity of the means employed
3. The person defending was not induced by revenge,
resentment or other evil motive
Reason:
An ordinary person would not stand idly by and see his companion
killed without attempting to save his life
PAR 4 – Avoidance of Greater Evil (civilly liable)
Requisites:
1. Evil sought to be avoided actually exists
2. Injury feared be greater than that done to avoid it
3. There is no other practical and less harmful means of
preventing it
* In instinct of self-preservation, one’s own safety is of greater
importance that of another

*greater evil must not be brought about by the negligence or
imprudence or violation of law by the actor
PAR 5 – Fulfillment of duty or lawful exercise of right or office
Requisites:
1. That the accused is in the performance of his duty or lawful
exercise of his right
2. Injury caused in the performance of a duty be the necessary
consequence of the due performance of duty or the lawful
exercise of rights
Doctrine of self-help
(art 429 – the owner or lawful possessor of a thing has the right to
exclude any person from enjoyment and disposal thereof)
Examples:
Escaped from prison
Executor of death
PAR 6 – Obedience to an order issued for some lawful purpose
Requisites:
1. order has been issued by superior
2. such order must be for some lawful purpose
3. means used by the subordinate to carry out the order be
lawful
ART 12 – exempting Circumstances
Exempting Circumstances which free the offender from criminal
liability but does not relieve him from civil liability
 there is a crime but the act committed the act is not subject
to a criminal liability
 affects the actor not the act
 there is crime, no criminal, no crim liability
PAR 1 – imbecility and Insanity
Reason:
Complete absence of intelligence
Imbecile – exempt from all cases
-while advanced of age, has a mental development
comparable to that of children between two and seven years of age
Insanity - complete deprivation of intelligence
- cannot be exempted when the person acting is in lucid
interval
Two test to Insanity:
1. Test of Cognition – complete deprivation of intelligence
2. Test of Volition – total deprivation of freedom of the will
Both test are applied in the PH
* prove that during the commission of the crime
ART 2 -3 – minority
Complete absence or lack of intelligence
Discernment
-mental capacity to understand the difference between right and
wrong and consequences of one’s action
15 years old below – no criminal liability
-no question of discernment
-intervention program
 -after intervention but no reform – return to court
and the court will decide if there is a need to extend or

12 – 15 who commits offenses punishable by more than 12 years

-intensive juvenile intervention and support center

15 – 18 with discernment - diversion

Imposable penalty 6 years and over – resorted only by the court
Imposable penalty lower than 6 years – punong barangay or law PAR 6 – Uncontrollable Fear
enforcement officer
Basis: Complete absence of Freedom
15 -18 without discernment – exempted -intervention program
Requisites:
PAR 4 – Accident without fault or intention 1. existence of uncontrollable fear
2. fear must be real and imminent
Basis: lack of negligence and intent 3. fear of injury is greater than that, or atleast equal to, that
committed
Accident
 An occurrence that happens outside the sway of human *fear for one’s limb or life
will, and although it comes about through some act or will, *leave no opportunity to the accused for escape of self-defense
it lies beyond the bounds of humanly foreseeable
consequence
PAR 7 – insuperable cause
Requisites:
1. Person is performing lawful act Basis: lack of intent
2. Due care
3. Injury caused by means of mere accident Requisites:
4. Without fault or intention 1. an act required by law to be done
2. that a person fails to perform such act
PAR 5 – Person under Compulsion of an Irresistible Force 3. failure was due to some lawful or insuperable cause

Basis: Complete absence of freedom (against one’s will)

Instigation (acquittal of accused)
Requisites:  induced the accused to commit the crime and hnce he
1. that the compulsion is by means of Physical Force becomes co-principal
2. Physical force must be Irresistible  enforcer conceives the commission of the crime and
3. Physical force must come from a third person suggest to the accused who adopts the idea and carries it
into execution
Entrapment 2. must originate from the offended party
 ways and mean resorted to for the capture of law breaker 3. immediately preceded the action
in the execution of his criminal plan
 the means originated from the mind of the criminal

ART 13 – Mitigating Circumstances PAR 5 – vindication of grave offense

Requisites:
Mitigating Cricumstances 1. grave offense be done to the one committing the felony
 circumstances which if present do not entirelyfree the actor 2. that the felony is immediate vindication of the grave offense
from criminal liability but serve only to reduce the penalty – but allows a lapse of time –as long as the offender is still
suffering from the mental agony
(REVIEW DIFFERENCE OF ORDINARY AND PRIVELEGED MEM
AID)

PAR 1 – incomplete Justifying and exempting

1. Incomplete self-defense, defense of relatives, defense of

stranger
2. Incomplete justifying circumstance of avoidance of greater
evil
3. Incomplete justifying circumstance of performance of duty
4. Incom justifying to obedience to an order
5. Incomplete exempting of minority
6. Incomeplete – accident
7. Incomplete exempting circumstance of uncontrollable fear

PAR 2 – over 15 and under 18 if there is discernment or over 70

years old

PAR 3 – praeter intentionem

-taken into account only when the facs proven show that hter is a
notable and evident disproportion between the means employed
nad its consequences

PAR 4 – Sufficient provocation

Requisites:
1. provocation must be sufficient