CRIMINAL LAW 1

Bill of Attainder- Inflicts punishment without trial

Criminal Law- branch of municipal law which defines crimes, treats of their
2. No person shall be held to answer for a criminal offense
nature, and provides for their punishment
without due process of law
Municipal Law- national, domestic, or internal law of a sovereign (a) Procedural - right to be notified, heard,
state (as opposed to international law) and includes national, state, present evidence
provincial (written by the sanguniang panglungsod), territorial, (b) Substantive - with regards to the reasonableness of the
regional, local laws. law (law must be clear for common man to understand;
punishment should fit the crime)
Crime- act committed or omitted in violation of public law forbidding
commanding it
Characteristics of Criminal Law
Sources of PH Criminal Law
I. GENERAL: Criminal Law is binding on all persons who live
1. The Revised Penal Code and its amendments or sojourn in Philippine Territory
2. Special Penal Laws - Jurisdiction of civil courts is not affected by military character of the
3. Penal Presidential Decrees accused
- Civil courts have concurrent jurisdiction with general courts martial
Common Law- body of legal rules that have been made by judges as they
over soldiers of the AFP (murder and malversation)
issue rulings on cases
- The RPC is not applicable when a military court takes cognizance
Civil Law- codified laws, enacted by congress of the case (Articles of War apply) if not service connected
- The prosecution of an accused before a court-martial is a bar to
- Court decisions are not sources of criminal law because they merely another prosecution for the same offense
apply the laws made by the legislative branch - Offenders accused of war crimes are triable by military commission
- The state has the authority to define, punish crimes and to lay down
the rules of criminal procedures (Right of prosecution and
punishment)

