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Bill of Attainder- Inflicts punishment without trial

Criminal Law- branch of municipal law which defines crimes, treats of their
2. No person shall be held to answer for a criminal offense
nature, and provides for their punishment
without due process of law
Municipal Law- national, domestic, or internal law of a sovereign (a) Procedural - right to be notified, heard,
state (as opposed to international law) and includes national, state, present evidence
provincial (written by the sanguniang panglungsod), territorial, (b) Substantive - with regards to the reasonableness of the
regional, local laws. law (law must be clear for common man to understand;
punishment should fit the crime)
Crime- act committed or omitted in violation of public law forbidding
commanding it
Characteristics of Criminal Law
Sources of PH Criminal Law
I. GENERAL: Criminal Law is binding on all persons who live
1. The Revised Penal Code and its amendments or sojourn in Philippine Territory
2. Special Penal Laws - Jurisdiction of civil courts is not affected by military character of the
3. Penal Presidential Decrees accused
- Civil courts have concurrent jurisdiction with general courts martial
Common Law- body of legal rules that have been made by judges as they
over soldiers of the AFP (murder and malversation)
issue rulings on cases
- The RPC is not applicable when a military court takes cognizance
Civil Law- codified laws, enacted by congress of the case (Articles of War apply) if not service connected
- The prosecution of an accused before a court-martial is a bar to
- Court decisions are not sources of criminal law because they merely another prosecution for the same offense
apply the laws made by the legislative branch - Offenders accused of war crimes are triable by military commission
- The state has the authority to define, punish crimes and to lay down
the rules of criminal procedures (Right of prosecution and

Limitations of Legislative branch

1. No ex post facto law or Bill of Attainder shall be enacted
Ex post facto law- Principle of Nulla poena sine lege  Treaty or treaty stipulations
(one cannot be punished for doing something that is not o US have the right to exercise jurisdiction over the
prohibited by law) and Principle of or Nullum following offenses: (a) offense committed within any base
crimen sine lege (No crime without law) except if both offenders are Filipino citizens; (b) offense
- To give a law retroactive application to the prejudice of the committed outside the base if both parties are from US
accused is to make it an ex post facto law
forces; and (c) offense committed outside the base by a 4. While being public officers or employees, should commit an offense
member of the US forces against the security of the US in the exercise of their functions
o The Philippines agreed that: (a) US forces shall have the 5. Should commit any crimes against national security and the law of
right to exercise all criminal and disciplinary jurisdiction the nations
conferred on them by the military law of the US; (b) US
authorities exercise exclusive jurisdiction over US III. PROSPECTIVE: A penal law cannot make an act punishable
in a manner in which it was not punishable when committed
personnel with respect to offenses; (c) right to exercise
jurisdiction over US personnel subject to the military law Exceptions to the prospective application of criminal laws:
relating to: 1) offense against property and security ; 2)
offenses arising out of any act or omission done in - Whenever a new statute dealing with crime establishes conditions
performance of official duty more lenient or favorable to the accused, it can be given a retroactive
 Law of preferential application
- When the repealing law fails to penalize the offense under the old
o RA 75- Diplomatic representatives and their domestic
law, the accused cannot be convicted under the new law
- But this exception is not applicable when: (1) Where the new law is
o Persons exempt from the operation of our criminal laws by
expressly made inapplicable to pending actions or existing cause of
virtue of the principles of public international law: 1)
action; (2) Where the offender is a habitual criminal
Sovereigns and other chief of states; 2) Ambassadors,
ministers plenipotentiary, ministers resident, and charges
d’ affaires
o Consuls, vice-consuls and other commercial 1. Habitual Criminal- Within a period of 10 years from the
representatives of foreign nations do not possess the statues date of his release or last conviction of the crimes of serious
of ambassadors or less serious physical injuries, robbery, theft, estafa, or
falsification, he is found guilty of any said crimes a third
timer or oftener
II. TERRITORIAL: Criminal Laws undertake to punish crimes Construction of Penal Laws
committed within Philippine territory
- Penal Laws of the Philippines are enforceable only within its 1. Penal laws are strictly construed against the government and
territory: Philippine Archipelago including its interior waters and liberally in favor of the accused. The rule that penal statutes should
maritime zones (terrestrial, aerial, & fluvial) be strictly construed against the government may be invoked only
where the law is ambiguous and there is doubt as to its interpretation
Exceptions: a. Penal laws are construed against the state because of the
inequality; to avoid abuse of power by the government
1. Should commit an offense while on a Philippine Ship or airship
b. For reasons of due process
2. Should forge or counterfeit any coin or currency not of the PH or
c. Equipoise Doctrine- Prosecution has the burden of proving
obligations and securities issued by the government
the liability; there is a presumption of innocence—The rule
3. Should be liable for acts connected with the introduction into the PH
which states that when the evidence of the prosecution and
of the acts in number 2
the defense are so evenly balanced, the appreciation of and individual investigation conducted by competent body
such evidence calls for the tilting of the scales in favor of of psychiatrists and social scientists
the accused  Basis of criminal liability is the sum of social and economic
2. Spanish text is controlling phenomena to which he was exposed
 Ex. Good Conduct and Parole

