Requisites (11, 12, 13, 14)

Justifying (no civil liability except 4)

1 Self-defense
Unlawful aggression
Reasonable necessity of the means employed to prevent or repel it
Lack of sufficient provocation on the part of the person defending himself
2 Defense of relatives
Unlawful aggression
Reasonable necessity of the means employed to prevent or repel it
In case the provocation was given by the person attacked, that one making
defense had no part therein.
3 Defense of Stranger
Unlawful aggression
Reasonable necessity of the means employed to prevent or repel it
Third requisite to defense of a stranger, the person defending be not induced
by Revenge, Resentment or any other Evil motive
4 Avoidance of greater evil
Evil sought to be avoided actually exist
Injury feared be greater than that done to avoid it
There be no other practical and less harmful means of preventing it
The accused must not have contributed to the arisal of the evil
5 Fulfillment of duty
Accused acted in the performance of a duty or lawful exercise of right or office
Injury caused or offense committed be the necessary consequence of the due
performance of duty or the lawful exercise of such right or office
6 Obedience to an order issued for some lawful purpose
An order has been issued by a superior
Such order must be for some lawful purpose
Means used by the subordinate to carry out said order is lawful
Exempting(there is civil liabilty except 4 and 7)
1 An imbecile or an insane person, unless the latter has acted during a lucid interval
2 A child fifteen years of age or under is conclusively presumed to be criminally
irresponsible therefore exempt from criminal liability
3 A person over fifteen and under eighteen is exempt from criminal liability , unless
he acted with discernment
4 Accident without fault or intention of causing it
A person is performing a lawful act
With due care
He causes injury to another by mere accident
Without fault or intention of causing it
5 Compulsion of irresistible force
Compulsion is by means of physical force
Physical force must be irresistible
Physical force must come from a third person

6 Uncontrollable fear
Elements
Threat, which causes fear, is of greater than or at least equal to that which he
is required to commit
It promises an evil of such gravity and imminence that the ordinary man would
succumbed to it
Requisites
Existence of an uncontrollable fear
The uncontrollable fear must be real and imminent
The fear of injury is greater or at least equal to that committed
7 Prevented by some lawful or insuperable causes
An act is required by law to be done
A person fails to perform such act
Failure to perform such act was due to some lawful or insuperable cause
Mitigating
1 Incomplete justifying or exempting circumstance
Art. 11(1-6), Art. 12(3,4,6)
If majority of the requisites are present including the essential requisite(I.e
Unlawful aggression) Privileged mitigating
If only the essential requisite or less than the majority of the requisites are
present including the essential requisite Ordinary mitigating
2 Under 18 or over 70 years old
15-18 years old always privileged mitigating
70 years old Only ordinary mitigating. It is Privileged when the penalty
involved is death. No Imposition of death penalty and when execution of death
sentence is already imposed it is suspended and commuted
4 Sufficient threat or provocation
Provocation must be sufficient
It must originate from offended party
It must be immediate to the act
5 Vindication of a grave offense
Grave offense has been done to the one committing the felony, his spouse,
ascendants, descendants, legitimate, natural or adopted brothers or sisters, or
relatives by affinity within the same degree
Felony is committed in vindication of such grave offense
6 Passion or obfuscation
That there is an act, both unlawful and sufficient to produce such a condition of
mind
That the said act produced the obfuscation was not far removed from the
commission of the crime by a considerable length of time, during which the
perpetrator might recover his natural equanimity
7 Voluntary surrender
Offender had not been actually arrested
Surrender was made to a person in authority or agent
Surrender was voluntary
Confession of guilt
Offender voluntarily confessed his guilt

It was made in open court

It was made prior to the presentation of evidence for the prosecution
8 Physical Defect
The physical defect that a person must have a relation to the commission of
the crime
9 Illness of the offender
Illness of the offender must diminish the exercise of will power
Such illness should not deprive the offender the consciousness of his acts
10 Similar or analogous circumstances
Aggravating
1. Advantage taken of public position
The offender is a public officer
He must have abused his public position or at least used his public position to
facilitate the commission of the crime
2. Contempt or insult to public authorities
Public authority is engaged in the exercise of his functions
Such public authority is not the person against whom the crime is committed
Offender knows him to be a public authority
His presence has not prevented the offender from committing the crime
3. Disregard of rank, age, sex, or dwelling of the offended party
Rank, Age, and Sex
1. With insult or in disregard of the respect due to the offended party on
account of his:
Rank, Age, Sex
Dwelling of the offended party
That it be committed in the dwelling of the offended party, if the latter has
not given sufficient provocation.
4. Abuse of confidence
Offended party had trusted the offender
Offender abused such trust by committing a crime against offended party
Abuse of confidence facilitated the commission of the crime
Obvious ungratefulness
Offended party had trusted the offender
Offender abused such trust by committing a crime against offended party
The act committed with obvious ungratefulness
5. Palace and places of commission of offense
The crime be committed:
1. In the palace of the Chief Executive; or
2. In his presence; or
3. Where public authorities are engaged in the discharge of their duties; or
4. In a place dedicated to religious worship.
6. Nighttime, uninhabited place or band
It facilitated the commission of the crime
It especially sought for by the offender to ensure the commission of the crime
or for the purpose of impunity
The offender took advantage thereof for the purpose of impunity

7. On occasion of calamity or misfortune

8. Aid of armed men, etc
Armed men or person took part in the commission of the crime, directly or
indirectly
Accused availed himself of their aid or relied upon them when the crime was
committed
9. Recidivist(can be offset by mitigating)
Offender is on trial for one crime
Previously convicted by final judgment of another crime
Both the 1st and 2nd offenses are embraced in the same title of the RPC
Offender is convicted of the new offense
10. Reiteracion
Accused is not trial for an offense
He previously SERVED Greater than or Equal; or two or more crimes with lighter
penalty
He is convicted with the new offense
Habituality (may not be offset by any mitigating)
Within a period of 10years from the date of his release or last conviction
Of the crimes falsification, robbery, estafa, theft, serious or less serious
physical injuries
Found guilty of said crimes a third time or oftener
Quasi-recidivism (may not be offset by ordinary mitigating)
Offender was already convicted by final judgment of one offense
Committed new felony before beginning to serve such sentence or while
serving the same
11. Price, reward, or promise
There are two principals; by inducement and by direct participation
The price, reward, or promise should be previous to and in consideration of the
commission of the criminal act
12. By means of inundation, fire, etc.
13. Evident premeditation
Time when offender determined to commit the crime
Act manifestly indicating that he has clung to its determination
Sufficient lapse of time between the determination and execution, to allow him
to reflect upon the consequences of his act and to allow his conscience to
overcome the resolution of his will
14. Craft, fraud or disguise
15. Superior strength or means to weaken the defense
16. Treachery
At the time of the attack, victim was not in the position to defend himself
Offender consciously adopted the particular means, method or form of attack
employed by him
17. Ignominy
Crime must be against Chastity, less serious physical injuries,
light or grave coercion, murder
The circumstance made the crime more
humiliating and shameful for the victim
18. Unlawful entry
19. Breaking wall

A wall, roof, window, or door was broken

They were broken to effect entrance
20. Aid of minor or by means of motor vehicle or other similar means
21. Cruelty
Injury caused be deliberately increased by causing other wrong
The other wrong be unnecessary for the execution of the purpose of the
offender