Limitations of Legislative branch

Exceptions:
1. No ex post facto law or Bill of Attainder shall be enacted
Ex post facto law- Principle of Nulla poena sine lege  Treaty or treaty stipulations
(one cannot be punished for doing something that is not o US have the right to exercise jurisdiction over the
prohibited by law) and Principle of or Nullum following offenses: (a) offense committed within any base
crimen sine lege (No crime without law) except if both offenders are Filipino citizens; (b) offense
- To give a law retroactive application to the prejudice of the committed outside the base if both parties are from US
accused is to make it an ex post facto law
 forces; and (c) offense committed outside the base by a
member of the US forces against the security of the US
o The Philippines agreed that: (a) US forces shall have the
right to exercise all criminal and disciplinary jurisdiction
conferred on them by the military law of the US; (b) US
authorities exercise exclusive jurisdiction over US
personnel with respect to offenses; (c) right to exercise
jurisdiction over US personnel subject to the military law
relating to: 1) offense against property and security ; 2)
offenses arising out of any act or omission done in
performance of official duty
 Law of preferential application
o RA 75- Diplomatic representatives and their domestic
servants
o Persons exempt from the operation of our criminal laws by
virtue of the principles of public international law: 1)
Sovereigns and other chief of states; 2) Ambassadors,
ministers plenipotentiary, ministers resident, and charges
d’ affaires
o Consuls, vice-consuls and other commercial
representatives of foreign nations do not possess the statues
of ambassadors
II. TERRITORIAL: Criminal Laws undertake to punish crimes
committed within Philippine territory
- Penal Laws of the Philippines are enforceable only within its
territory: Philippine Archipelago including its interior waters and
maritime zones (terrestrial, aerial, & fluvial)
Exceptions:
1. Should commit an offense while on a Philippine Ship or airship
2. Should forge or counterfeit any coin or currency not of the PH or
obligations and securities issued by the government
3. Should be liable for acts connected with the introduction into the PH
of the acts in number 2
4. While being public officers or employees, should commit an offense
in the exercise of their functions
5. Should commit any crimes against national security and the law of
the nations
III. PROSPECTIVE: A penal law cannot make an act punishable
in a manner in which it was not punishable when committed
Exceptions to the prospective application of criminal laws:
- Whenever a new statute dealing with crime establishes conditions
more lenient or favorable to the accused, it can be given a retroactive
effect
- When the repealing law fails to penalize the offense under the old
law, the accused cannot be convicted under the new law
- But this exception is not applicable when: (1) Where the new law is
expressly made inapplicable to pending actions or existing cause of
action; (2) Where the offender is a habitual criminal
1. Habitual Criminal- Within a period of 10 years from the
date of his release or last conviction of the crimes of serious
or less serious physical injuries, robbery, theft, estafa, or
falsification, he is found guilty of any said crimes a third
timer or oftener
Construction of Penal Laws
1. Penal laws are strictly construed against the government and
liberally in favor of the accused. The rule that penal statutes should
be strictly construed against the government may be invoked only
where the law is ambiguous and there is doubt as to its interpretation
a. Penal laws are construed against the state because of the
inequality; to avoid abuse of power by the government
b. For reasons of due process
c. Equipoise Doctrine- Prosecution has the burden of proving
the liability; there is a presumption of innocence—The rule
which states that when the evidence of the prosecution and
 the defense are so evenly balanced, the appreciation of
such evidence calls for the tilting of the scales in favor of
the accused
2. Spanish text is controlling
ARTICLE 1. Time When Act Takes Effect. — This Code shall take effect
on the first day of January, nineteen hundred and thirty-two.
Theories in Criminal Law
1. Classical Theory
a. Basis of criminal liability is human free will and the
purpose of the penalty is retribution
b. Man is essentially a moral creature with an absolutely free
will to choose between good and evil, thereby placing more
stress upon the effect or result of the felonious act upon the
man
c. Endeavored to establish a mechanical and direct proportion
between crime and penalty
d. There is a lacking regard to the human element
2. Positivist Theory
a. Man is subdued occasionally by a strange and morbid
phenomenon which constrains him to do wrong, in spite of
contrary to his volition
b. Crime is essentially a social and natural phenomenon, it
cannot be treated and checked by the application of abstract
principles of law and jurisprudence nor by the imposition
of punishment, but rather by the enforcement of individual
measures in each particular case, after a thorough, personal
and individual investigation conducted by competent body
of psychiatrists and social scientists
 Basis of criminal liability is the sum of social and economic
phenomena to which he was exposed
 Ex. Good Conduct and Parole
ARTICLE 2. Application of Its Provisions. — Except as provided in the
treaties and laws of preferential application, the provisions of this Code
shall be enforced not only within the Philippine Archipelago, including
its atmosphere, its interior waters and maritime zone, but also outside of
its jurisdiction, against those who:
1. Should commit an offense while on a Philippine ship or
airship;
2. Should forge or counterfeit any coin or currency note of the
Philippine Islands or obligations and securities issued by the
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;
4. While being public officers or employees, should commit an
offense in the exercise of their functions; or