ARTICLE 2. Application of Its Provisions. — Except as provided in the

treaties and laws of preferential application, the provisions of this Code
shall be enforced not only within the Philippine Archipelago, including
its atmosphere, its interior waters and maritime zone, but also outside of
ARTICLE 1. Time When Act Takes Effect. — This Code shall take effect its jurisdiction, against those who:
on the first day of January, nineteen hundred and thirty-two.
1. Should commit an offense while on a Philippine ship or
Theories in Criminal Law airship;
1. Classical Theory 2. Should forge or counterfeit any coin or currency note of the
a. Basis of criminal liability is human free will and the Philippine Islands or obligations and securities issued by the
purpose of the penalty is retribution Government of the Philippine Islands;
b. Man is essentially a moral creature with an absolutely free
will to choose between good and evil, thereby placing more 3. Should be liable for acts connected with the introduction into
stress upon the effect or result of the felonious act upon the these islands of the obligations and securities mentioned in the
man preceding number;
c. Endeavored to establish a mechanical and direct proportion
4. While being public officers or employees, should commit an
between crime and penalty
offense in the exercise of their functions; or
d. There is a lacking regard to the human element
2. Positivist Theory 5. Should commit any of the crimes against national security and
a. Man is subdued occasionally by a strange and morbid the law of nations, defined in Title One of Book Two of this
phenomenon which constrains him to do wrong, in spite of Code.
contrary to his volition
b. Crime is essentially a social and natural phenomenon, it - Merchant ships are extensions of our territory meaning we cannot trial
cannot be treated and checked by the application of abstract foreign merchant ships
principles of law and jurisprudence nor by the imposition
English Rule- Such crimes are triable in that country unless they
of punishment, but rather by the enforcement of individual
merely affect things within the vessel or they refer to the internal
measures in each particular case, after a thorough, personal
management thereof (PH observes this rule)
French Rule- Such crimes are not triable in the courts of that
country, unless their commission affects the peace and security of
the territory or the safety of the state is endangered Classification of Felonies

1. Intentional Felonies- Offender is malicious/has the intention to

 Disorders which only disturbs the peace of the ship are to be
cause injury to another
dealt with by the sovereignty of the home of the ship
 Dolus- equivalent to malice/the intent to do an injury to another
 Crimes not involving a breach of public order committed on
board a foreign merchant vessel in transit, not triable by our  Performed with deliberate intent
courts 2. Culpable Felonies- Offender is not malicious/unintentional, it
being simply the incident of another act performed without malice
 Warships are always reputed to be the territory of the country
to which they belong to  Culpa- performed without malice

ARTICLE 3. Definition. — Acts and omissions punishable by law are Imprudence- Deficiency of action/Lack of skill; person fails to take the
felonies (delitos). necessary precaution to avoid injury to person or damage to property

Felonies are committed not only by means of deceit (dolo) but also by Negligence- Deficiency of perception/Lack of foresight; person fails to pay
means of fault (culpa). proper attention and to use due diligence in foreseeing the injury or damage

