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De Guzman, Roy Christian B. 2-Bravo: Law 1 ARTICLE NO.11to15

This document outlines Philippine criminal law regarding circumstances that justify, exempt from, mitigate, or aggravate criminal liability. It discusses circumstances like self-defense, defense of others, compulsion, uncontrollable fear, and age or mental capacity. It also lists mitigating circumstances like youth, provocation, and surrender; and aggravating circumstances like abuse of authority, commission at night, recidivism, and premeditation. Alternative circumstances to consider include relationship to the victim, intoxication, and the offender's education level.

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73 views5 pages

De Guzman, Roy Christian B. 2-Bravo: Law 1 ARTICLE NO.11to15

This document outlines Philippine criminal law regarding circumstances that justify, exempt from, mitigate, or aggravate criminal liability. It discusses circumstances like self-defense, defense of others, compulsion, uncontrollable fear, and age or mental capacity. It also lists mitigating circumstances like youth, provocation, and surrender; and aggravating circumstances like abuse of authority, commission at night, recidivism, and premeditation. Alternative circumstances to consider include relationship to the victim, intoxication, and the offender's education level.

Uploaded by

Zac Garcia
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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DE GUZMAN,ROY CHRISTIAN B.

2-BRAVO

LAW 1
ARTICLE NO.11to15
Art. 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. Any one who acts in defense of the person or rights of his spouse, ascendants, 
descendants, or legitimate, natural or adopted brothers or sisters, or his relatives by 
affinity in the same degrees and those 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 revocation 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 Art. 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 not 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.

Art. 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 Art. 80
of this Code. When such minor is adjudged to be criminally irresponsible, the court,
in conformably 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
Art. 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 act under the compulsion of 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
insuperable cause.
Chapter Three
CIRCUMSTANCES WHICH MITIGATE CRIMINAL LIABILITY

Art. 13. Mitigating circumstances. — The following are mitigating circumstances;


 1. Those mentioned in the preceding chapter, when all the requisites necessary to justify or to
exempt from criminal liability in the respective cases are not attendant.
 2. That the offender is under eighteen year of age or over seventy years. In the case of the
minor, he shall be proceeded against in accordance with the provisions of Art. 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, 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 guiltbefore 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 communications 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 the consciousness of his acts.chan robles virtual law library
 10. And, finally, any other circumstances of a similar nature and analogous to those above
mentioned.
Chapter Four
CIRCUMSTANCE WHICH AGGRAVATE CRIMINAL LIABILITY

Art. 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 or with insult to the public authorities.
 3. That the act be committed with insult or in disregard of the respect due the offended party
on account of his rank, age, or sex, or that is 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 night time, 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 who insure or afford
impunity.
 9. That the accused is a recidivist. 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 by 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 aprice, reward, or promise.
 12. That the crime be committed by means of inundation, fire, poison, explosion, stranding of a
vessel or international 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 evidence premeditation.
 14. That the 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.
 18. That the crime be committed after an unlawful entry. There is an unlawful entry when an
entrance 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, motorized watercraft, airships, or other similar means. (As amended
by RA 5438).
 21. That the wrong done in the commission of the crime be deliberately augmented by causing
other wrong not necessary for its commissions.
Chapter Five
ALTERNATIVE CIRCUMSTANCES

Art. 15. Their concept. — Alternative circumstances are those which must be taken 
into consideration as aggravating or mitigating according tthe nature and effects of the crime
and the other conditions attending its commission. They are the relationship, intoxication and
the degree of instruction and education of the offender.The alternative circumstance of
relationship shall be taken into consideration when the offended party in the spouse,
ascendant, descendant, legitimate, natural, or adopted brother or sister, or relative by affinity
in the same degrees of the offender.The intoxication of the offender shall be taken
intoconsideration as a mitigating circumstances when the offender has committed a felony in a
state of intoxication, if the same is not habitual or subsequent to the plan to commit said felony
but when the intoxication is habitual or intentional, it shall be considered as an
aggravating circumstance.

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