5. Should commit any of the crimes against national security and
the law of nations, defined in Title One of Book Two of this
Code.
- Merchant ships are extensions of our territory meaning we cannot trial
foreign merchant ships
English Rule- Such crimes are triable in that country unless they
merely affect things within the vessel or they refer to the internal
management thereof (PH observes this rule)
 French Rule- Such crimes are not triable in the courts of that
country, unless their commission affects the peace and security of
the territory or the safety of the state is endangered
 Disorders which only disturbs the peace of the ship are to be
dealt with by the sovereignty of the home of the ship
 Crimes not involving a breach of public order committed on
board a foreign merchant vessel in transit, not triable by our
courts
 Warships are always reputed to be the territory of the country
to which they belong to
ARTICLE 3. Definition. — Acts and omissions punishable by law are
felonies (delitos).
Felonies are committed not only by means of deceit (dolo) but also by
means of fault (culpa).
There is deceit when the act is performed with deliberate intent; and
there is fault when the wrongful act results from imprudence, negligence,
lack of foresight, or lack of skill.
Felonies- acts and omissions punishable by the RPC
Elements of Felonies
1. Must be an act or omission
2. Must be punishable by the RPC
3. Act or omission incurred by means of dolo or culpa
Act- Any bodily movement tending to produce some effect in the external
world; An external act which has direct connection with the felony intended
to be committed. Only external acts are punishable.
Omission- inaction, the failure to perform a positive duty which one is bound
to do. There must be a law requiring the doing or performance of an act
“Nullum crimen, nulla poena sine lege”- There is no crime where
there is no law punishing it
Classification of Felonies
1. Intentional Felonies- Offender is malicious/has the intention to
cause injury to another
 Dolus- equivalent to malice/the intent to do an injury to another
 Performed with deliberate intent
2. Culpable Felonies- Offender is not malicious/unintentional, it
being simply the incident of another act performed without malice
 Culpa- performed without malice
Imprudence- Deficiency of action/Lack of skill; person fails to take the
necessary precaution to avoid injury to person or damage to property
Negligence- Deficiency of perception/Lack of foresight; person fails to pay
proper attention and to use due diligence in foreseeing the injury or damage
- The act or omission must be voluntary and punishable by law to
constitute a felony. Reasons:
1. The RPC is based on the Classical Theory to which the
basis of criminal liability is free will
2. Man is a rational being
3. Felonies by dolo and culpa are both voluntary
Requisites of dolo or malice
1. Freedom
2. Intelligence
3. Intent
- A voluntary act is free, intelligent and intentional act
Intent presupposes the exercise of freedom and use of intelligence- One who
acts without freedom or without intelligence has no such intent
The existence of intent is shown by the overt acts of a person
Criminal intent is presumed from the commission of an unlawful act-
Criminal intent and the will to commit a crime are always presumed to exist
on the part of the person who executes an act which the law punishes, unless
the contrary shall appear
 “Actus non facit reum, nisi mens sit rea”-A crime is not committed
if the mind of the person performing the act complained to be
innocent; An act does not make a defendant guilty without a guilty
mind
“Ignoranti legis non excusat”- Ignorance of the law excuses no one
from complisnce therewith
“Ignorantiaa facti ecusat”- Ignorance or mistake of fact relieves
the accused from criminal liability
Requisites of Mistake of fact as a defense
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 act should be lawful
3. The mistake must be without fault or carelessness in the part of the
accused
 Lack of intent to commit a crime may be inferred from the
facts of the case
 Lack of intent to kill the deceased, because his intention
was to kill another, does not relieve the accused from the
criminal responsibility
 There is no crime od resistance when there is a mistake of
fact
 When the accused is negligent, mistake of fact is not a
defense
“Actus me invito factus non est meus actus”- An act done by me
against my will is not my act
Criminal Intent is necessary in felonies committed by means of dolo
 General Intent- Defendant knows substantial certainty that certain
consequences will occur and those consequences occur; third
element of voluntariness
 Specific Intent- Intention to cause certain consequences and those
consequences occur; proof is required
When the accused is charged with intentional felony, absence of criminal
intent is a defense—In the absence of criminal intent, there is no liability for
intentional felony. All reasonable doubt intended to demonstrate error, and
not crime, should be indulged in for the benefit of the accused.
Criminal intent is replaced by negligence and imprudence in felonies
committed by means of culpa
Requisites for an act to be considered to be voluntary:
 He must have FREEDOM while doing an act or omitting to do an
act;
 He must have INTELLIGENCE while doing the act or omitting to
do the act
 He is IMPRUDENT, NEGLIGENT, or LACKS FORESIGHT or
SKILL while doing the act or omitting to do the act
In culpable felonies, the injury caused to another should be unintentional, it
belongs simply the incident of another act performed without malice.
Mistake in the identity of the intended victim is not reckless imprudence—A
deliberate intent to do an unlawful act is essentially inconsistent with the idea
of reckless imprudence; since the unlawful act is willfully done
A person causing damage or injury to another, without malice or fault, is not
criminally liable under the RPC—If there is neither malice nor negligence,
on the part of the person causing damage, he is not criminally liable
Three classes of crimes:
1. Intentional Felonies
2. Culpable Felonies