There is deceit when the act is performed with deliberate intent; and - The act or omission must be voluntary and punishable by law to
there is fault when the wrongful act results from imprudence, negligence, constitute a felony. Reasons:
lack of foresight, or lack of skill. 1. The RPC is based on the Classical Theory to which the
basis of criminal liability is free will
Felonies- acts and omissions punishable by the RPC 2. Man is a rational being
3. Felonies by dolo and culpa are both voluntary
Elements of Felonies
Requisites of dolo or malice
1. Must be an act or omission
2. Must be punishable by the RPC 1. Freedom
3. Act or omission incurred by means of dolo or culpa 2. Intelligence
3. Intent
Act- Any bodily movement tending to produce some effect in the external - A voluntary act is free, intelligent and intentional act
world; An external act which has direct connection with the felony intended
to be committed. Only external acts are punishable. Intent presupposes the exercise of freedom and use of intelligence- One who
acts without freedom or without intelligence has no such intent
Omission- inaction, the failure to perform a positive duty which one is bound
to do. There must be a law requiring the doing or performance of an act The existence of intent is shown by the overt acts of a person

“Nullum crimen, nulla poena sine lege”- There is no crime where Criminal intent is presumed from the commission of an unlawful act-
there is no law punishing it Criminal intent and the will to commit a crime are always presumed to exist
on the part of the person who executes an act which the law punishes, unless
the contrary shall appear
“Actus non facit reum, nisi mens sit rea”-A crime is not committed When the accused is charged with intentional felony, absence of criminal
if the mind of the person performing the act complained to be intent is a defense—In the absence of criminal intent, there is no liability for
innocent; An act does not make a defendant guilty without a guilty intentional felony. All reasonable doubt intended to demonstrate error, and
mind not crime, should be indulged in for the benefit of the accused.

“Ignoranti legis non excusat”- Ignorance of the law excuses no one Criminal intent is replaced by negligence and imprudence in felonies
from complisnce therewith committed by means of culpa

“Ignorantiaa facti ecusat”- Ignorance or mistake of fact relieves Requisites for an act to be considered to be voluntary:
the accused from criminal liability
 He must have FREEDOM while doing an act or omitting to do an
Requisites of Mistake of fact as a defense act;
 He must have INTELLIGENCE while doing the act or omitting to
1. Act done would have been lawful had the facts been as the accused
do the act
believed them to be
2. Intention of the accused in performing the act should be lawful
SKILL while doing the act or omitting to do the act
3. The mistake must be without fault or carelessness in the part of the
accused In culpable felonies, the injury caused to another should be unintentional, it
 Lack of intent to commit a crime may be inferred from the belongs simply the incident of another act performed without malice.
facts of the case
 Lack of intent to kill the deceased, because his intention Mistake in the identity of the intended victim is not reckless imprudence—A
was to kill another, does not relieve the accused from the deliberate intent to do an unlawful act is essentially inconsistent with the idea
criminal responsibility of reckless imprudence; since the unlawful act is willfully done
 There is no crime od resistance when there is a mistake of A person causing damage or injury to another, without malice or fault, is not
fact criminally liable under the RPC—If there is neither malice nor negligence,
 When the accused is negligent, mistake of fact is not a on the part of the person causing damage, he is not criminally liable
Three classes of crimes:
“Actus me invito factus non est meus actus”- An act done by me
against my will is not my act 1. Intentional Felonies
2. Culpable Felonies
Criminal Intent is necessary in felonies committed by means of dolo 3. Crimes defined and penalized by special laws—Intent is not
necessary to commit the crime. It is sufficient that the offender has
 General Intent- Defendant knows substantial certainty that certain
the intent to perpetrate the act prohibited by the special law freely
consequences will occur and those consequences occur; third
and consciously.
element of voluntariness
 Reason: The effect of the act is much important than the
 Specific Intent- Intention to cause certain consequences and those
intent that the actor has
consequences occur; proof is required
Mala in se (wrongful in nature)—Serious in their effect on society as to call “Committing a felony”—If the act is not punishable by the RPC, it is not a
for unanimous condemnation of its members felony. But the felony committed by the offender should be one committed
by means of dolo
- Intent governs
- Felonies defined and penalized by the RPC; inherently immoral, - When a person has not committed a felony, he is not criminally
even if punishable by special laws liable for the result which is not intended

Mala Prohibita (wrongful merely because prohibited by statute)—Violations “Although the wrongful act done be different from that which he
of mere rules of convenience designed to secure amore orderly regulation of intended”—A person still criminally liable even if
affairs of society
1. Mistake of Identity of victim Error in Personae
- The only inquiry is, has the law been violated? 2. Mistake in the blow Aberratio ictus
- Acts made criminal by special laws 3. Act exceeds the intent Praeter intentionem

