1

III. JUSTIFYING CIRCUMSTANCES AND EXEMPTING CIRCUMSTANCES

A.

Definition/Concepts:
A. Imputability
B. Responsibility
C. Guilt
What is the effect of invoking Justifying and Exempting Circumstances?
Burden of ProofAccused.
Quantum of ProofClear and Convincing Evidence.

o
o
o
B.

Justifying Circumstances (Art.11, RPC).

No crime; No criminal liability
No criminal; perpetrator acts in accordance with law
No civil liability except in Art.11(4), RPC where civil liability is borne by persons benefited
RPC recognizes 6 justifying circumstances.

1.

Self-Defense (Art.11[1], RPC)

a.

Rationale
People v. Dagani, G.R.No.153875, August 16, 2006

b.

Effect of invoking Self-Defense

People v. Concepcion, G.R.No.169060, February 6, 2007

c.

Quantum of Proof
Cabuslay v. People, 471 SCRA 241

d.

What may be defended? Defense of body/person or rights

People v. Roxas, 58 Phil 733
People v. Sabio, G.R.no. L-23734, April 27, 1967

e.

Elements
People v. Enfectana, 381 SCRA 359
i.

Unlawful Aggression

Indispensable
Palaganas v. People, 501 SCRA 533
People v. Beltran, G.R.No. 168051, September 27, 2006
Cano v. People, 413 SCRA 92

Must be actual and imminent

People v. Cabungcal, 51 Phil 803

ii.

iii.

Must be real and not imaginary

People v. Arnante, 391 SCRA 155
People v. CA, 352 SCRA 599

Must be continuing; effect of cessation

People v. San Juan, 386 SCRA 400
People v. Geneblazo, 361 SCRA 572
Sanchez v. People, G.R.No. 161007, December 6, 2006

Reasonable Necessity

What is reasonable?
People v. Dagani, G.R.No. 153875, August 16, 2006
People v. Ubaldo, 367 SCRA 432

Rational equivalence
People v. Rabanal, 387 SCRA 85
People v. Palaganas, G.R.No.165483, September 12, 2006

Prevention/Repulsion distinguished from retaliation

U.S. v. Carrero, 9 Phil 544
Senoja v. People, 440 SCRA 695

Lack of Sufficient Provocation

Not given cause for aggression by virtue of unjust conduct

Rimano v. People, 416 SCRA 569

Provocation by the person claiming self-defense, if any, must not be the proximate or immediate cause of the
victims aggression
People v. Annibong, 403 SCRA 92

Concepts of provocation in the RPC

People v. CA, 352 SCRA 59

***Battered Woman Syndrome

Secs. 3 & 26, RA 9262 AVAWC Act of 2004
Evidence must be considered in the context of self-defense
People v. Genosa, 419 SCRA 537
2.

Defense of Relative (Art.11[2], RPC)

a.

What may be defended? Defense of body/person or rights

b.

Elements
People v. Mendez, 387 SCRA 294
Unlawful Aggression (See Art.11[1], RPC)
Balunueco v. CA, 401 SCRA 76
Reasonable Necessity (See Art.11[1], RPC)
Person defending had no part in provoking the victim

3.

Defense of Stranger (Art.11[3], RPC)

a.
b.

What may be defended? Defense of body/person or rights

Elements
People v. Dijan, 383 SCRA 15
Unlawful Aggression (See Art.11[1], RPC)
Reasonable Necessity (See Art.11[1], RPC)
Person defending is not induced by resentment, revenge or other evil motive
Cabuslay v. People, G.R.No. 129875, September 30, 2005.

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4.

Avoidance of Greater Evil or Injury (Art. 11[4], RPC)

Elements
1.
2.
3.

Actual existence of the evil sought to be avoided; not expected/anticipated

Injury feared be greater than that done to avoid it.
No other practical and less harmful means of preventing it

Ty v. People, 439 SCRA 220

People v. Ricohermoso, 56 SCRA 431
5.