3. Crimes defined and penalized by special laws—Intent is not
necessary to commit the crime. It is sufficient that the offender has
the intent to perpetrate the act prohibited by the special law freely
and consciously.
 Reason: The effect of the act is much important than the
intent that the actor has
Mala in se (wrongful in nature)—Serious in their effect on society as to call
for unanimous condemnation of its members
- Intent governs
- Felonies defined and penalized by the RPC; inherently immoral,
even if punishable by special laws
Mala Prohibita (wrongful merely because prohibited by statute)—Violations
of mere rules of convenience designed to secure amore orderly regulation of
affairs of society
- The only inquiry is, has the law been violated?
- Acts made criminal by special laws
Motive—moving power which impels one to action for a definite result.
Intent is the purpose to use a particular means to affect such results.
- Motive need not to be proven for purposes of conviction
- Motive is established by the testimony of the witness on the acts or
statements of the accused before or immediately after the
commission of the offense
- Lack of motive may be an aid in showing the innocence of the
accused
ARTICLE 4. Criminal Liability. — Criminal liability shall be incurred:
1. By any person committing a felony (delito) although the wrongful act
done be different from that which he intended.
2. By any person performing an act which would be an offense against
persons or property, were it not for the inherent impossibility of its
accomplishment or on account of the employment of inadequate or
ineffectual means.
One who commits an intentional felony is responsible for all the
consequences which may naturally and logically result therefrom, whether
foreseen or intended or not—He is responsible for all the consequences of
said act, regardless of his intention.
“Committing a felony”—If the act is not punishable by the RPC, it is not a
felony. But the felony committed by the offender should be one committed
by means of dolo
- When a person has not committed a felony, he is not criminally
liable for the result which is not intended
“Although the wrongful act done be different from that which he
intended”—A person still criminally liable even if
1. Mistake of Identity of victim Error in Personae
2. Mistake in the blow Aberratio ictus
3. Act exceeds the intent Praeter intentionem
Any person who creates in another’s mind an immediate sense of danger,
which causes the latter to do something resulting in the latter’s injuries, is
liable for the resulting injuries
Wrong done must be the direct, natural and logical consequence of felonious
act
- Act was efficient cause of death, accelerated death, and was the
proximate cause of death
Felony is not the proximate cause of the resulting injury when:
Proximate Cause—that cause, which, in natural and continuous
sequence, unbroken by any efficient intervening cause, produces the
injury, and without which, the result would have not occurred.
1. There is an active force that intervened between the felony
committed and the resulting injury, and the active force is a distinct
act of fact absolutely foreign from the felonious act of the accused
2. Resulting injury was due to the intentional act of the victim
Death is presumed to be the natural consequences when:
1. The victim, at the time the physical injuries were inflicted, was in
normal health
2. Death may be expected from the physical injuries inflicted
3. That death ensued within a reasonable time
Impossible crimes—indicative of criminal propensity or criminal tendency
on the part of the actor
ARTICLE 5. Duty of the Court in Connection with Acts Which Should
Requisites of Impossible crime: 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
1. The act performed would be an offense against persons or property it may deem proper to repress and which is not punishable by law, it
- Because (1) Commission of offense is inherently shall render the proper decision, and shall report to the Chief Executive,
impossible of accomplishment; (2) means of employment through the Department of Justice, the reasons which induce the court
is either: Inadequate or Ineffectual to believe that said act should be made the subject of penal legislation.
o “Inherent impossibility of its accomplishment”—
The act intended by the offender is by its nature In the same way the court shall submit to the Chief Executive, through
one of the impossible accomplishment. Must be the Department of Justice, such statement as may be deemed proper,
either (1) legal impossibility or; (2) physical without suspending the execution of the sentence, when a strict
impossibility of accomplishing the intended act enforcement of the provisions of this Code would result in the imposition
of a clearly excessive penalty, taking into consideration the degree of
Parricide Robbery malice and the injury caused by the offense.
Murder Brigandage
Homicide Theft
Infanticide Usurpation
Abortion Culpable Solvency “In connection with acts which should be repressed but which are not
Duel Swindling and other deceits covered by law”:
Physical Injuries Chattel Mortgage
1. The act committed by the accused appears not punishable by any
Rape Arson and other crimes involving
law
destruction
2. But the court deems it proper to repress such act
Malicious Mischief
3. In that case, the court must render the proper decision by dismissing
the case and acquitting the accused
2. Act was done with evil intent 4. The judge must make a report to the chief executive, through the
3. Its accomplishment is inherently impossible or that the means Secretary of Justice, stating the reasons which induce him to believe
employed is either inadequate or ineffectual that the said act should be made the subject of penal legislation
4. Act performed should not constitute a violation of another provision
of the RPC Nullum crimen, nulla poena sine lege—there is no crime is there is no law
that punishes the act
Purpose of punishing the impossible crimes: To suppress criminal propensity
or criminal tendencies. Objectively, offender has not committed a felony, but
subjectively, he is criminal

