Art. 12 - Exempting Circumstances

Question 1

Par 1.

An imbecile or an insane person

Answer 1

An imbecile is a person marked by mental deficiency while
an insane person is one who has an unsound mind or
suffers from a mental disorder (PP vs. Ambal, oct. 17,
1980)

Question 2

Par. 2 -3

Minority

Answer 2

1. child of fifteen (15) years of age and under at the time of the commission of the offense is exempt from criminal liability.
2. children above 15 but below 18 without discernment

Question 3

Par. 4

Accident

Answer 3

1. Performance of a lawful act;
2. With due care;
3. Injury is caused to another by mere accident;
4. There is no fault or intention of causing the injury.

Question 4

Par. 5

Compulsion of an irresistible
force

Answer 4

1. Compulsion is by physical force;
2. The physical force is irresistible;
3. The physical force must come from a third person.

Question 5

Par. 6

Impulse of an uncontrollable
fear of an equal or greater injury.

Answer 5

1. The threat which causes the fear is of an evil greater
   than or at least equal to the injury
2. That it promises an evil of such gravity and
   imminence that the ordinary man would have
   succumbed to it

Question 6

Par. 7

Prevented by Insuperable Cause

Answer 6

Elements:
1. An act is required by law to be done
2. The person fails to perform such act
3. His failure to perform such act was due to some
lawful or insuperable (something that cannot be
overcome) cause

Question 7

Absolutory causes

Answer 7

Instances where the act committed is a crime but for
reasons of public policy and sentiment there is no
penalty imposed.

Question 8

Absolutory cause in the RPC

Answer 8

1. Art 6 (spontaneous desistance);
2. Art. 20 (accessories who are exempt);
3. Art. 124 (violent insanity)
4. Art. 247 (death under exceptional circumstances)
5. Art. 280, paragraph. 3 (exceptions to trespass to dwelling)
6. Art. 332 (certain relatives are exempt from theft, swindling
   and malicious mischief)
7. Art. 334, par. 4 (marriage of the offender and the offended
   party in SARA (Seduction, Abduction, Rape, Acts of
   Lasciviousness) extinguishes criminal liability

Question 9

Instigation

Answer 9

In instigation, a law enforcement officer would induce
somebody to commit a crime for the purpose of prosecuting
him or arresting him later. He was encouraged, but the
commission of the crime was upon his own free will.