Fulfillment of Duty/Lawful Exercise of Right (Art.11[5], RPC)

Elements:
Mamangun v. People, G.R.No.149152, February 2, 2007
Angcaco v. People, 378 SCRA 297

The accused acted in the lawful performance of a duty or in the lawful exercise of such right
People v. Peralta, 350 SCRA 198

The injury or offense committed be the necessary consequence of the due performance of duty or the lawful exercise of
such right or office
Baxinela v. People, 485 SCRA 331
People v. Ulep, 340 SCRA 688
***Distinguished from Self-Defensedifferent principles, elements
Cabanlig v. Sandiganbayan, 464 SCRA 324

6.

C.
I.

II.

Obedience to Lawful Order of a Superior (Art.11[6], RPC)

People v. Beronilla, 96 Phil 566
People v. Rogado, 106 Phil 816
Exempting Circumstances (Art.12, RPC)
Imbecility (Art.12[1], RPC)
People v. Ambal, 100 SCRA 325
People v. Formigones, 87 Phil 658
Insanity, unless the crime was committed during a lucid interval
Art.12[1], RPC
- Complete deprivation of intelligence at the time of commission
People v. Valledor, 383 SCRA 653
People v. Robinos, 382 SCRA 751

III.

Minority
Art.12[2], RPC
Jose v. People, 448 SCRA 116
Llave v. People, 488 SCRA 376)
**Modified by RA 9344 JJWA, Eff.: April 28, 2006
a.

Fifteen (15) years of age or underexempted (Sec.6, par.1, RA 9344); Intervention Program (Sec.20, RA 9344)

b.

Over fifteen (15) to eighteen (18) years of ageexempted, unless with discernment (Sec.6, par.2, RA 9344). If exempt
Intervention Program (Sec.20, RA 9344); If not exemptappropriate proceedings under RA 9344

c.

Eighteen (18) years or underexempt from prosecution for:

Vagrancy & Prostitution (Art.202, RPC)

Mendicancy (PD 1563)

Sniffing of Rugby (PD 1619)

But must undergo appropriate counseling and treatment program

IV. Accidentmeaning; rationale for exemption

Toledo v. People, 439 SCRA 94

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Elements
People v. Concepcion, 386 SCRA 74

Accused is performing a lawful act with due care

Injury is caused by mere accident

Accused had neither fault nor intent to cause injury

V. Irresistible force
U.S. v. Caballeros, 4 Phil 350
People v. Loreno, 130 SCRA 311
VI.

Uncontrollable fear
Ty v. People, supra.
U.S. v. Exaltacion, 3 Phil 339
People v. Borja, 91 SCRA 340

VII.

Lawful or insuperable cause.

U.S. v. Vicentillo, 19 Phil 118
People v. Bandian, 63 Phil 530

D.

ABSOLUTORY CAUSES
1.
2.
3.
4.
5.
6.
7.

E.

The Offenders Spontaneous Desistance in the Attempted Stage of a Felony (Article 6, RPC)
Attempted or Frustrate Light Felonies which are not against persons or property (Art.7, RPC)
Accessories in light felonies (Art. 16 cf. Art. 20, RPC).
Accessories who are S, A, D, LNA B & S, Rel. by Affinity (same degrees) of the principal offender, except if they profit or assist
the latter in profiting by the effects of the crime (Art. 20 cf. Art. 19[1], RPC).
Slight or Less Serious Physical Injuries inflicted under exceptional circumstances (Art.247, RPC)
Theft, Swindling or Malicious Mischief caused mutually by: (1) S, A, D, Rel. by Affinity in the same line, (2) Widowed Spouse
re: property belonged to the deceased spouse before possession is passed onto another, (3) B, S, BiL & SiL, if living together
(Art. 332, RPC).
Instigation (U.S. v. Phelps, 16 Phil 440; Araneta v. CA, 142 SCRA 532)

OTHER DEFENSES AGAINST CRIMINAL LIABILITY

1.