Motive—moving power which impels one to action for a definite result. Any person who creates in another’s mind an immediate sense of danger,
Intent is the purpose to use a particular means to affect such results. which causes the latter to do something resulting in the latter’s injuries, is
liable for the resulting injuries
- Motive need not to be proven for purposes of conviction
- Motive is established by the testimony of the witness on the acts or Wrong done must be the direct, natural and logical consequence of felonious
statements of the accused before or immediately after the act
commission of the offense
- Lack of motive may be an aid in showing the innocence of the - Act was efficient cause of death, accelerated death, and was the
accused proximate cause of death

ARTICLE 4. Criminal Liability. — Criminal liability shall be incurred: Felony is not the proximate cause of the resulting injury when:

1. By any person committing a felony (delito) although the wrongful act Proximate Cause—that cause, which, in natural and continuous
done be different from that which he intended. sequence, unbroken by any efficient intervening cause, produces the
injury, and without which, the result would have not occurred.
2. By any person performing an act which would be an offense against
persons or property, were it not for the inherent impossibility of its 1. There is an active force that intervened between the felony
accomplishment or on account of the employment of inadequate or committed and the resulting injury, and the active force is a distinct
ineffectual means. act of fact absolutely foreign from the felonious act of the accused
2. Resulting injury was due to the intentional act of the victim
One who commits an intentional felony is responsible for all the
consequences which may naturally and logically result therefrom, whether Death is presumed to be the natural consequences when:
foreseen or intended or not—He is responsible for all the consequences of 1. The victim, at the time the physical injuries were inflicted, was in
said act, regardless of his intention. normal health
2. Death may be expected from the physical injuries inflicted
3. That death ensued within a reasonable time
Impossible crimes—indicative of criminal propensity or criminal tendency
on the part of the actor
ARTICLE 5. Duty of the Court in Connection with Acts Which Should
Requisites of Impossible crime: Be Repressed but Which are Not Covered by the Law, and in Cases of
Excessive Penalties. — Whenever a court has knowledge of any act which
1. The act performed would be an offense against persons or property it may deem proper to repress and which is not punishable by law, it
- Because (1) Commission of offense is inherently shall render the proper decision, and shall report to the Chief Executive,
impossible of accomplishment; (2) means of employment through the Department of Justice, the reasons which induce the court
is either: Inadequate or Ineffectual to believe that said act should be made the subject of penal legislation.
o “Inherent impossibility of its accomplishment”—
The act intended by the offender is by its nature In the same way the court shall submit to the Chief Executive, through
one of the impossible accomplishment. Must be the Department of Justice, such statement as may be deemed proper,
either (1) legal impossibility or; (2) physical without suspending the execution of the sentence, when a strict
impossibility of accomplishing the intended act enforcement of the provisions of this Code would result in the imposition
of a clearly excessive penalty, taking into consideration the degree of
Parricide Robbery malice and the injury caused by the offense.
Murder Brigandage
Homicide Theft
Infanticide Usurpation
Abortion Culpable Solvency “In connection with acts which should be repressed but which are not
Duel Swindling and other deceits covered by law”:
Physical Injuries Chattel Mortgage
1. The act committed by the accused appears not punishable by any
Rape Arson and other crimes involving
2. But the court deems it proper to repress such act
Malicious Mischief
3. In that case, the court must render the proper decision by dismissing
the case and acquitting the accused
2. Act was done with evil intent 4. The judge must make a report to the chief executive, through the
3. Its accomplishment is inherently impossible or that the means Secretary of Justice, stating the reasons which induce him to believe
employed is either inadequate or ineffectual that the said act should be made the subject of penal legislation
4. Act performed should not constitute a violation of another provision
of the RPC Nullum crimen, nulla poena sine lege—there is no crime is there is no law
that punishes the act
Purpose of punishing the impossible crimes: To suppress criminal propensity
or criminal tendencies. Objectively, offender has not committed a felony, but
subjectively, he is criminal

In impossible crime, the act performed should not constitute a violation of

another provision of the Code
“In cases of excessive penalties”

