A

JUSTIFYING CIRCUMSTANCES

Requisites:

Self- Defense of Defense of Avoidance Fulfillment Obedience

Defense relatives others of evil or of duty to an order
injury
1. unlawful 1. unlawful 1. unlawful 1. evil sought 1. the 1. an order
aggression aggression aggression to be avoided accused has been
actually acted in the issued by a
exists perf. of a superior
duty or in the
lawful
exercise of a
right or office
2. 2. 2. 2. injury 2. that the 2. such order
reasonable reasonable reasonable feared be injury caused must be for
necessity of necessity of necessity of greater that or the some lawful
the means the means the means that done to offense purpose
employed to employed to employed to avoid it committed be
prevent or prevent or prevent or the
repel it repel it repel it necessary
consequence
of the due
perf of duty
or the lawful
exercise of
such right or
office
3. Lack of 3. in case the 3. the 3. there be 3. the means
sufficient provocation person no other used by the
provocation was given by defending be practical & subordinate
on the part of the person not induced less harmful to carry out
the person attacked, the by revenge, means of said order is
defending one making a resentment, preventing it lawful
himself defense had or other evil
no part motive
therein

 Sufficient provocation – it shld be proportionate to the act of aggression & adequate to stir
the aggressor to its commission

 Unlawful aggression – is equivalent to assault or at least threatened assault of an

immediate & imminent kind
 B
Basis & Elements of Exempting Circumstances

Exempting Circumstance Basis Elements

1. imbecile or insane Without
intelligence
2. person under 9 yrs. Without
(under 15 – RA 9344) intelligence
3. over 9 – under 15, unless Without
acted w/ discernment intelligence
(over 15 – under 18 – RA
9344)
4. causes an injury by mere Without intent 1. performing lawful act
accident w/o fault or 2. w/ due care
intention 3. causes an injury by mere accident
4. w/o fault or intention of causing it
5. irresistible force Without freedom 1. compulsion is by means of
physical force
2. physical force must be
irresistible
3. physical force must come from
3rd person
6. impulse of uncontrollable Without freedom 1. the threat w/c causes the fear is
fear of an equal or greater of an evil greater than or at
injury least equal to that w/c he is
reqd to commit
2. it promises an evil of such
gravity & imminence that the
ordinary man would have
succumbed to it
7. fails to perf. An act reqd by Without intent 1. An act is reqd by law to be
law, when prevented by done
some lawful or insuperable 2. a person fails to perform such
cause act
3. his failure to perform such act
was due to some lawful or
insuperable cause
 C

Basis & Requisites of Mitigating Circumstances

Mitigating Circumstance Basis Requisites

1. preceding chapter 1. when all requisites necessary to

2. under 18 or over 70
3. no intention to commit so
grave a wrong as that
committed
4. sufficient provocation or threat
on the part of the offended
party immediately preceded
the act
5. immediate vindication of a
grave offense to the one
committing the felony, his
relatives
6. impulse so powerful as
naturally to have produced
passion or obfuscation
7. voluntarily surrendered to
personin authority or his
agents, or voluntarily
confessed his guilt
8. deaf & dumb, blind, or
suffering from physical defect
9. illness as would diminish the
exercise of will power
10. similar circumstances &
analogous to above
justify or exempt an act are not
attendant
Diminution of
intelligence
Intent is diminished
1. provocation must be sufficient
2. must originate for the offended
party
3. immediate to the act
Diminution of the 1. there be a grave offense done
conditions of to the one committing the
voluntariness felony
2. felony is committed in
vindication of such grave
offense
Diminution of his 1. there be an act, both
intelligence & intent unlawfully & suff. To produce
such a condition of mind
2. said act w/c produce the
obfuscation was not far
removed from the commission
of the crime by a considerable
length of time
3. the cause producing
passion or obfuscation must
come from the offended party
Acknowledges his 1. offender had not been
guilt & wishes to actually arrested
save the trouble & 2. offender surrendered himself
expenses to a person in authority or his
necessarily agent
incurred in his 3. surrender was voluntary
search & capture
1. offender spontaneously
Lesser perversity confessed his guilt
of the offender 2. confession was made in open
court
3. confession of guilt was made
prior to the presentation of
evidence
No complete
freedom of action
therefore
diminution of
voluntariness
Diminution of intent 1. illness of the offender must
& intelligence diminish the exercise of his will
power
2. such illness shld not deprive
the offender of consciousness
of his acts

 provocation – any unjust or improper conduct or act of the offended party,

capable of exciting, inciting or irritating anyone
 D

Basis & Requisites of Aggravating Circumstances

Basis: Greater perversity

Aggravating Circumstance Basis Requisites

1. taking advantage of his By personal
public position circumstance;
means used to
secure the
commission
2. contempt or insult to public Lack of respect 1. the public authority is engage in the
authorities for public exercise of his functions
authorities 2. he who is engaged in the exercise of
said function is not the person
against whom the crime is committed
3. offender knows him to be a public
authority
4. his presence has not prevented the
offender from committing the criminal
act
3. insult of in disregard of the Personal
respect on acct of his rank, circumstance
age or sex

or committed in the dwelling of Place of

the offended party commission
4. abuse of confidence or Means & ways
obvious ungratefulness employed
5. committed in the palace of Place of
the Chief Executive, or in commission w/c
his presence, or where must be
public authorities are respected
engaged in the discharged
of their duties or in a place
of religious worship
6. nighttime Time of
commission

uninhabited place Place of

commission

by a band Means & ways

employed
7. on occasion of a Time of the
conflagration, shipwreck, commission of
earthquake, epidemic, or the crime
other calamity or
misfortune
8. aid of armed men Means of 1. armed men or persons took part in
committing the commission, directly or indirectly
(2 or more)
2. accused availed himself of their aid
or relied upon them when the crime
was committed
9. recidivism Inclination to 1. offender is on trial for defense
crimes 2. he was previously convicted by final
judgment of another crime
3. both 1st & 2nd offenses are embraced
in the same title of the Code
4. offender is convicted of the new
offense
10. previously punished Inclination to 1. accused in on trial for an
(reiteracion) crimes offense

11. in consideration of a prive,
reward or promise
12. by means of inundation,
fire, poison, stranding of a
vessel, derailment of
locomotive, or by use of
artifice involving great
waste or ruin
13. evident premeditation
14. craft, fraud, or disguise be
employed
15. taking advantage of
superior strength
16. treachery
17. add ignominy
18. unlawful entry
19. wall, roof, floor, door, or
window be broken
20. w/ aid of person under 15
or by means of motor vehicle,
motorize watercraft, airships or
other similar means
21. cruelty
E
2. he previously served sentence
for another offense to w/c the
law attaches an equal or greater
penalty, or for 2 or more crimes
to w/c it attaches lighter penalty
than for the new offense
3. he is convicted of the new
offense
Motivating power
itself
Means & ways
employed
Ways of 1. time when the offender determined
committing crime to commit the crime
– deliberate 2. an act manifestly indicating that the
planning of the culprit has clung to his determination
act before 3. a sufficient lapse of time between the
executing determination & execution to allow
him to reflect upon the
consequences of his act
Means employed
1. that at the time of the attack, the
victim not in a position to defend
himself
2. offender consciously adopted the
particular means, method or form of
attack employed by him
Means employed
Means & ways
employed
Means & ways
employed
Means & ways
employed
Ways employed 1. the injury caused be deliberately
increased by causing other wrong
2. the other wrong be unnecessary for
the execution of the purpose of the
offender