Art.12 Exempting Circumstances

Question 1

What are Exempting Circumstances? or Circumstances for Non-imputability?

Answer 1

• Those grounds for exemption from punishment, because there is wanting in the agent of the crime any of the conditions which makes the ACT voluntary, or negligent.
• There is a crime but NO criminal.

Question 2

Who has the BURDEN to prove Exempting Circumstances?

Basis?

Answer 2

• The burden of proof to prove the existence of an exempting circumstance lies with the defense.

Basis:

• The exemption from punishment is based on the complete absence of intelligence, freedom of action, or intent, or on the absence of negligence on the part of the accused.

Question 3

What is IMBECILITY?

Answer 3

Imbecility

• It exists when a person, while of advanced age, has a mental development comparable to that of children between two and seven years of age.

Question 4

What is INSANITY?

Answer 4

Insanity

• It exists when there is a complete deprivation of intelligence or freedom of the will.
• Mere abnormality of mental faculties is not enough especially if the offender has not lost consciousness of his acts.

Question 5

IMBECILE v. INSANE

Are both always EXEMPT from Criminal Liability?

Answer 5

• An insane person is not so exempt if it can be shown that he acted during a lucid interval.
• But an imbecile is exempt in all cases from criminal liability.

Question 6

Can Somnambulism be included as an exempting circumstance under Article12, Par1 of the RPC?

Answer 6

Somnambulism or sleepwalking

• must be clearly proven to be considered as an exempting circumstance under this Article.

Question 7

Can Malignant Malaria be considered under Article12(par1) of the RPC as an exempting circumstance?

Answer 7

Malignant Malaria affects the nervous system and causes among others such complication as acute melancholia and insanity at times, and if clearly proven will be considered as an exempting circumstance under this paragraph. (People vs. Lacena, 69 Phil 350)

Question 8

How do you legally prove INSANITY here in the Philippines?

Answer 8

Two tests of insanity:

Test of COGNITION

• complete deprivation of intelligence in committing the crime.

Test of VOLITION

• total deprivation of freedom of will.

^{In the Philippines, both <strong>cognition</strong> and <strong>volition</strong> tests are applied. There must be complete deprivation of the intellect (cognition) or will or freedom (volition)}

Question 9

During CRIMINAL PROSECUTION,

1. who must prove INSANITY?
2. When must the insanity be proven to have existed?
3. What is the Presumption?

Answer 9

• The defense must prove that the accused was insane at the time of commission of the crime because the presumption is always in favor of sanity.

Question 10

What is Republic Act 9344?

Answer 10

JUVENILE JUSTICE AND WELFARE ACT OF 2006

Question 11

What is a Child in Conflict with the LAW?

Answer 11

• It refers to a child who is alleged as, accused of, or adjudged as, having committed an offense under Philippine laws.

Question 12

What is the MINIMUM age of Responsibility?

Answer 12

Minimum age of Responsibility

Under RA 9344 (Juvenile Justice and Welfare Act of 2006), the following are EXEMPT from criminal liability (Sec. 6):

1. 15 years of age or under at the time of the commission of the offense. The child shall be however subject to an intervention program pursuant to Section 20 of the Act.
2. Child above 15 but below 18 who acted without discernment.

Question 13

What is DISCERNMENT?

How is discernment shown?

Answer 13

Discernment

• It is the mental capacity to understand the difference between right and wrong as determined by the child’s appearance, attitude, comportment and behavior not only before and during the commission of the offense but also after and during the trial.
• It is manifested through:
  
  1. Manner of committing the crime
  2. Conduct of the offender

Question 14

If a child is exempted from Criminal Liability, is he exempted from Civil Liability as well?

Answer 14

• Exemption from criminal liability herein established does not include exemption from civil liability.

Question 15

What is Presumprion of Minority?

How do you prove the minors AGE?

Answer 15

• The child in conflict with the law shall enjoy the presumption of minority until he/she is proven to be 18 years old or older (Section 7, par.1).

The age of a child may be determined from:

1. child’s birth certificate,
2. baptismal certificate or;
3. any other pertinent documents.