Marriage of the Offender and Offended Party in cases of Seduction, Abduction,

Acts of Lasciviousness and Rape (Art.344 [4], RPC; Art.89 [7], RPC).
Pardon by the Offended party in cases of Seduction, Abduction, Acts of
Lasciviousness and Rape, prior to the institution of the criminal action (Art. 344[3], RPC; U.S. v. Luna, 1 Phil 360)
Amnesty, Prescription of Crimes (Art. 89[3 & 5], RPC)
In the crime of Trespass, when there is Legal Ground (Art.280[3], RPC)
Continued detention when there is Legal Ground (Art.124 [last par.], RPC)

2.
3.
4.
5.

IV. MITIGATING CIRCUMSTANCES

A.

B.

C.

Incomplete Justifying/Exempting Circumstances (Art.13[1])

a.

Incomplete Justifying/Exempting Circumstances (Arts, 11, 12 & 69, RPC)

In SD, DoR, DoSUnlawful aggression is indispensable (US v. Navarro, 7 Phil 73).

b.

Incomplete Accident (Arts. 12(4), 67 & 365, RPC)

Minority
Art.12[2], 13[2] & 68, RPC as Modified by RA 9344 JJWA, Eff.: April 28, 2006
a.

Over fifteen (15) to eighteen (18) years of agewith discernment, not exemptappropriate proceedings under RA 9344(Sec.6,
par.2, RA 9344).

b.

Material agedate of commission

Jose v. People, G.R.No. 162052, January 13, 2005
People v. Doquea, G.R.No.46539, September 27, 1939

Seniority (Art.13[2], Over 70 years of age)

a.

Material Age

Date of Commission (Art. 13[2])

D.

Date of Execution, in cases where the penalty is death (Art.83)

Lack of Intent to Commit so grave a wrong (Art.13[3])

a. Effect of Praeter Intentionem (Art.4, par.1)
b. Differentiate the acts covered by Art.13(3) from those covered by Art.49.
c. Lack of Intent to Commit so grave a wrong is not appreciated when the wrongful act results from criminal negligence but only
because mitigating and aggravating circumstances are not considered in the imposition of penalties in quasi-offenses (Art.365,
RPC).
People v. Badriago, G.R.No.183566, May 8, 2009
People v. Enrique, 58 Phil 536

E.

Sufficient Provocation or Threat (Art.13[4])

a. Sufficient Provocation
Tangan v. CA, G.R.No. 105830, January 15, 2002
People v. Maribung, G.R.No. L-47500, April 29, 1987
b.

Sufficient Threat
People v. Rivero, G.R.No.112721, March 15, 1995
Monroy v. People, G.R.No. L-11177, October 30, 1958
Is this a privileged or ordinary mitigating circumstance?
What if the provocation constitutes unlawful aggression?

c.

What if the provocation or threat in Art. 13 (4) constitutes unlawful aggression?

U.S. v. Vinco, G.R.No.2126, September 25, 1905
U.S. v. De Ocampo, G.R.No.2949, September 17, 1906 **

F.

Proximate Vindication of a Grave Offense (Art.13[5])

a. Factors to consider - Age, Social Standing, Place and Time of Offense
b. Must the offense vindicated be criminal in nature?
c. What if the offense vindicated in Art. 13 (5) constitutes unlawful aggression? (cf. discussion in item 3 [c] above)
d. Is this a privileged or ordinary mitigating circumstance?
People v. Ventura, G.R.Nos. 148145-46, July 5, 2004
People v. Benito, G.R.No. L-32042, February 13, 1975 (Composure test)
People v. De Guia, G.R.No.L-3731, April 20, 1951 (Discuss/distinguish Sufficient Provocation from Vindication)

G.

Passion or Obfuscation (Art.13[6])

a. Related Concept: Art.247, People v. Solanga, G.R.No.25338, September 9, 1926
b. Differentiate Provocation, Vindication and Passion.
U.S. v. Zamora, G.R.No.10615, November 16, 1915
People v. Dalag, G.R.No.129895, April 30, 2003
People v. Ventura, G.R.No.148145-46, July 5, 2004

H.

