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JUSTIFYING EXEMPTING MITIGATING AGGRAVATING ALTERNATIVE

NO WRONG THERE IS A THERE IS A THERE IS A THERE IS A


WRONG FELONY FELONY FELONY
No criminal No criminal Decreased increased criminal Increased or
liability liability criminal liability liability decreased
criminal liability
No civil liability With civil liability With civil liability With civil liability With civil liability
Except: Except :
State of necessity Accident (par.4);
(par.4) Insuperable cause
(par.7)

Justifying Circumstances – those where the act of a person is said to be in accordance with law, so that
such person is deemed not to have transgressed the law and is free from both criminal and civil liability.
There is no civil liability except in par. 4, Art. 11,

 The burden of proof rests on the accused, who must prove the circumstance by clear and convincing
evidence.

 There is NO crime committed, the act being justified. Thus, such persons cannot be considered criminals.

SIX Justifying Circumstances: (3) Lack of sufficient provocation on the part of the
person defending himself.
(1) Self defense
 If there is unlawful aggression but one of the other
(2) Defense of relatives
requisites is lacking, it is considered an incomplete
(3) Defense of strangers self-defense, which is a mitigating circumstance.

(4) Avoidance of a greater evil  The first two elements also apply to defense of
relative and defense of stranger.
(5) Fulfillment of duty
People v. Alconga, et al. (1947):
(6) Obedience to an order issued for
Held: In the initial stage of the fight, the accused was
some lawful purpose.
acting in self-defense. However, when he chose to
run after the deceased, he was no longer acting in
self-defense for there was no more aggression to
Par.1 Anyone who acts in defense of his persons or defend against and he could have chosen to stay
rights, provided the ff circumstances concur: where he was. The unlawful aggression had already
Requisites of Self defense: ceased and therefore, his right to self-defense had
ceased as well.
(1) Unlawful aggression (coming fr the victim)

(2) Reasonable necessity of means employed to


prevent or repel it. Unlawful aggression in defense of
1.Defense of right to chastity –attempt to rape a Olbinar vs CA Husband was unarmed. Two men
woman are boxing and kicking him. Wife got a bolo and
tried to defend spouse. Held: she felt the
compelling urgency to stop the assault on her
People v. Dela Cruz (1935): Accused Dela Cruz was husband. w/o any weapon, she was no match for
found guilty of homicide for stabbing and killing either of the assailants.
Rivera. Held: She is justified in using the pocketknife
Elements:
in repelling what she believed to be an attack upon
her honor. It was a dark night and she could not have (1) Unlawful aggression
identified Rivera. There being no other means of self- (2) Reasonable necessity of means employed to
defense. prevent or repel it
(3) Lack of suffcient provocation on part of
People v. Jaurigue (1946): Avelina and Amado were
relative, or, in case of provocation, the one
in Church. Amado sat beside Avelina and placed his
making the defense had no part therein
hand on her thigh. Thereafter, Avelina took out her
knife and stabbed Amado in the neck, causing the Par. 3. Defense of Strangers Elements:
death of Amado. Held: Although the defense of one’s
(1) Unlawful aggression;
honor exempts one from criminal liability, it must be
proved that there is actual danger of being raped. In (2) Reasonable necessity of the means employed
this case, 1) the church was well-lit, 2) there were to prevent or repel it;
several people in the church, including the father of
the accused and other town officials. In light of these (3) The person defending was not induced by
circumstances, accused could not have possibly been revenge, resentment or other evil motive.
raped. The means employed in defense of her honor Note: Motive is relevant only in this kind of defense.
was evidently excessive.
Stranger – any person not included in the
enumeration of relatives under [par. 2 of Art. 11]
2.Defense of property -can be invoked only when it Par. 4. Avoidance of a Greater Evil
is coupled w/ an attack on the person of once
entrusted w/ said property. Elements:

Par. 2. Defense of Relatives (1) Evil sought to be avoided actually exists

Relatives that can be defended: (2) The evil or injury sought to be avoided must
not have been produced by the one invoking the
1. Spouse justifying circumstances.
2. Ascendants
3. Descendants (3) Injury feared be greater than that done to
4. Legitimate, natural or adopted brothers and avoid it
sisters or relatives by affinity in the same (4) There is no other practical & less harmful
degrees. means of preventing it.
5. Relatives by consanguinity w/in the 4th civil
degree

Ex: battered wife syndrome Example of par.4 :