Question 16

What is there are NO DOCUMENTS to prove AGE?

Answer 16

In the absence of these documents, age may be based on;

1. information from the child himself/herself,
2. testimonies of other persons;
3. the physical appearance of the child and other relevant evidence.

In case of doubt as to the age of the child, it shall be resolved in his/her favor.

Question 17

What is an ACCIDENT?

Answer 17

Accident

• It is an occurrence that happens outside the sway of our will, and;
• although it comes about through some act of our will, it lies beyond the bounds of humanly foreseeable consequences.

Question 18

What are the ELEMENTS that fall under Art.12 Par. 4: Accident without fault or intention of causing it

Answer 18

Elements: (LDMW)

1. A person is performing a lawful act;
2. With due care;
3. He causes injury to another by mere accident; and
4. Without fault or intention of causing it.

The force must be so irresistible as to reduce the actor to a mere instrument who acts not only without will but against his will.

Question 19

What are the elements of Art.12, Par. 5.

A person who acts under the compulsion of an irresistible force.

Answer 19

Elements: (PIT)

1. That the compulsion is by means of physical force;
2. That the physical force must be irresistible; and
3. That the physical force must come from a third person.

The force must be so irresistible as to reduce the actor to a mere instrument who acts not only without will but against his will.

BASIS: Absense of FREEDOM

Question 20

Can Passion and Obfuscation amount to an irrisistable force?

Answer 20

NO! Passion and obfuscation cannot amount to irresistible force.

The force must be so irresistible as to reduce the actor to a mere instrument who acts not only without will but against his will.

BASIS: Absense of FREEDOM

Question 21

What are the ELEMENTS of Art.12, Par 6; Uncontrollable FEAR?

Answer 21

Par. 6. Uncontrollable fear

Elements:

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

Question 22

Is Duress a VALID defense?

Answer 22

• Duress as a valid defense should be based on real, imminent, or reasonable fear for one’s life or limb and should not be speculative, fanciful, or remote fear.
• The compulsion must be of such character as to leave no opportunity to the accused for escape or self-defense in equal combat.

It must presuppose intimidation or threat, not force or violence.

Question 23

What is an INSUPERABLE CAUSE?

Answer 23

Insuperable cause

• It is some motive which has lawfully, morally or physically prevented a person to do what the law commands.
• It applies to felonies by omission.

Basis: Lack of intent.

Question 24

What are the ELEMENTS of the exempting circumstance, Insuperable Cause?

Answer 24

• *Elements: (RFI)**
  1. That an act is required by law to be done;
  2. That a person fails to perform such act; and
  3. That his failure to perform such act was due to some lawful or insuperable cause.

Basis: Lack of intent.

Question 25

What is an ABSOLUTORY CAUSE?

Answer 25

Absolutory Causes

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

Question 26

Give some examples of ABSOLUTORY CAUSES?

Answer 26

Examples of absolutory causes: (DELIMA2-T2)

1. Spontaneous desistance (Art. 6)
2. Attempted or frustrated light felonies (Art. 7)
3. Accessories who are exempt from criminal liability by reason or relationship (Art. 20) and in light felonies
4. Slight or less serious physical injuries inflicted under exceptional circumstances (Art. 247)
5. Persons exempt from criminal liability for theft, swindling and malicious mischief (Art. 332)
6. Instigation
7. Trespass to dwelling when the purpose of entering another’s dwelling against the latter’s will is to prevent some serious harm to himself, the occupants of the dwelling or a third person, or for the purpose of rendering some service to humanity or justice, or when entering cafes, taverns, inns and other public houses, while the same are open (Art. 280, par. 2)
8. Marriage of the offender and the offended party in cases of seduction, abduction, acts of lasciviousness and rape (Art. 344)
9. Adultery and concubinage if the offended party shall have consented or pardoned the offenders.(Art. 344)

Question 27

Is ENTRAPMENT an absolutory cause?

Answer 27

Entrapment is NOT an absolutory cause.

A buy-bust operation conducted in connection with illegal drug- related offenses is a form of entrapment.