CRIMLAW1 MEMORY AIDE: ART. 11-15 3.

The Means used by subordinate to carry out

is lawful
Art. 11 – Justifying (6)
Art. 12 – Exempting (7) ART. 12. EXEMPTING CIRCUMSTANCES
Art. 13 – Mitigating (10) (I-B9-U15-A-C-I-F)
Art. 14 – Aggravating (21) - Or circumstances of non-imputability
Art. 15 - Alternative (3) - Are grounds for exemption from punishment
- BASIS: absence of intelligence, freedom of action, or
ART. 11 – JUSTIFYING CIRCUMSTANCES (S-R-S-A-F-O) intent, or absence of negligence on part of the
- Are acts of a person is said to be in accordance with accused.
law, so that such person is deemed not to have
transgressed the law and is free from both criminal 1. Imbecility or Insanity
civil liability, except par. 4 where civil liability is borne - Complete deprivation of intelligence
by the persons benefited by the act. 2 Tests of Insanity:
- 1. COGNITION – depravity of intelligence
1. Self-Defense 2. VOLITION – depravity of freedom of will
Requisites: (U-R-L)
1. Unlawful Aggression 2. Person under 9* years of age
2. Reasonable necessity to repel it
Test of Reasonableness 3. Persons over 9 & Under 15* years of age, acting
2.1. Weapon used by aggressor without DISCERNMENT *Amended by R.A. 9344
2.2. Physical condition. Char, size & other
circ.
Discernment – mental capacity to fully appreciate
2.3. Those of person defending himself
the consequences of unlawful act
2.4. Place & occasion of assault
3. Lack of sufficient provocation on part of
person defending himself 4. A person while performing a lawful act with due
care, causes injury, by mere Accident without
2. Defense of Relatives fault or intent of causing it.
Relatives (S-A-D-B-4-R) Elements: (P-D-A-F)
1. Spouse 1. Person is Performing a lawful act,
2. Ascendants 2. With Due care,
3. Descendants 3. Causes injury to another by mere Accident
4. Legitimate, natural or adopted Brothers & 4. Without Fault or Intention of causing it
Sisters
5. Relatives by consanguinity by 4th civil 5. A person who acts under the Compulsion of
degree irresistible force
Elements: (P-I-3)
3. Defense of Stranger 1. Compulsion is by means of Physical force
Requisites: (U-R-R) 2. Physical force must be Irresistible
1. Unlawful Aggression 3. Physical force must come from 3rd person
2. Reasonable necessity to repel it
3. Person defending not induced by Revenge, 6. A person who acts under the Impulse of an
resentment or evil motive uncontrollable fear of an equal or greater injury
Elements: (T-G)
4. Avoidance of Greater Evil or Injury 1. Threat which causes fear is greater than or
Requisites: (E-I-N) at least equal to an act required to commit
1. Evil to be avoided actually exist 2. Evil promised is of such Gravity and
2. Injury feared is GREATER than done to avoid imminence
it Requisites: (U-R-G-)
3. No other practical means to prevent it 1. Existence of Uncontrollable fear
2. Fear must be Real and imminent
5. Fulfillment of Duty: Lawful exercise of Right 3. Fear of an injury is Greater than or equal to
Requisites: (P-D) that committed
1. Accused acted in Performance of duty
2. Injury caused be the necessary 7. A person who Fails to perform an act required
consequence of Due performance of duty by Law, when prevented by some lawful or
insuperable cause
6. Obedience to an order issued for some lawful Elements: (R-F-I)
purpose 1. Act is Required by law to be done
Requisites: (S-L-M) 2. Person Fails to perform such act
1. Order issued by Superior 3. Failure to perform such act was due to
2. Such order must be some Lawful purpose some lawful or Insuperable cause
 ABSOLUTORY CAUSES The Threat should be offensive & positively strong.
- A circumstance which offense by reason of which, Otherwise, the threat is an unlawful aggression,
that accused who acts with criminal intent, freedom which may give rise to self-defense.
& intent does not incur criminal liability for an act
which does constitutes a crime such as: 5. Vindication of Grave Offense
1. Spontaneous desistance (Art. 6) Requisites:
2. Accessories who are exempt from crim. liability 1. There be a grave offense done to
(Art. 20) committing the felony, his spouse…by
3. Death or Physical Injuries under exceptional circ. affinity with same degrees
(Art. 247) 2. Felony is committed by vindication of such
4. Persons exempt from crim. liability in theft, grave offense
swindling & malicious mischief (Art. 332) Immediate vindication means Proximate.
5. Instigation of absolutory casue
REASON: An instigator induces “would-be- 6. Passion or Obfuscation
accused” into commission of offense Requisites:
1. Accused acted upon Impulse
ART. 13. MITIGATING CIRCUMSTANCES 2. Impulse must be Powerful that it naturally
(I-U18-N-P-V-P-S-P-I-A) induced passion or obfuscation
- Those which if present in the commission of the Requisites of the Mit. Circ. Of Passion of
crime, don’t entirely free the actor from criminal Obfuscation:
liability for an act which only to reduce the penalty 1. There be an act, both unlawful & sufficient
to produce condition of mind,
1. Incomplete Justifying or Exempting 2. Act which produced obfuscation was not far
circumstances removed from the commission of the crime
1.1. Applies when all the requisites necessary to by considerable length of time, during
justify the act is not attendant which the perpetuator might recover his
1.2. In case of “incomplete self-defense, defense of normal equanimity.
relatives, & defense of strangers”, unlawful Reason: When there are causes naturally producing
aggression must be present, it being in a person powerful excitement he loses his reason