Voluntary Surrender (Art.13 [7])

Who are persons in authority and their agents? (Art.152, RPC)
People v. Tac-an, G.R.Nos.76338-29, February 26, 1990
People v. Badriago, G.R.No.183566, May 8, 2009

I.

Voluntary Plea Of Guilt (Art.13[7])

People v. Juan, G.R.No.152289, January 14, 2004
People v. Intal, 101 Phil 306

J.

Physical Defect (Art.13[8])

People v. Garillo, G.R.No.L-30281, August 2, 1978
People v. Lopit, G.R.No.177742, December 17, 2008

K.

Illness (Art.13[9])
People v. Tampus, G.R.No.181084, June 16, 2009
People v. Balneg, 79 Phil 805

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L.

Analogous Circumstances (Art.13[10])

a.
Not appreciable as analogous circumstances
1.
Family Man
People v. Castro, G.R.No.31883, December 3, 1929
2.
No Irreparable Damage
People v. Pol, G.R.No.45537, July 30, 1937
3.
Deserving Victim
People v. Canja, G.R.No.L-2800, May 30, 1950
4.
Error in Personae & Aberratio Ictus
People v. Gona, G.R.No.32066, March 15, 1930
5.
Running amuck
People v. Salazar, G.R.No.L-11601, June 30, 1959
6.
Repentance
People v. Gravino, G.R.No.L-31327, May 16, 1983
7.
Principal confessing as accomplice
People v. Tabian, G.R.No.L-30917, February 14, 1983
8.
Running amuck
People v. Salazar, G.R.No.L-11601, June 30, 1959
b.

Appreciable as analogous circumstances

1.
2.
3.
4.
5.
6.

Extreme Poverty (state of necessity)

People v. Macbul, G.R.No.48976, October 11, 1943
Gallardo v. Tabamo, A.M.No.RTJ-92-881, June 22, 1994
Analogous to minority
People v. Abad, G.R.No.L-430, July 30, 1947
Analogous to old age
People v. Reantillo and Ruiz, CA, G.R.No.301, July 27, 1938
People v. Mirabete, G.R.Nos.111294-95, September 7, 1995
Analogous to passion
People v. Ong, G.R.No.L-34497, January 30, 1975
People v. Quintos, G.R.No.51107, June 4, 1990
Restitution of Stolen/Malversed Property (Voluntary Surrender)
Cimafranca v. People, G.R.No.94408, February 14, 1991
Testifying for prosecution (Voluntary Plea of Guilty)
People v. Navasca, G.R.No.L-28107, March 15, 1977

V. AGGRAVATING CIRCUMSTANCES

Distinguish ordinary aggravating from qualifying circumstances.

Basis and rationale in providing for aggravating circumstances.

Must be alleged in the information and proven during trial before they can be appreciated
People v. Guevarra, G.R.No. 182192, October 29, 2008 citing People v. Simon, G.R. No. 130531, 27 May 2004, 429 SCRA 330,
353-354
Section 8 & 9, Rule 110 of the Rules of Court

Manner of Alleging Aggravating/Qualifying Circumstances

People v. Dela Cruz, G.R.No.174371, December 11, 2008 citing People v. Aquino, 435 Phil. 417 [2002]

Must be proven with equal certainty as the crime itself

People v. Dela Cruz, G.R.No.174371, December 11, 2008 citing People v. Aquino, 435 Phil. 417 [2002]

Aggravating Circumstances under Art. 14 RPC

1.

That advantage be taken by the offender of his public position. (Art.14[1] RPC)

2.

In contempt of or with insult to the public authorities. (Art. 14[2] RPC)

3.

Age, Rank, Sex, Dwelling (Art. 14[3] RPC)

a.

With insult or in disregard of the respect due to the offended party on account of his

b.

