Exempting Circumstance

Question 1

What are the exempting circumstances?

Answer 1

1. Imbecility or insanity
2. Minority
3. Accident
4. Compulsion of irresistible force
5. Impulse of uncontrollable fear
6. Insuperable or lawful cause

Question 2

What are the characteristics of exempting circumstances?

Answer 2

The act is criminal, but the criminal is exempt from criminal Liability

Question 3

What is insanity?

Answer 3

There is a complete deprivation of intelligence in committing the act, and so there is complete absence of ability to discern.

Question 4

When should insanity exist?

Answer 4

In the period immediately before or at the precise moment of doing the act.

Question 5

What if the insanity occurs after the commission of the crime?

Answer 5

Refer to Art. 79, which provides that one who becomes insane or imbecile after final sentence will have the sentence suspended as to the personal penalty. He will only be sentenced when reason is regained.

Question 6

What if there is no complete impairment or loss of intelligence, and just a partial one?

Answer 6

It is just a mitigating circumstance: illness that would diminish exercise of will-power without depriving consciousness of his acts

Question 7

Under RA 9344, how are minors classified?

Answer 7

Children at risk are those vulnerable to and at the risk of committing criminal offenses due to personal, familial, and social circumstances

Question 8

What are the benevolent features of RA 9344?

Answer 8

Age 15 and below = age of absolute irresponsibility
 Exempt from criminal liability
 Subject to intervention program
o Age over 15 and under 18 = criminally liable only where there is discernment
 No liability if there is lack of discernment. Also subject to intervention program.
 Liable if there is discernment. However, he will under a diversion program

Question 9

What are the diversion programs for those over 15 but below 18 acting with discernment?

Answer 9

1. When the penalty of the crime is not over 6 years:
    Crimes with victims:
    Diversion program before law enforcement officer or punong barangay
    Involves mediation, family conferencing, conciliation with child and parents/guardians
    Crimes without victims:
    Diversion program before the local DSWD officer, with child and parents/guardians
2. When the penalty of the crime exceeds 6 years:
    Diversion is before courts
    In case the penalty is not more than 12 years or just a fine, the court can determine whether diversion is appropriate or not
3. If the offense does not fall under any of the above or the child or parents/guardian does not consent to diversion, the one handling the case forwards the records to the prosecutor or court within 3 days – and then the case is filed according to regular process

Question 10

Can a child be detained pending trial?

Answer 10

Yes, but only as a last resort and only for the shortest possible period of time. The authorities can resort to alternative measures such as close supervision, intensive care, or placement with a family/educational setting.

Question 11

What is the rule on automatic suspension of sentence?

Answer 11

Children below 18 at the time of commission of the crime found guilty of the offense are placed under suspended sentence without need of application. The court then determines and imposes the appropriate disposition measures afterwards.

Question 12

What if the then-child is over 18 years old upon the pronouncement of guilt?

Answer 12

It doesn’t matter; there is still suspended sentence

Question 13

What if the child reaches 18 while under suspended sentence?

Answer 13

The court determines whether to:
 1. Discharge the child
 2. Order execution of sentence
 3. Extend suspended sentence for a certain period, or until he reaches the maximum age of 21

Question 14

What is the provision on probation?

Answer 14

Upon application at any time, the court can place the child on probation in lieu of service of sentence.

Question 15

Who are the minors disqualified from suspension of sentence?

Answer 15

1. One who once enjoyed suspension of sentence already
   o 2. Convicted for offense punishable by death or life imprisonment
    Note: “punishable” need not be “actually punished” especially since the death penalty has been abolished

Question 16

What is the definition of discernment?

Answer 16

When the minor is able to distinguish whether his act is moral or licit or not..

Question 17

What are the requisites of accident?

Answer 17

1. performing lawful act with due care
2. causes injury to another
3. without intent or negligence

Question 18

What are the elements of irresistible force?

Answer 18

1. Force is physical and must come from an outside source
2. The accused acts not only without a will but even against his will, reduced to a mere instrument
3. The duress, force, fear, or intimidation present is imminent and impending, as to induce well-grounded fear of death or serious bodily injury

Question 19

What are the elements of uncontrollable fear?

Answer 19

1. Threat which caused the fear of an evil greater than or equal to the act accused was required to commit
2. The evil promised was of such gravity and imminence that an ordinary man would succumb to it

Question 20

What is an insuperable cause?

Answer 20

It applies to felonies by omission – where the failure to do so is due to a lawful or insuperable cause.

o A common example is failure to comply with art. 125 of the number of hours when a person arrested must be delivered to judicial authorities, when there is a long holiday or the judicial offices are not open, or there is a calamity/accident that met them.