Man driving alonga narrow road w/ due diligence cumulative abuse. Battered Woman Syndrome
and care when suddenly a truck was in front of as a Defense. – Victim-survivors who are found
his car. If he swerve to the left he would fall into by the courts to be suffering from battered
a cliff, or kill a passerby if he swerve to the right. woman syndrome do not incur any criminal and
civil liability notwithstanding the absence of any
Par. 5. Fulfillment of Duty or Lawful Exercise of
of the elements for justifying circumstances of
Right or Office
selfdefense under the Revised Penal Code.
Elements:
(1) First Phase: Tension Building Phase  Where
(1) Offender acted in performance of duty or in minor battering occurs, it could be a verbal
the lawful exercise of a right or office; or slight physical abuse or another form of
hostile behavior.  The woman tries to pacify
(2) That the injury caused or the offense
the batterer through a show of kind,
committed be the necessary consequence of the
nurturing behavior, or by simply staying out
due performance of duty or the lawful exercise
of the way.  But this proves to be
of such right or office.
unsuccessful as it only gives the batterer the
Par. 6. Obedience to an order issued for some notion that he has the right to abuse her.
lawful purpose (2) Second Phase: Acute Battering Incident

Elements:  Characterized by brutality, destructiveness,


and sometimes death.  The battered woman
(1) Order must have been issued by a superior
has no control; only the batterer can stop the
(2) The order is for some lawful purpose
violence.  The battered woman realizes that she
(3) The means used to carry it out must be lawful cannot reason with him and resistance would
only worsen her condition.
People vs Oanis police are ordered to arrest
criminal -dead or alive. Lack of diligence or due (3) Third Phase: Tranquil Period
care in executing the order. Means to carry out
 Characterized by guilt on the part of the
order was not lawful.
batterer and forgiveness on the part of the
woman.  The batterer may show a tender and
nurturing behavior towards his partner and the
ANTI-VIOLENCE AGAINST WOMEN AND THEIR
woman also tries to convince herself that the
CHILDREN ACT OF 2004 (RA 9262) Battery – any
battery will never happen again and that her
act of inflicting physical harm upon the woman
partner will change for the better.
or her child resulting in physical and
psychological or emotional distress. Battered Four Characteristics of the Syndrome: (1) The
Woman - Woman “who is repeatedly subjected woman believes that the violence was her fault; (2)
to any forceful physical or psychological behavior She has an inability to place the responsibility for the
by a man in order to coerce her to do something violence elsewhere; (3) She fears for her life and/or
he wants her to do without concern for her her children’s life (4) She has an irrational belief that
rights.” the abuser is omnipresent and omniscient.

Battered Woman Syndrome- refers to a Note: For the BWS to be available as a defense,
scientifically defined pattern of psychological it must be proven that there has been more than
and behavioral symptoms found in women living one cycle. [People v. Genosa (2004)]
in battering relationships as a result of
Article 75 Increasing or reducing the penalty of A, a minor 15 yrs old committed acts
fine by one or more degrees. tending to prevent the meeting of
provincial board. The penalty is prission
 Penalty shall be increased or reduced,
correctional or a fine from P200 to
for each degrees by ¼ of the maximum
P2000. Being a minor, A must be given a
amount prescribed by law w/o changing
penalty one degree lower in accordance
the minimum.
w/ Art.68
 The same rules shall be observed w/ The penalty one degree lower is
regard to fines that do not consist of a aresto mayor fine: from P200 to P1500
fixed amount, but are made
proportional. Crime :Damage to property of another
 Fines are graduated into degrees for the Value of 3x the damage
accomplices and accessories and for the
principals in frustrated and attempted Ex. Direct bribery involving the amount
felonies. of P2300 and the max is P6900
 Examples Attempted bribery- P2300-P3450
REDUCING FINE BY ONE OR TWO
DEGREES: Art. 77 When the penalty is a complex
FINE : from P200 to P2000 one composed of three distinct
¼ of 2000 = 500 penalties. Each one shall form a period:
The lightest shall be the minimum, the
One degree lower 2000-500=1500 next the medium, and the most severe
P200 as minimum to P1500 as maximum the maximum period.

Two Degrees lower 1500-500=1000 Complex penalty-penalty prescribed by


P200 as minimum to P1000 as maximum law composed of 3 distinct penalties,
each one shall form a period.
INCREASING FINE BY ONE OR TWO
DEGREES: Example : reclusion temporal to death
A certain crime is punished w/ a fine not
Maximum: death
less than P200 and not more than P6000
Medium : reclusion perpetua
¼ of 6000 =1500
Minimum: reclusion temporal

6000+1500=7500 Example art.114: prission mayor to death

Maximum : death
The fine immediately higher in degree
Medium : reclusion perpetua
will be P200 to P7500
Minimum : prission mayor and reclusion
temporal
Ex. Consummated offense- the max. fine
is not more than P2000 Ex. Article 294 : reclusion temporal to reclusion
Fine for frustrated felony is P1500 perpetua
Fine for Attempted felony is P1000
Max: reclusion temporal
Medium: reclusion temporal
Min. : reclusion temporal