Rank
Age
Sex

Dwelling
People v. Montesa, G.R.No.181899, November 27, 2008
People v. Gayeta, G.R.No.171654, December 17, 2008

Meaning of Dwelling
Effect of provocation by the offended party
Requisites of provocation under Art.14(3) RPC?

4.

Abuse of Confidence or Obvious Ungratefulness. (Art. 14[4], RPC)

5.

That the crime be committed

a. In the palace of the Chief Executive
b. In the presence of the Chief Executive
c. Where public authorities are engaged in the discharge of their duties
d. In a place dedicated to religious worship. (Art. 14[5] RPC)
Differentiate a,b,c,d above

6.

Nighttime, uninhabited place, band (Art. 14[6] RPC)

a. Nighttime
Pp v. Nanquil, supra
People v. Gayeta, G.R.No.171654, December 17, 2008
b.
c.

Uninhabited Place
Band

Meaning of BandMore than three (3) armed malefactors acting together in committing an offense. (People v. Abdul,
G.R.No.128074, July 13, 1999)
7.

On the occasion of a conflagration, shipwreck, earthquake, epidemic or other calamity or misfortune. (Art. 14[7] RPC)

8.

Aid of armed men or persons who insure/afford impunity (Art. 14[8] RPC)
a. Aid of Armed Men
Differentiate from Band under Art. 14[6] RPC
b.

9.

Aid of Persons who insure/afford impunity

Recidivism (Art. 14[9] RPC)

1. DefinitionA 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
2. How established?

10. Reiteracion (Art. 14[10] RPC)

DefinitionThat 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. Price, Reward, or Promise (Art. 14[11] RPC)
Correlate with Art.17 RPC on Principals
12. 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. (Art. 14[12] RPC)
Differentiate from Art. 14[7] RPC
13. Evident Premeditation (Art. 14[13] RPC)
People v. De Guzman, G.R.No.173477, February 4, 2009
Mendoza v. People, G.R.No.173551, October 4, 2007
Why can Evident Premeditation absorb other aggravating circumstances?
14. Craft, Fraud, Disguise (Art. 14[14] RPC)

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15. Abuse of Superior Strength; Means to Weaken Defense (Art. 14[15] RPC)
a.

Abuse of Superior Strength

People v. Regalario, G.R.No.174483, March 31, 2009
Mendoza v. People, G.R.No.173551, October 4, 2007

b.

Means to weaken Defense

Distinguish from Treachery (Art. 14[16] RPC)

16. Treachery (alevosia) (Art. 14[16] RPC)

a.
b.
c.

Meaning of Treacherywhen 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.
Is this applicable to the crime of rape?
Is this applicable to the crime of robbery with homicide?

People v. Delpino, G.R.No.171453, June 18, 2009

People v. Cuasay, G.R.No.180512, October 17, 2008
17. Ignominy (Art.14 [17] RPC)
Is it aggravating if the ignominious acts were done after the victims death?
People v. Regalario, G.R.No.174483, March 31, 2009
18. Unlawful Entry (Art. 14[18] RPC)
Meaning of unlawful entryEntry by a way not intended for the purpose.
19. Breaking of Wall, Roof, Floor, Door, or Window (Art.14[19] RPC)
20. Aid of Minors less than 15 years of age; By means of motor vehicles, airships, or other similar means (Art. 14[20] RPC)
21. Cruelty (Art. 14[21] RPC)
a. Distinguish from Ignominy.
b. Is it aggravating if the cruel acts were done after the victims death?
V. ALTERNATIVE CIRCUMSTANCES
A.

Concept of Alternative Circumstances (Art.15 RPC)

Alternative circumstances are those which must be taken into consideration as aggravating or mitigating according to the 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.

B.

Alternative Circumstances:
1. Relationshiptaken into consideration when the offended party is the spouse, ascendant, descendant, legitimate, natural, or adopted
brother or sister, or relative by affinity in the same degrees of the offender.
People v. Abello, G.R.No.151952, March 25, 2009
People v. Ceballos, G.R. No. 169642, September 14, 2007

2.

Intoxication

3.

Degree of Instruction/Education