EXEMPTING CIRCUMSTANCES

Question 1

An imbecile or an insane person and acted during a lucid interval; Exempted?

Answer 1

Yes

Question 2

An imbecile or an insane person ; Exempted?

Answer 2

No, need to act during lucid interval

Question 3

A child 16 yrs of age or under is exempt from criminal liability under RA 9344; Exempted?

Answer 3

No. 15 and below

Question 4

A person over fifteen years of age and under eighteen, exempted?

Answer 4

No. unless he has acted with discernment, in which case, such child shall be subject to appropriate proceedings in accordance with RA 9344;

Question 5

Exempted: Any person who, while performing a lawful act with due care, causes an injury by mere accident ?? of causing it;

Answer 5

without the fault or intention

Question 6

Any person who acts under the compulsion of an

Answer 6

irresistible force;

Question 7

Any person who acts under the impulse of an uncontrollable fear of an equal or greater injury; exempted?

Answer 7

Yes

Question 8

Any person who fails to perform an act required by law, when prevented by some lawful or insuperable cause. Exempted?

Answer 8

Yes

Question 9

Any person who fails to perform an act required by law. Exempted?

Answer 9

No. needs to be prevented by some lawful or insuperable cause

Question 10

Basis of exempting circumstances: Insanity/Imbecility.

Answer 10

Lack of intelligence.

Question 11

Basis of exempting circumstences: Minority.

Answer 11

Lack of intelligence.

Question 12

Basis of exempting circumstences: Accident without fault or intention of causing it.

Answer 12

Lack of criminal intent.

Question 13

Basis of exempting circumstences: Compulsion of irresistible force.

Answer 13

Lack of freedom.

Question 14

Basis of exempting circumstences: Uncontrollable fear.

Answer 14

Lack of freedom.

Question 15

Basis of exempting circumstences: Prevented by some lawful or insuperable cause.

Answer 15

Lack of criminal intent.

Question 16

In case of exempting circumstances, is there a crime committed?

Answer 16

YES. There is a crime committed but no criminal liability arises from it because of the complete absence of any of the conditions which constitute free will or voluntariness of the act.

Question 17

exists when there is a complete deprivation of intelligence in committing the act.

Answer 17

Insanity

Question 18

An ? is one who, while advanced in age, has a mental development comparable to that of children between two to seven years of age.

Answer 18

imbecile

Question 19

Tests for exemption on grounds of insanity:

Answer 19

Test of cognition;

Test of volition;

Question 20

abnormalities of the mental facilities are enough exemted circumstances

Answer 20

No. Even mere.

Question 21

An imbecile or an insane cannot distinguish

Answer 21

right from wrong

Question 22

is the mental capacity to understand the difference between right and wrong including the capacity to fully appreciate the consequences of his unlawful act.

Answer 22

Discernment

Question 23

Conditions necessary to exempt a person from liability ACCIDENT WITHOUT FAULT OR INTENTION OF CAUSING IT

Answer 23

That the act causing the injury be lawful;
That it be performed with due care;
That the injury be caused by mere accident, i.e., by an unforeseen event;
That there be no fault or intention to cause the injury.

Question 24

If not all the conditions necessary to exempt from liability, ACCIDENT WITHOUT FAULT OR INTENTION OF CAUSING IT, the act should be considered as:

Answer 24

Reckless imprudence or Simple imprudence,

Question 25

if the act is executed without taking those precautions of measures which the most common prudence would require; or

Answer 25

Reckless imprudence

Question 26

if it is a mere lack of precaution in those cases where either the threatened harm is not imminent or the danger is not openly visible.

Answer 26

Simple imprudence,

Question 27

is something that happens outside the sway of our will, and although it comes about through some act of our will, lies beyond the bounds of humanly foreseeable consequences

Answer 27

Accident

Question 28

COMPULSION OF IRRESISTIBLE FORCE The basis of exemption is the complete absence of

Answer 28

freedom, an element of voluntariness.

Question 29

It is a degree of force which is external or physical which reduces the person to a mere instrument and the acts produced are done without and against his will.

Answer 29

Irresistible Force

Question 30

Requisites of compulsion of irresistible force

Answer 30

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

Question 31

Elements of uncontrollable fear

Answer 31

1. Existence of an uncontrollable fear;
2. Fear must be real and imminent; and
3. Fear of an injury is greater than or equal to that committed.

Question 32

threat of future injury is

Answer 32

not enough.

Question 33

In case of uncontrollable fear, it is necessary that the threat that caused the uncontrollable fear on the offender must be ??? It must not only be/merely an imagined threat or court interfered threat.

Answer 33

present, clear and personal.

Question 34

It was held that in order that the circumstance of uncontrollable fear may apply, it is necessary that the compulsion be of such a character as to

Answer 34

leave no opportunity for escape or self-defense in equal combat.

Question 35

PREVENTED BY SOME LAWFUL OR INSUPERABLE CAUSE

Answer 35

Requisites under this exempting circumstance

1. An act is required by law to be done;
2. A person fails to perform such act; and
3. Failure to perform such act was due to some lawful or insuperable cause.

Question 36

Some motive which has lawfully, morally, or physically prevented a person to do what the law commands.

Answer 36

Insuperable cause