Article 12

Question 1

Exempting Circumstances

Answer 1

Grounds for exemption from punishment because there is absence in the agent of the crime any of the conditions which make the act voluntary or negligent

Question 2

Exempting v. Justifying

Answer 2

Justifying - No Crime, No Criminal or Civil Liability (except par. 4)

Exempting - There is a crime, but No Criminal Liability. THERE is CIVIL liability (except par. 4 and 7)

Question 3

Imbecile

Answer 3

One who, while advance in age, has mental development of children between 2-7 years old

One who is completely deprived of reason or discernment and freedom of the will at the time of committing the crim

Question 4

Insanity

Answer 4

Complete deprivation of intelligence OR

Total deprivation of freedom of the will

Question 5

Life of human being is divided into:

Answer 5

1) absolute irresponsibility - 15 or under
2) conditional irresponsibility - over 15, under 18 unless with discernment
3) full responsibility - 18 years old to 70 years
4) mitigated responsibility - over 15, under 18 with discernment; over 70 years of age

Question 6

Child in conflict with the law

Answer 6

over 15 under 18 with discernment

Question 7

Discernment

Answer 7

capacity to distinguish what is right from wrong

Question 8

Intent
v.
Discernment

Answer 8

Intent - desired act of the person

Discernment - moral significance that a person ascribes to said act

Question 9

How is discernment shown

Answer 9

1) manner the crime was committed

2) conduct of offender after its commission

Question 10

Determination of the age of the child

Answer 10

1) best evidence: original or certified true copy of certificate of live birth
2) baptismal or school records
3) testimony of child, or member of family/relative who is qualified to testify on matters about pedigree

Question 11

Elements of Paragraph 4, article 12

Answer 11

1) Person is performing a lawful act
2) With due care
3) He causes an injury to another by mere accident
4) Without fault or intention of causing it

Question 12

Accident

Answer 12

Something that happens outside our will and lies beyond the bounds of foreseeable consequences

Question 13

Elements of IrresistIble force

Answer 13

1) That compulsion is by means of physical force
2) Physical force must be irresistible
3) Physical force must come from a 3rd person

• reduced to a mere instrument; force must be present, imminent and impending producing a well-grounded apprehension of death or serious bodily harm
• compulsion must leave no opportunity to the accused for escape or self-defense

Question 14

Elements of Uncontrollable fear

Answer 14

1) The threat which causes the fear is of an evil GREATER than or EQUAL to that which he is required to commit
2) It promises an evil of such GRAVITY and IMMINENCE that the ordinary man would have succumbed to it

Question 15

Requisites of Uncontrollable fear

Answer 15

1) EXISTENCE of an uncontrollable fear
2) Fear must be REAL and IMMINENT
3) Fear of an injury is GREATER than or at least EQUAL to that committed

*Duress must be real, imminent or reasonable fear and NOT speculative, fanciful or remote fear

Question 16

Irresistible force v. Uncontrollable fear

Answer 16

Force or Violence

Intimidation or Threat

Question 17

Elements of Lawful/Insuperable Cause

Answer 17

1) an act is required by law to be done
2) a person fails to perform such act
3) his failure to perform such act was due to some lawful or insuperable cause

Question 18

Absolutory Cause

Answer 18

The act committed is a crime but for reasons of public policy and sentiment, there is no penalty imposed

Question 19

Instigation
v.
Entrapment

Answer 19

Instigation - induces accused and he himself becomes co-principal*

*must be made by PUBLIC officers or PRIVATE DETECTIVES; not private individuals

Entrapment - trapping and capturing while executing his criminal plan; original design was formed independently of one who is making the entrapment

Question 20

Examples of absolutory causes

Answer 20

SLAATTPMI

1) Spontaneous desistance during attempted stage
2) Light felony is only attempted or frustrated and not agains persons or property
3) Accessory is relative of principal
4) Legal grounds for Arbitrary detention
5) Legal grounds for trespass
6) Theft, Swindling or Malicious Mischief against relatives
7) Slight or less serious Physical injuries
8) Marriage of offended party with offender in crimes of rape, abduction, seduction, acts of lasciviousness
9) Instigation