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Article 12
Exempting circumstance:
a. Imbecility/ Insanity
b. Minority (RA 9344)
c. Accident
d. Compulsion of irresistible force
e. Impulse of uncontrollable fear
f. Insuperable or lawful cause
JUSTIFYING EXEMPTING
The act is legal, within the bounds of law. The act is criminal.
There is no crime, hence no criminal. There is a crime and a criminal.
Since there is no crime, there is no criminal and no civil Since there is a crime, there is a criminal (but
liability. exempt from criminal liability) and there is civil
liability.
The emphasis of the law is on the act The emphasis of the law is on the actor
INSANITY
1. What is insanity?
2. What is the rule when insanity is interpose as defense?
3. What is the rule when insanity or imbecile who has committed a felony?
4. What are the tests or criterion for insanity?
5. What is schizophrenia? How does it affect criminal liability?
6. What is required for imbecility to be accepted as defense?
MINORITY
ACCIDENT
IRRESISTIBLE FORCE
UNCONTROLLABLE FEAR
INSUPERABLE CAUSE