In impossible crime, the act performed should not constitute a violation of

another provision of the Code
“In cases of excessive penalties”
1. The court after trial finds the accused guilty
2. The penalty provided by law and which the court imposes for the
crime committed appears to be clearly excessive because
a. The accused acted with lesser degree of malice and/or
b. There is no injury or the injury caused is of lesser gravity
3. The court should not suspend the execution of the sentence
4. The judge should submit a statement to the Chief Executive, through
the SOJ, recommending executive clemency—pardon or commute
Dura Lex Sed Lex—It is harsh, but it is the law
ARTICLE 6. Consummated,, Frustrated, and Attempted Felonies. —
Consummated felonies, as well as those which are frustrated and
attempted, are punishable.
A felony is consummated when all the elements necessary for its
execution and accomplishment are present; and it is frustrated when
the offender performs all the acts of execution which would produce the
felony as a consequence but which, nevertheless, do not produce it by
reason of causes independent of the will of the perpetrator.
There is an attempt when the offender commences the commission of a
felony directly by overt acts, and does not perform all the acts of
execution which should produce the felony by reason of some cause or
accident other than his own spontaneous desistance.
Development of Crime
1. Internal Acts—Mere ideas in the mind of a person
2. External Acts
a. Preparatory Acts: Ordinarily they are not punishable
except when the law provides for their punishment in
certain felonies
b. Acts by Execution: Punishable under the RPC;
Attempted, Frustrated and consummated
ATTEMPTED—When the offender commences the commission of a
felony directly by overt acts, and does not perform all the acts of execution
which should produce the felony by reason of some cause or accident other
than his own spontaneous desistance
1. Offender commences the commission of the felony directly by
overt acts
2. He does not perform all the acts of execution which should
produce the felony
3. Offender’s act is not stopped by his own spontaneous desistance
4. The non-performance of all acts of execution was due to cause or
accident other than his spontaneous desistance (Desistance should
be made before all acts are executed)
Commences the commission of a felony directly by over acts—There are
external acts that have direct connection with the crime intended to be
committed
- The offender never passes the subjective phase of the offense
Subjective Phase—That portion of the acts constituting the crime,
starting from the point where the offender begins the commission
of the crime to that point where he has still control over his acts
Indeterminate Offense: One where the purpose of the offender in
performing an act is not certain. Its nature in relation to its objective is
ambiguous
FRUSTRATED—When the offender performs all the acts of execution
which would produce the felony as a consequence, but which, nevertheless,
do not produce it by reason of causes independent of the will of the
perpetuator
1. Offender performs all the acts of execution
2. All the acts performed would produce the felony as a consequence
3. The felony is not produced
 4. By reason of causes independent of the will of the perpetuator b. Crimes consummated by mere attempt or proposal or by
overt act
- It is necessary for the frustration of the same mortal wound be c. Felony by omission
inflicted, because then the wound could produce the felony as a d. Crimes requiring the intervention of two persons to
consequence commit them are consummated by mere argument
- If the crime is not produced because the offender himself e. Material Crimes
prevented its consummation there is no frustrated felony, for the 4 th i. Consummated rape
element is not present ii. Frustrated rape
iii. Attempted rape
iv. Consummated homicide
Frustrated Attempted Impossible crime
v. Frustrated homicide
The evil intent is not accomplished
vi. Attempted homicide
Offender has The offender merely
performed all the acts commences the commission of
of execution a felony but doesn’t perform - No crime of frustrated theft
all the acts
What prevented its accomplishment is the intervention Evil intent cannot be ARTICLE 7. When Light Felonies are Punishable. — Light felonies are
of certain cause or accident which the offender had no accomplished because punishable only when they have been consummated, with the exception
part of it is inherently of those committed against person or property.
impossible
Light Felonies—Infractions of the law for the commission of which that
penalty of arresto menor or a fine not exceeding 200, or both is provided

CONSUMMATED—When all the elements for its execution and - Public conscience is satisfied with providing a light penalty for
accomplishment are present their consummation
- The commission of felonies against persons or property
presupposes in the offender moral depravity
- When a felony has two or more elements and one of them is not
proved by the prosecution during the trial, either: (1) felony is not
consummated or (2) felony is not committed; (3) another felony is 1. Slight Physical Injuries
committed 2. Theft
3. Alteration of boundary marks
4. Malicious mischief
How to Determine if ATTEMPTED, FRUSTRATED OR
5. Intriguing against honor
CONSUMMATED