indispensable requisite & self-control, thereby diminishing his will power.
Exceptions: Even when there is actually passion or
obfuscation on the part of the offender, there is no
2. Under 18, or over 70
mit. circ. if:
LEGAL Effects of various ages of offender:
a. Act committed in a spirit of lawlessness
1. Age of absolute irresponsibility – under 9
b. Act committed in a spirit of revenge
(Art. 12, par. 2)
2. Age of mitigated – over 9 & under 15, acting
without discernment (Art. 12, par. 3; Art. 7. Surrender and Confession of a Guilt
68, par. 1) 7.1. Voluntary surrender to a person of authority
3. Minor delinquent (under 18) – PD 1179 7.2. Voluntary confession of guilt before the court,
4. Under 18, privileged mitigating (Art. 68) prior to presentation of evidence
5. Age of full responsibility – 18 or over, FULL Requisites: (A-S-V)
Criminal liability 1. Offender had not been actually Arrested
6. The age of mitigated responsibility – 70 & 2. That the offender Surrendered himself to
over (art. 13, par. 2) no imposition of death person of authority
penalty 3. That the surrender was Voluntary
When Surrender Voluntary - must be spontaneous,
showing intent to submit himself unconditionally to
3. No intention to commit so grave a wrong
authority.
3.1. If the offender had no intention to commit so
grave a wrong as that committed. Only if facts
are proven to show notable & evident 8. Physical Defect of the Offender
disproportion between Means employed to - Referred to as being armless, cripple, or a stutterer,
execute the criminal act & consequences whereby his means to act, defend himself or
3.2. Not applicable to CULPABLE Felonies communicate to fellow beings is limited.
It is essential that the physical defect has some
relation to the crime committed by him.
4. Provocation or Threat
- Is understood as any unjust or improper
conduct of the offended party, capable of 9. Illness of the Offender
Requisites: (D-C)
exciting, inciting, or irritating any one
1. That the illness of the offender Diminishes
Requisites: (S-O-I)
the exercise of his will power,
1. Provocation must be Sufficient
2. That such illness should not deprive the
2. Must originate from the Offended party
offender of Consciousness of his acts
3. Must be Immediate to the commission of
the crime by the person who is provoked
 10. Similar and Analogous Circumstances 3. Disregard of Rank, Age, Sex, of Offended party
- Authorizes the court to consider in favor of the - only applicable to crimes against persons or
accused “any other circumstance of a similar honor
nature & analogous to those mentioned” in par. - NOT – crimes with passion, when there exists
1 to 9 of Art. 13 relationship bet. Offended party and offender &
when condition being a woman is indispensable
ART. 14. AGGRAVATING CRICUMSTANCES (parricide, abduction, rape, seduction)
- Are those which, if attendant in the commission of the - That crime committed in the Dwelling of a person
crime serve to INCREASE the penalty without exceeding
to maximum penalty provided by law for the offense Dwelling – must be building exclusively for rest &
- BASIS: based on greater perversity of the offender comfort
manifested by:
(1) Motivating power itself 4. Abuse of Confidence; or Obvious
(2) Place of commission Ungratefulness
(3) Means & ways employed Requisites for Abuse of Confidence:
(4) Time 1. That the offended party had trusted the
(5) Personal circumstances of offender offender
2. That the offender abused such trust by
Four Kinds of Aggravating Circumstances: (G-S-Q-I) committing a crime against offended party
I. Generic – can generally apply to all crimes 3. Abuse of confidence facilitated the
II. Specific – apply only to particular crimes commission of crime
III. Qualifying – change the nature of the crime
IV. Inherent – must of necessity accompany the 5. Places of Commission
commission of the crime Places:
(A-C-D-A-P-N-C-W-R-H-P-I-E-C-S-T-I-U-W-A-C) 1. Palace of the Chief Executive
1. Advantage taken of Public Position 2. Presence of the Chief Executive
2. Contempt or Insult of Public Authorities 3. Where public officers are engaged in the
3. Disregard of Rank, Age, Sex, of Offended party discharge of their duties
4. Abuse of Confidence; or Obvious Ungratefulness 4. Place dedicated to the religious worship
5. Places of Commission
6. Nighttime, Uninhabited place or Band (4+) 6. Nighttime, Uninhabited place or Band (4+)
- aka Nocturne, Despoblado & Cuardrilla - aka Nocturne, Despoblado & Cuardrilla (more
7. On Occasion of Calamity or Misfortune than 3 armed men)
8. With aid of ARMED Men
9. Recidivist
7. On Occasion of Calamity or Misfortune
10. Reiteracion or Habituality
Reason: Instead of lending aid in the midst of
11. Price, Reward, or Promise
calamity, adds greater suffering by taking advantage
12. By means of Inundation, Fire, etc.
of misfortune to despoil them.
13. Evident Premeditation
14. Craft, Fraud, or Disguise
15. Superior Strength or means to weaken Defense 8. With aid of ARMED Men
16. Treachery (Alevosia)
17. Ignominy 9. Recidivist
18. Unlawful Entry Requisites:
19. By Wall, roof, door, or window be broken 1. That the offender is on Trial for an offense
20. Aid of Minor (under 15)/by means of motor vehicle 2. That he was previously convicted by final
21. Cruelty judgment of a crime
3. That both 1st & 2nd offenses are embraced in
1. Advantage taken of Public Position the SAME title of the Code
4. That the offender is convicted of the new
Test: Did the accused abuse his office in order
offense
to commit the crime?

