Title I. Felonies and Circumstances which Affect Criminal Liability, Chapter 2. Justifying Circumstances and Circumstances which Exempt from Criminal Liability (Art. 11-12)

Question 1

State Article 11 (1), RPC.

Answer 1

Anyone who acts in the defense of his person or rights, provided that the following circumstances concur:

1. Unlawful aggression.
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 2

State Article 11 (2), RPC.

Answer 2

Anyone who acts in the defense of the person or rights of his spouse, ascendants, descendants, or legitimate, natural or adopted brothers or sisters, or his relatives by affinity in the same degrees or those by consanguinity within the fourth civil degree, provided that the first and second requisites prescribed in the next preceding circumstance are present, and the further requisite, in case the provocation was given by the person attacked, that the one making defense had no part therein.

Question 3

State Article 11 (3), RPC.

Answer 3

Anyone who acts in the defense of the person or rights of a stranger, provided that the first and second requisites mentioned in the first circumstance of this article and that the person defending be not induced by revenge, resentment or other evil motive.

Question 4

What are the requisites of avoidance of evil or injury?

Answer 4

Article 11 (4). Any person who, in order to avoid an evil or injury, does an act that causes damage to another, provided that the following requisites are present:

1. That the evil sought to be avoided actually exists.
2. That the injury feared is greater than that done to avoid it.
3. That there be no other practical and less harmful means of preventing it.

Question 5

State Article 11 (5).

Answer 5

Any person who acts in the fulfillment of a duty or in the lawful exercise of a right or office.

Question 6

What are the requisites of fulfillment of a duty as a justifying circumstance?

Answer 6

1. That the accused acted in the performance of a duty or in the lawful exercise of a right or office.
2. That the injury caused or offense committed be the necessary consequence of the due performance of duty or the lawful exercise of such right or office.

Question 7

What are the requisites of obedience to an order as a justifying circumstance?

Answer 7

1. That an order has been issued by a superior.
2. That such order must be for some lawful purpose.
3. That the means used by the subordinate to carry out said order is lawful.

Question 8

State Art. 12 (1), RPC.

Answer 8

(1) An imbecile or an insane person, unless the latter acted during a lucid interval.

When the imbecile or insane person has committed an act which the law defines as a felony, the court shall order his confinement in one of the hospitals or asylums established for persons thus afflicted, which he shall not be permitted to leave without first obtaining the permission of the same court..

Question 9

State Art. 12 (2) as amended by Sec. 6 (1), RA 9344.

Answer 9

A child fifteen (15) years of age or under at the time of the commission of the offense shall be exempt from criminal liability. However, the child shall be subjected to an intervention program pursuant to Sec. 20 of RA 9344).

Question 10

State Art. 12 (3) as amended by Sec. 6 (2), RA 9344.

Answer 10

A child above 15 years but below 18 years of age shall likewise be exempt from criminal liability and be subjected to an intervention program, unless he/she has acted with discernment, in which case, such child shall be subjected to the appropriate proceedings in accordance with RA 9344.

Question 11

State Art. 12 (4), RPC.

Answer 11

Any person who, while performing a lawful act with due care, causes an injury by mere accident without fault or intention of causing it.

Question 12

What are the four (4) elements of accident as an exempting circumstance?

Answer 12

The four (4) elements of accident as an exempting circumstance are:

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

Question 13

State Art. 12 (5), RPC.

Answer 13

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

Question 14

What are the elements of irresistible force as an exempting circumstance?

Answer 14

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

Question 15

State Art. 12 (6), RPC.

Answer 15

Any person who acts under the impulse of an uncontrollable fear of an equal or greater injury.

Question 16

What are the elements of uncontrollable fear as an exempting circumstance?

Answer 16

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.
2. That it promises an evil of such gravity and imminence that the ordinary man would have succumbed to it.

Question 17

State Art. 12 (7), RPC.

Answer 17

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

Question 18

What are the elements of failure to perform an act required by law as an exempting circumstance?

Answer 18

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