1. Nature of the Offense

2. Elements constituting the felony
3. The manner of committing the same
a. Formal crimes: consummated in one instant
ARTICLE 8. Conspiracy and Proposal to Commit Felony. —
Conspiracy and proposal to commit felony are punishable only in the
cases in which the law specially provides a penalty therefor.
A conspiracy exists when two or more persons come to an agreement
concerning the commission of a felony and decide to commit it.
There is proposal when the person who has decided to commit a felony
proposes its execution to some other person or persons.
- Conspiracy exists when two or more persons come to an agreement
concerning the commission of a felony and decide to commit it
- Conspiracy is not a crime except when the law specifically
provides a penalty (Treason, rebellion and sedition)
- An agreement to commit a crime is a reprehensible act from the
viewpoint of morality
- The conspirators should not actually commit treason, coup d’etat,
rebellion or sedition. It is sufficient that two or more persons agree
and decide to commit treason, rebellion or sedition
- All conspirators who carried out their plan and personally took part
in its execution are equally liable
Requisites of conspiracy:
1. Two or more persons came to an agreement
2. That the agreement concerned the commission of a felony
a. Must be an agreement to act, to effect to bring about what
has already been conceived and determined
3. That the execution of the felony be decided upon
a. There must be determination to commit the crime of
treason, rebellion or sedition
- Direct proof is not essential to establish conspiracy. Conspiracy
can be presumed from and proven by acts of the accused
themselves when the said acts point to a joint purpose and design
- Evidence of actual cooperation rather than mere cognizance or
approval of an illegal act is required
Requisites of Proposal
1. A person has decided to commit a felony
2. That he proposes its execution to some other person(s)
No crimes when:
1. The person who proposes is not determined to commit the felony
2. There is no decided, concrete and formal proposal
3. It is not the execution of a felony that is proposed
ARTICLE 9. Grave Felonies, Less Grave Felonies and Light Felonies.
— Grave felonies are those to which the law attaches the capital
punishment or penalties which in any of their periods are afflictive, in
accordance with article 25 of this Code.
Less grave felonies are those which the law punishes with penalties
which in their maximum period are correctional, in accordance with
the abovementioned article.
Light felonies are those infractions of law for the commission of which
the penalty of arresto menor or a fine not exceeding 200 pesos or both,
is provided.
- When the penalty prescribed for the offense is composed of two or
more distinct penalties, the higher or highest of the penalties must
be an afflictive penalty
ARTICLE 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 Code shall be
supplementary to such laws, unless the latter should specially provide
the contrary.
- The penal code is not intended to supersede special penal laws
- The main idea and purpose of the article is embodied in the
provision that the code shall be supplementary to special laws
ARTICLE 11. Justifying Circumstances. — The following do not incur
any criminal liability:
1. Anyone who acts in defense of his person or rights, provided that the
following circumstances concur:
First. Unlawful aggression;
Second. Reasonable necessity of the means employed to prevent or
repel it;
Third. Lack of sufficient provocation on the part of the person
defending himself.
2. Anyone who acts in defense of the person or rights of his spouse,
ascendants, descendants, or legitimate, natural or adopted brothers or
sisters, or of his relatives by affinity in the same degrees, and those by
consanguinity within the fourth civil degree, provided that the first and
second requisites prescribed in the next preceding circumstance are
present, and the further requisite, in case the provocation was given by
the person attacked, that the one making defense had no part therein.
3. Anyone who acts in defense of the person or rights of a stranger,
provided that the first and second requisites mentioned in the first
circumstance of this article are present and that the person defending
be not induced by revenge, resentment, or other evil motive.
4. Any person who, in order to avoid an evil or injury, does an act
which causes damage to another, provided that the following requisites
are present:
First. That the evil sought to be avoided actually exists;
Second. That the injury feared be greater than that done to avoid it;
Third. That there be no other practical and less harmful means of
preventing it.
5. Any person who acts in the fulfillment of a duty or in the lawful
exercise of a right or office.
6. Any person who acts in obedience to an order issued by a superior
for some lawful purpose.
ARTICLE 12. Circumstances Which Exempt from Criminal Liability.
— The following are exempt from criminal liability:
1. An imbecile or an insane person, unless the latter has acted during a
lucid interval.
When the imbecile or an insane person has committed an act which the
law defines as a felony (delito), the court shall order his confinement in
one of the hospitals or asylums established for persons thus afflicted,
which he shall not be permitted to leave without first obtaining the
permission of the same court.
2. A person under nine years of age.
3. A person over nine years of age and under fifteen, unless he has acted
with discernment, in which case, such minor shall be proceeded against
in accordance with the provisions of article 80 of this Code.
When such minor is adjudged to be criminally irresponsible, the court,
in conformity with the provisions of this and the preceding paragraph,
shall commit him to the care and custody of his family who shall be
charged with his surveillance and education; otherwise, he shall be
committed to the care of some institution or person mentioned in said
article 80.
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.
5. Any person who acts under the compulsion of an irresistible force.
6. Any person who acts under the impulse of an uncontrollable fear of
an equal or greater injury.
7. Any person who fails to perform an act required by law, when
prevented by some lawful or insuperable cause.
ARTICLE 13. Mitigating Circumstances. — The following are
mitigating circumstances:
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 (delito), his spouse, ascendants,
descendants, legitimate, natural, or adopted brothers or sisters, or
relatives by affinity within the same 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.
8. That the offender is deaf and dumb, blind or otherwise suffering
some physical defect which thus restricts his means of action, defense,
or communication with his fellow beings.
9. Such illness of the offender as would diminish the exercise of the will-
power of the offender without however depriving him of consciousness
of his acts.
10. And, finally, any other circumstance of a similar nature and
analogous to those above mentioned.
ARTICLE 14. Aggravating Circumstances. — The following are
aggravating circumstances:
1. That advantage be taken by the offender of his public position.
2. That the crime be committed in contempt of or with insult to the
public authorities.
3. That the act be committed with insult or in disregard of the respect
due to the offended party on account of his rank, age, or sex, or that it
be committed in the dwelling of the offended party, if the latter has not
given provocation.
4. That the act be committed with abuse of confidence or obvious
ungratefulness.
5. That the crime be committed in the palace of the Chief Executive, or
in his presence, or where public authorities are engaged in the
discharge of their duties, or in a place dedicated to religious worship.
6. That the crime be committed in the nighttime, or in an uninhabited
place, or by a band, whenever such circumstances may facilitate the
commission of the offense.
Whenever more than three armed malefactors shall have acted
together in the commission of an offense it shall be deemed to have been
committed by a band.
7. That the crime be committed on the occasion of a conflagration,
shipwreck, earthquake, epidemic or other calamity or misfortune.
8. That the crime be committed with the aid of armed men or persons 18. That the crime be committed after an unlawful entry.
who insure or afford impunity.
There is an unlawful entry when an entrance is effected by a way not
9. That the accused is a recidivist. intended for the purpose.