1. The court after trial finds the accused guilty

ATTEMPTED—When the offender commences the commission of a
2. The penalty provided by law and which the court imposes for the felony directly by overt acts, and does not perform all the acts of execution
crime committed appears to be clearly excessive because which should produce the felony by reason of some cause or accident other
a. The accused acted with lesser degree of malice and/or than his own spontaneous desistance
b. There is no injury or the injury caused is of lesser gravity
3. The court should not suspend the execution of the sentence 1. Offender commences the commission of the felony directly by
4. The judge should submit a statement to the Chief Executive, through overt acts
the SOJ, recommending executive clemency—pardon or commute 2. He does not perform all the acts of execution which should
produce the felony
Dura Lex Sed Lex—It is harsh, but it is the law 3. Offender’s act is not stopped by his own spontaneous desistance
4. The non-performance of all acts of execution was due to cause or
accident other than his spontaneous desistance (Desistance should
be made before all acts are executed)
ARTICLE 6. Consummated,, Frustrated, and Attempted Felonies. —
Consummated felonies, as well as those which are frustrated and
Commences the commission of a felony directly by over acts—There are
attempted, are punishable.
external acts that have direct connection with the crime intended to be
A felony is consummated when all the elements necessary for its
execution and accomplishment are present; and it is frustrated when
- The offender never passes the subjective phase of the offense
the offender performs all the acts of execution which would produce the
felony as a consequence but which, nevertheless, do not produce it by
reason of causes independent of the will of the perpetrator. Subjective Phase—That portion of the acts constituting the crime,
starting from the point where the offender begins the commission
of the crime to that point where he has still control over his acts
There is an attempt when the offender commences the commission of a
felony directly by overt acts, and does not perform all the acts of
execution which should produce the felony by reason of some cause or Indeterminate Offense: One where the purpose of the offender in
accident other than his own spontaneous desistance. performing an act is not certain. Its nature in relation to its objective is
Development of Crime
FRUSTRATED—When the offender performs all the acts of execution
which would produce the felony as a consequence, but which, nevertheless,
1. Internal Acts—Mere ideas in the mind of a person
do not produce it by reason of causes independent of the will of the
2. External Acts
a. Preparatory Acts: Ordinarily they are not punishable
except when the law provides for their punishment in
certain felonies 1. Offender performs all the acts of execution
b. Acts by Execution: Punishable under the RPC; 2. All the acts performed would produce the felony as a consequence
Attempted, Frustrated and consummated 3. The felony is not produced
4. By reason of causes independent of the will of the perpetuator b. Crimes consummated by mere attempt or proposal or by
overt act
- It is necessary for the frustration of the same mortal wound be c. Felony by omission
inflicted, because then the wound could produce the felony as a d. Crimes requiring the intervention of two persons to
consequence commit them are consummated by mere argument
- If the crime is not produced because the offender himself e. Material Crimes
prevented its consummation there is no frustrated felony, for the 4 th i. Consummated rape
element is not present ii. Frustrated rape
iii. Attempted rape
iv. Consummated homicide
Frustrated Attempted Impossible crime
v. Frustrated homicide
The evil intent is not accomplished
vi. Attempted homicide
Offender has The offender merely
performed all the acts commences the commission of
of execution a felony but doesn’t perform - No crime of frustrated theft
all the acts
What prevented its accomplishment is the intervention Evil intent cannot be ARTICLE 7. When Light Felonies are Punishable. — Light felonies are
of certain cause or accident which the offender had no accomplished because punishable only when they have been consummated, with the exception
part of it is inherently of those committed against person or property.
Light Felonies—Infractions of the law for the commission of which that
penalty of arresto menor or a fine not exceeding 200, or both is provided

CONSUMMATED—When all the elements for its execution and - Public conscience is satisfied with providing a light penalty for
accomplishment are present their consummation
- The commission of felonies against persons or property
presupposes in the offender moral depravity
- When a felony has two or more elements and one of them is not
proved by the prosecution during the trial, either: (1) felony is not
consummated or (2) felony is not committed; (3) another felony is 1. Slight Physical Injuries
committed 2. Theft
3. Alteration of boundary marks
4. Malicious mischief
5. Intriguing against honor

1. Nature of the Offense

2. Elements constituting the felony
3. The manner of committing the same
a. Formal crimes: consummated in one instant
ARTICLE 8. Conspiracy and Proposal to Commit Felony. — Requisites of Proposal
Conspiracy and proposal to commit felony are punishable only in the
cases in which the law specially provides a penalty therefor. 1. A person has decided to commit a felony
2. That he proposes its execution to some other person(s)
A conspiracy exists when two or more persons come to an agreement
concerning the commission of a felony and decide to commit it. No crimes when:

