CHAPTER 2: Justifying Circumstances and Circumstances which exempt from Criminal Liability

Question 1

What are the circumstances affecting Criminal Liability

Answer 1

JUSTIFYING CIRCUMSTANCES
EXEMPTING CIRCUMSTANCES
AGGRAVATING CIRCUMSTANCES
MITIGATING CIRCUMSTANCES
ALTERNATIVES CIRCUMSTANCES

Question 2

OTHER CIRCUMSTANCES found elsewhere in the RPC

Answer 2

ABSOLUTORY CLAUSE
effect is to ABSOLVE the offender from criminal liablity, although not from civil liability

EXTENUATING CIRCUMSTANCES
effect is to MITIGATE the criminal liability of the offender and has the SAME EFFECT as MITIGATING CIRCUMSTANCES

Question 3

EXAMPLES of EXTENUATING CIRCUMSTANCES

Answer 3

CONCEALMENT OF DISHONOR
in the crime of INFANTICIDE insofar as the mother and maternal grandparents are concerned
PENALTY: lowered by two degrees

ADULTERY
committed by a married woman ABANDONEDby her husband

Question 4

IMPUTABILITY

Answer 4

It is the quality by which an act may be ASCRIBED to a person as its author or owner. It implies that the act committed has been FREELY and CONSCIOUSLY done and may therefore be put down to the doer as his own.

Question 5

RESPONSIBILITY

Answer 5

it is the OBLIGATION of TAKING the penal and civil consequences of the crime

Question 6

GUILT

Answer 6

it is an ELEMENT of RESPONSIBILITY

for a man cannot be held responsible for the consequences of a crime unless he is gulity

Question 7

JUSTIFYING CIRCUMSTANCES
(definition)

Answer 7

Those where the act of a person is said to be IN ACCORDANCE WITH LAW, so that such person is deemed NOT TO HAVE TRANSGRESSED the law and is FREE from both CRIMINAL and CIVIL LIABILITY.

An AFFIRMATIVE DEFENSE, hence, the BURDEN OF PROOF is on the ACCUSED who must prove it by CLEAR AND CONVINCING EVIDENCE

GR: no civil liability
XP: Art. 11, par.4 (avoidance of greater evil or injury)
where the civil liability is BORNE by the PERSONS BENEFITED by the act

Note: NO CRIME; NO CRIMINAL
Basis: Lack of Criminal Intent

Question 8

JUSTIFYING CIRCUMSTANCES

Answer 8

1. Self-Defense
2. Defense of Relatives
3. Defense of Stranger
4. Avoidance of greater evil or injury
5. Fulfillment of duty or lawful exercise of right or duty
6. Obedience to an order issued for some lawful purpose

Question 9

RIGHTS INCLUDED IN SELF DEFENSE

Answer 9

1. Right to HONOR:
   slap on the face is considered as an unlawful aggression since the face represents a person and his dignity
2. Defense of PROPERTY RIGHTS:
   can be invoked if there is an attack upon the property ALTHOUGH IT IS NOT COUPLED WITH AN ATTACK UPON THE OWNER;
   all the elements of justification must be present

Question 10

SUBJECTS OF SELF-DEFENSE

Answer 10

(PRPH)

Person
Rights
Property
Honor

Question 11

REASONS FOR RECOGNIZING SELF-DEFENSE AS A JUSTIFYING CIRCUMSTANCE

Answer 11

1. Impulse of SELF-PRESERVATION

2. State CANNOT PROVIDE PROTECTION for each of its constituents

Question 12

REQUISITES; SELF-DEFENSE

Answer 12

(URL)

1. UNLAWFUL AGGRESSION (sine qua non)
2. REASONABLE NECESSITY of the means employed to prevent or repel it
3. LACK of SUFFICIENT PROVOCATION on the part of the person defending himself

Question 13

REQUISITES; AVOIDANCE OF GREATER EVIL OR INJURY

Answer 13

(EIP)

1. EVIL sought to be avoided ACTUALLY EXISTS
2. INJURY FEARED be GREATER than that done to avoid it
3. no other PRACTICAL and LESS HARMFUL MEANS of preventing it

Question 14

REQUISITES; DEFENSE OF RELATIVES

Answer 14

(URP)

1. UNLAWFUL AGGRESSION
2. REASONABLE NECESSITY of the means employed to prevent or repel it
3. PROVOCATION - although given by the person attacked, the one making the defense HAD NO PART therein

Question 15

REQUISITES; DEFENSE OF STRANGERS

Answer 15

(URM)

1. UNLAWFUL AGGRESSION
2. REASONABLE NECESSITY of the means employed to prevent or repel it
3. MOTIVE - person defending must NOT BE INDUCED BY

a. REVENGE;
b. RESENTMENT; or
c. OTHER EVIL MOTIVE