10. Reiteracion or Habituality

2. Contempt or Insult of Public Authorities (PA)
Forms of Repetition:
Requisites:
1. Recidivism (Art. 14, par. 9)
1. PA is engaged in the exercise of his functions
2. Reiteracion or Habituality (Art 14, par. 10)
2. The he who is thus engaged in the exercise of
3. Multi-recidivism or habitual delinquency (Art.
said function is NOT person against whom
62, par. 5)
crime is committed
4. Quasi-delinquent (Art. 160)
3. Offender knows him to be a public authority
4. His presence has not prevented the offender
from committing the criminal act 11. Price, Reward, or Promise
* Knowledge that PA is present is ESSENTIAL - Must be 2 or more principals, the one who gives
offers & one who accepts
 - Evidence must show that accused used money 20. Aid of Minor (under 15)/by means of motor
for purposes of inducing another to perform a vehicle
deed - TAKING ADVANTAGE of Minors
- GREAT FACILITIES means to commit crime &
12. By means of Inundation, Fire, etc. flee

13. Evident Premeditation 21. Cruelty

Essence: Must be preceded by cool thought & Essence: when culprit enjoys & delights in
reflection making victim suffer
Requisites: Requisites:
1. Proof of time when the offender determined 1. Injury caused be deliberately increased by
to commit crime causing other wrong
2. Act manifestly indicating that the culprit has 2. That the other wrong be unnecessary for
clung to his determination the execution of the purpose of offender
3. Sufficient lapse of time bet. det. & exec. allow
him to reflect upon the consequences of his
IGNOMINY VS. CRUELTY
act
Ignominy (par. 17) involves moral suffering, while
14. Craft, Fraud, or Disguise Cruelty (par. 21) refers to physical sufferings.
Definitions:
1. CRAFT – involves use of intellectual trickery ART. 15. ALTERNATIVE CIRCUMSTANCES (R-I-D)
2. FRAUD – use of insidious words - Are those, must be taken into consideration as
3. DISGUISE – involves use of device to conceal aggravating or mitigating, according to nature
identity & effects of the crime

15. Superior Strength or means to weaken Defense 1. Relationship

- To take advantage of superior strength 2. Intoxication
means to use purposely, excessive force out 3. Degree of Instruction or education
to proportion to weaken defense
1. RELATIONSHIP – alternative when offended
16. Treachery (Alevosia) party is:
- When the offender commits crimes against 1. Spouses
Person, employing means in execution 2. Ascendants
thereof which tend directly to insure its 3. Descendants
execution, without risk to himself from the 4. Legitimate Brothers & Sisters
defense which the offended party might
make 1.1 Mitigating – against Property
Requisites: 1.2 Aggravating – against Person
1. That the time of attack, victim was not in
position to defend himself
2. INTOXICATION – meant that the offender’s
2. Offender consciously adopted particular
mental faculties must be affected by
means, method or form of attacked employed
drunkenness
17. Ignominy 2.1 Mitigating – not habitual
- Circumstance pertaining to moral order, intoxication
which adds disgrace & obloquy to material 2.2 Aggravating – habitual intoxication
injury caused by crime
Applicability: 3. DEGREE OF INSTRUCTION
1. Crime against chastity 3.1 Mitigating – Low Degree
2. Less serious physical injuries 3.2 Aggravating – High Degree
3. Light or grave coercion EXCEPT in crimes which are inherently
4. Murder wrong, of which every rational being is
endowed to know and feel
18. Unlawful Entry
- When entrance is effected by a way not
intended for purpose. Not for escape

19. By Wall, roof, door, or window be broken

- Considered aggravating, breaking door must
be utilized as a means to commission of a
crime