There is proposal when the person who has decided to commit a felony 1. The person who proposes is not determined to commit the felony
proposes its execution to some other person or persons. 2. There is no decided, concrete and formal proposal
3. It is not the execution of a felony that is proposed
- Conspiracy exists when two or more persons come to an agreement
concerning the commission of a felony and decide to commit it ARTICLE 9. Grave Felonies, Less Grave Felonies and Light Felonies.
- Conspiracy is not a crime except when the law specifically — Grave felonies are those to which the law attaches the capital
provides a penalty (Treason, rebellion and sedition) punishment or penalties which in any of their periods are afflictive, in
- An agreement to commit a crime is a reprehensible act from the accordance with article 25 of this Code.
viewpoint of morality
- The conspirators should not actually commit treason, coup d’etat,
Less grave felonies are those which the law punishes with penalties
rebellion or sedition. It is sufficient that two or more persons agree
which in their maximum period are correctional, in accordance with
and decide to commit treason, rebellion or sedition
the abovementioned article.
- All conspirators who carried out their plan and personally took part
in its execution are equally liable
Light felonies are those infractions of law for the commission of which
the penalty of arresto menor or a fine not exceeding 200 pesos or both,
Requisites of conspiracy: is provided.

1. Two or more persons came to an agreement

- When the penalty prescribed for the offense is composed of two or
2. That the agreement concerned the commission of a felony
more distinct penalties, the higher or highest of the penalties must
a. Must be an agreement to act, to effect to bring about what be an afflictive penalty
has already been conceived and determined
3. That the execution of the felony be decided upon
a. There must be determination to commit the crime of ARTICLE 10. Offenses Not Subject to the Provisions of this Code. —
treason, rebellion or sedition Offenses which are or in the future may be punishable under special
laws are not subject to the provisions of this Code. This Code shall be
supplementary to such laws, unless the latter should specially provide
- Direct proof is not essential to establish conspiracy. Conspiracy
the contrary.
can be presumed from and proven by acts of the accused
themselves when the said acts point to a joint purpose and design
- Evidence of actual cooperation rather than mere cognizance or - The penal code is not intended to supersede special penal laws
approval of an illegal act is required - The main idea and purpose of the article is embodied in the
provision that the code shall be supplementary to special laws
ARTICLE 11. Justifying Circumstances. — The following do not incur 5. Any person who acts in the fulfillment of a duty or in the lawful
any criminal liability: exercise of a right or office.

1. Anyone who acts in defense of his person or rights, provided that the 6. Any person who acts in obedience to an order issued by a superior
following circumstances concur: for some lawful purpose.

First. Unlawful aggression; ARTICLE 12. Circumstances Which Exempt from Criminal Liability.
— The following are exempt from criminal liability:
Second. Reasonable necessity of the means employed to prevent or
repel it; 1. An imbecile or an insane person, unless the latter has acted during a
lucid interval.
Third. Lack of sufficient provocation on the part of the person
defending himself. When the imbecile or an insane person has committed an act which the
law defines as a felony (delito), the court shall order his confinement in
2. Anyone who acts in defense of the person or rights of his spouse, one of the hospitals or asylums established for persons thus afflicted,
ascendants, descendants, or legitimate, natural or adopted brothers or which he shall not be permitted to leave without first obtaining the
sisters, or of his relatives by affinity in the same degrees, and those by permission of the same court.
consanguinity within the fourth civil degree, provided that the first and
second requisites prescribed in the next preceding circumstance are 2. A person under nine years of age.
present, and the further requisite, in case the provocation was given by
the person attacked, that the one making defense had no part therein. 3. A person over nine years of age and under fifteen, unless he has acted
with discernment, in which case, such minor shall be proceeded against
3. Anyone who acts in defense of the person or rights of a stranger, in accordance with the provisions of article 80 of this Code.
provided that the first and second requisites mentioned in the first
circumstance of this article are present and that the person defending When such minor is adjudged to be criminally irresponsible, the court,
be not induced by revenge, resentment, or other evil motive. in conformity with the provisions of this and the preceding paragraph,
shall commit him to the care and custody of his family who shall be
4. Any person who, in order to avoid an evil or injury, does an act charged with his surveillance and education; otherwise, he shall be
which causes damage to another, provided that the following requisites committed to the care of some institution or person mentioned in said
are present: article 80.