A recidivist is one who, at the time of his trial for one crime, shall have
been previously convicted by final judgment of another crime
embraced in the same title of this Code.
10. That the offender has been previously punished for an offense to
which the law attaches an equal or greater penalty or for two or more
crimes to which it attaches a lighter penalty.
11. That the crime be committed in consideration of a price, reward, or
promise.
19. That as a means to the commission of a crime a wall, roof, floor,
door, or window be broken.
20. That the crime be committed with the aid of persons under fifteen
years of age or by means of motor vehicles, airships, or other similar
means.
21. That the wrong done in the commission of the crime be deliberately
augmented by causing other wrong not necessary for its commission.

12. That the crime be committed by means of inundation, fire, poison,

explosion, stranding of a vessel or intentional damage thereto,
derailment of a locomotive, or by the use of any other artifice involving
great waste and ruin.

13. That the act be committed with evident premeditation.

14. That craft, fraud, or disguise be employed.

15. That advantage be taken of superior strength, or means be

employed to weaken the defense.

16. That the act be committed with treachery (alevosia).

There is treachery when the offender commits any of the crimes against
the person, employing means, methods, or forms in the execution
thereof which tend directly and specially to insure its execution,
without risk to himself arising from the defense which the offended
party might make.

17. That means be employed or circumstances brought about which

add ignominy to the natural effects of the act.