F.

Other factors that affect criminal liability trap and catch the the commission of the
criminal. crime by the latter.
1.) Absolutory Causes (Circumstance) – those where
the act committed is a crime but for reasons of public Not a bar to the The accused must be
policy and prosecution and acquitted.
sentiment, there is no penalty imposed. conviction of the
lawbreaker.
These are defenses which have the same effects as the
exempting circumstances but they are not among those
enumerated in Article 12. They are found in certain Concluding Remarks:
Articles of the Revised Penal Code or are developed by Entrapment
jurisprudence.
1. The practice of entrapping persons into crime for the
1. They are based on public policy purpose of instituting criminal prosecutions
2. It is a scheme or technique ensuring the
2. Examples of those in the RPC include: non-liability apprehension of the criminals by being in the actual
for an attempted felony due to voluntary desistance; crime scene.
3. The law officers shall not be guilty to the crime if he
Death/Physical Injuries Under Exceptional have done the following:
Circumstances a. He does not induce a person to commit a crime for
personal gain or is not involved in the planning of
3. Those recognized and developed by jurisprudence the crime.
include: mistake of fact, set-up/frame up, instigation b. Does take the necessary steps to seize the
instrument of the crime and to arrest the
offenders before he obtained the profits in mind.
ENTRAPMENT AND INSTIGATION
Instigation: This is the involvement of a law officer in the
ENTRAPMENT INSTIGATION crime itself in the following manners:

Ways and means are The instigator practically
resorted to for the induces the would-be
purpose of trapping and accused into the
capturing the commission of the offense
lawbreaker in the and himself becomes a co-
execution of his criminal principal.
plan
The means originate The law enforcer
from the mind of the conceives the commission
criminal. of the crime and suggests
to the accused who
adopts the idea and
carries it into execution.
A person has planned or A public officer or a
is about to commit a private detective induces
crime and ways and an innocent person to
means are resorted to commit a crime and would
by a public officer to arrest him upon or after
a. He induces a person to commit a crime for personal
gain
b. Doesn’t take the necessary steps to seize the
instrument of the crime & to arrest the offenders
before he obtained the profits in mind.
c. He obtained the profits in mind even through
afterwards does take the necessary steps seize the
instrument of the crime and to arrest the offenders.
a. ABSOLUTORY CAUSES
Art. 6(3). - There is an attempt when the offender
commences the commission of a felony directly or over
acts, and does not perform all the acts of execution
which should produce the felony by reason of some
cause or accident other than this own spontaneous
desistance.
 Art. 7. - When light felonies are punishable. — Light
felonies are punishable only when they have been
consummated, with the exception of those committed
against person or property.
Art. 16. Who are criminally liable. — The following
are criminally liable for grave and less grave felonies:
1. Principals.
2. Accomplices.
3. Accessories. The following are criminally liable for
light felonies:
1. Principals
2. Accomplices.
Art. 19. Accessories. — Accessories are those who,
having knowledge of the commission of the crime, and
without having participated therein, either as principals
or accomplices, take part subsequent to its commission
in any of the following manners: 1. By profiting
themselves or assisting the offender to profit by the
effects of the crime.
2. By concealing or destroying the body of the crime,
or the effects or instruments thereof, in order to prevent
its discovery.
3. By harboring, concealing, or assisting in the escape
of the principals of the crime, provided the accessory
acts with abuse of his public functions or whenever the
author of the crime is guilty of treason, parricide,
murder, or an attempt to take the life of the Chief
Executive, or is known to be habitually guilty of some
other crime.
Art. 20. Accessories who are exempt from criminal
liability. — The penalties prescribed for accessories shall
not be imposed upon those who are such with respect to
their spouses, ascendants, descendants, legitimate,
natural, and adopted brothers and sisters, or relatives by
affinity within the same degrees, with the single
exception of accessories falling within the provisions of
paragraph 1 of the next preceding article.
Art. 124. Arbitrary detention. — Any public officer or
employee who, without legal grounds, detains a person,
shall suffer;
1. The penalty of arresto mayor in its maximum
period to prision correccional in its minimum period, if
the detention has not exceeded three days;
2. The penalty of prision correccional in its medium
and maximum periods, if the detention has continued
more than three but not more than fifteen days;
3. The penalty of prision mayor, if the detention has
continued for more than fifteen days but not more than
six months; and
4. That of reclusion temporal, if the detention shall
have exceeded six months.
The commission of a crime, or violent insanity or any
other ailment requiring the compulsory confinement of
the patient in a hospital, shall be considered legal
grounds for the detention of any person.
Art. 247. Death or physical injuries inflicted under
exceptional circumstances. — Any legally married
person who having surprised his spouse in the act of
committing sexual intercourse with another person, shall
kill any of them or both of them in the act or immediately
thereafter, or shall inflict upon them any serious physical
injury, shall suffer the penalty of destierro.
If he shall inflict upon them physical injuries of
any other kind, he shall be exempt from punishment.
These rules shall be applicable, under the same
circumstances, to parents with respect to their
daughters under eighteen years of age, and their
seducer, while the daughters are living with their
parents.
Any person who shall promote or facilitate the
prostitution of his wife or daughter, or shall otherwise
have consented to the infidelity of the other spouse shall
not be entitled to the benefits of this article.
Art. 332. Persons exempt from criminal liability. —
No criminal, but only civil liability, shall result from the
commission of the crime of theft, swindling or malicious
mischief committed or caused mutually by the following
persons:
1. Spouses, ascendants and descendants, or relatives
by affinity in the same line.
2. The widowed spouse with respect to the property
which belonged to the deceased spouse before the same
shall have passed into the possession of another; and
3. Brothers and sisters and brothers-in-law and
sisters-in-law, if living together. The exemption
established by this article shall not be applicable to
strangers participating in the commission of the crime.
2.) Extenuating Circumstances- .Those which have the
same effect as mitigating circumstances but are not
among those enumerated in Article 13 but are provided
for in certain articles of the RPC and apply only to certain
felonies. They are called “Special Mitigating
Circumstances”.

1. Examples: Abandonment in case of adultery;

Release of the victim within 3 days with the purpose
not attained, in the felony of Slight Illegal Detention

Art. 255. - Infanticide. — The penalty provided for

parricide in Article 246 and for murder in Article 248 shall
be imposed upon any person who shall kill any child less
than three days of age.

If the crime penalized in this article be committed by

the mother of the child for the purpose of concealing her
dishonor, she shall suffer the penalty of prision
correccional in its medium and maximum periods, and if
said crime be committed for the same purpose by the
maternal grandparents or either of them, the penalty
shall be prision mayor.

Art 333 (3). If the person guilty of adultery

committed this offense while being abandoned without
justification by the offended spouse, the penalty next
lower in degree than that provided in the next preceding
paragraph shall be imposed.