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Article 11(6). Any person who acts in obedience to an order issued by a superior for
some lawful purpose.
1. That an order has been 1. When the accused 1. The court ordered that
issued by a superior. acted upon orders of the convict should be
2. That such order must superior officers, which executed on a certain
be for some lawful he, as military date. The executioner
purpose. subordinate, could not put him to death on a
3. That the means used question, and obeyed day earlier than the
by subordinate to carry the orders in good date fixed by the court.
out said order is lawful. faith, without being 2. The execution of the
aware of their illegality, convict, although by
without any fault or virtue if a lawful order of
negligence on his part, the court, was carried
he is not liable out against the
because he had no provision of Article 82.
criminal intent and he The executioner is
as not negligent. guilty of murder.
(People v. Beronilla, 3. One who prepared a
96 Phil. 566) falsified document with
full knowledge of its
falsity is not excused
even if he merely acted
in obedience to the
instruction of his
superior, because the
instruction was not for a
lawful purpose. (People
v. Barroga. 54 Phil.
247)
4. 4. A soldier who, in
obedience to the order
of his sergeant, tortured
to death the deceased
for bringing a kind of
fish different that he
had been asked to
furnish a constabulary
detachment, is
criminally liable.
Obedience to an order
of a superior is justified
only when the order is
for some lawful
purpose. The order to
torture the deceased
was illegal, and the
accused was not bound
to obey it. (People v.
Margen, et al., 85 Phil.
839)
Exempting Circumstances
Imbecility or Insanity
Article 12(1). An imbecile or an insane person, unless the latter has acted during a
lucid interval.
Minority
Minority
Article 12(3). A person over fifteen years of age and under eighteen, unless he has
acted with discernment, in which case, such minor shall be proceeded against in
accordance with the provisions of Art. 80 of this Code.
1. 15 years and one day 1. When the minor in the 1. When the minor
2. Eighteen years and commission of the committed the crime
below crime did not know so during nighttime to
3. Must not act with well the consequences avoid detection or took
discernment of his wrongful act, a the loot to another town
manifestation of the to avoid discovery, he
complete absence of manifested
intelligence, is discernment. (People v.
exempted from Magsino, G.R. No.
criminal liability. 40176, May 3, 1934)
2. Rodel, who was 16
years old, punched the
body and the head of
the victim with a brass
knuckle (llave inglesa)
wrapped around his
right fist. Raymund then
tied a handkerchief
around the victim’s
neck, fastened a dog
chain to the ends of the
said handkerchief and,
with the aid of
Raymund and Rodel,
hoisted the victim’s
body to and hanged it
from a nearby tree.
Rodel, together with his
cohorts, warned
Jovencio not to reveal
their hideous act to
anyone; otherwise, they
would kill him. Rodel
knew, therefore, that
killing the victim was a
condemnable act and
should be kept in
secrecy. He fully
appreciated the
consequences of his
unlawful act. (Madali v.
People. G.R. No.
180380, August 4,
2009)