First. That the evil sought to be avoided actually exists; 4. Any person who, while performing a lawful act with due care, causes
an injury by mere accident without fault or intention of causing it.
Second. That the injury feared be greater than that done to avoid it;
5. Any person who acts under the compulsion of an irresistible force.
Third. That there be no other practical and less harmful means of
preventing it. 6. Any person who acts under the impulse of an uncontrollable fear of
an equal or greater injury.
7. Any person who fails to perform an act required by law, when 9. Such illness of the offender as would diminish the exercise of the will-
prevented by some lawful or insuperable cause. power of the offender without however depriving him of consciousness
of his acts.
ARTICLE 13. Mitigating Circumstances. — The following are
mitigating circumstances: 10. And, finally, any other circumstance of a similar nature and
analogous to those above mentioned.
1. Those mentioned in the preceding chapter, when all the requisites
necessary to justify the act or to exempt from criminal liability in the ARTICLE 14. Aggravating Circumstances. — The following are
respective cases are not attendant. aggravating circumstances:

2. That the offender is under eighteen years of age or over seventy 1. That advantage be taken by the offender of his public position.
years. In the case of the minor, he shall be proceeded against in
accordance with the provisions of article 80. 2. That the crime be committed in contempt of or with insult to the
public authorities.
3. That the offender had no intention to commit so grave a wrong as
that committed. 3. That the act be committed with insult or in disregard of the respect
due to the offended party on account of his rank, age, or sex, or that it
4. That sufficient provocation or threat on the part of the offended be committed in the dwelling of the offended party, if the latter has not
party immediately preceded the act. given provocation.

5. That the act was committed in the immediate vindication of a grave 4. That the act be committed with abuse of confidence or obvious
offense to the one committing the felony (delito), his spouse, ascendants, ungratefulness.
descendants, legitimate, natural, or adopted brothers or sisters, or
relatives by affinity within the same degrees. 5. That the crime be committed in the palace of the Chief Executive, or
in his presence, or where public authorities are engaged in the
6. That of having acted upon an impulse so powerful as naturally to discharge of their duties, or in a place dedicated to religious worship.
have produced passion or obfuscation.
6. That the crime be committed in the nighttime, or in an uninhabited
7. That the offender had voluntarily surrendered himself to a person in place, or by a band, whenever such circumstances may facilitate the
authority or his agents, or that he had voluntarily confessed his guilt commission of the offense.
before the court prior to the presentation of the evidence for the
prosecution. Whenever more than three armed malefactors shall have acted
together in the commission of an offense it shall be deemed to have been
8. That the offender is deaf and dumb, blind or otherwise suffering committed by a band.
some physical defect which thus restricts his means of action, defense,
or communication with his fellow beings. 7. That the crime be committed on the occasion of a conflagration,
shipwreck, earthquake, epidemic or other calamity or misfortune.
8. That the crime be committed with the aid of armed men or persons 18. That the crime be committed after an unlawful entry.
who insure or afford impunity.
There is an unlawful entry when an entrance is effected by a way not
9. That the accused is a recidivist. intended for the purpose.

A recidivist is one who, at the time of his trial for one crime, shall have 19. That as a means to the commission of a crime a wall, roof, floor,
been previously convicted by final judgment of another crime door, or window be broken.
embraced in the same title of this Code.
20. That the crime be committed with the aid of persons under fifteen
10. That the offender has been previously punished for an offense to years of age or by means of motor vehicles, airships, or other similar
which the law attaches an equal or greater penalty or for two or more means.
crimes to which it attaches a lighter penalty.
21. That the wrong done in the commission of the crime be deliberately
11. That the crime be committed in consideration of a price, reward, or augmented by causing other wrong not necessary for its commission.

12. That the crime be committed 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.

13. That the act be committed with evident premeditation.

14. That craft, fraud, or disguise be employed.

15. That advantage be taken of superior strength, or means be

employed to weaken the defense.

16. That the act be committed with treachery (alevosia).

There is treachery when 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.

17. That means be employed or circumstances brought about which

add ignominy to the natural effects of the act.