Art. 11.

Justifying The following do not incur any criminal

circumstances. liability:
SELF-DEFENSE 1. Anyone who acts in defense of his First. Unlawful aggression.
person or rights, provided that the
following circumstances concur; Second. Reasonable necessity of the
means employed to prevent or repel it.

Third. Lack of sufficient provocation on the

part of the person defending himself.
DEFENSE OF 2. Anyone who acts in defense of the First. Unlawful aggression.
RELATIV person or rights of his spouse, ascendants,
descendants, or legitimate, natural or Second. Reasonable necessity of the
adopted brothers or sisters, or his relatives means employed to prevent or repel it
by affinity in the same degrees and those
consanguinity within the fourth civil Third the provocation was given by the
degree, provided that person attacked, that the one making
defense had no part therein.
DEFENSE OF 3. Anyone who acts in defense of the First. Unlawful aggression.
STRANGERS) person or rights of a stranger, provided
Second. Reasonable necessity of the
means employed to prevent or repel it

Third that the person defending be not

induced by revenge, resentment, or other
evil motive.

ACT OF 4. Any person who, in order to avoid an evil First. That the evil sought to be avoided
NECESSITY or injury, does not act which causes actually exists;
damage to another, provided that the Second. That the injury feared be greater
following requisites are present; than that done to avoid it;

Third. That there be no other practical and

less harmful means of preventing it.

FULFILLMENT OF 5. Any person who acts in the fulfillment of Accused acted in the performance of a
DUTY a duty or in the lawful exercise of a right or duty
office.
That the injury caused or the offense
committed be the necessary consequence
of the due performance of duty or the
lawful exercise of such right or office
OBEDIENCE TO 6. Any person who acts in obedience to an That an order has been issued by a
SUPERIOR order issued by a superior for some lawful superior
purpose.
That such order must be for some lawful
purpose

That the means used by the subordinate

to carry out the said order is lawful
Art. the following are exempt from criminal
12. Circumstances liability:
which exempt
from criminal
liability.
1. An imbecile or 1. An imbecile or an insane person, unless When the imbecile or an insane person
an insane the latter has acted during a lucid interval. has committed an act which the law
defines as a felony (delito), 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.

2. under nine 2. A person under nine years of age. R.A 9344 Juvenile Justice and Welfare Act
years of age :15 yrs. old
3. A person over 3. A person over nine years of age and R.A 9344 Juvenile Justice and Welfare Act
nine years of age under fifteen, unless he has acted with : above 15 but below 18 yrs. old
and under fifteen, discernment, in which case, such minor When such minor is adjudged to be
unless he has shall be proceeded against in accordance criminally irresponsible, the court, in
acted with with the provisions of Art. 80 of this Code. conformably with the provisions of this
discernment and the preceding paragraph, shall
commit him to the care and custody of
his family who shall be charged with his
surveillance and education otherwise, he
shall be committed to the care of some
institution or person mentioned in
said Art. 80.

4. Accident 4. Any person who, while performing a Person is performing a lawful act
lawful act with due care, causes an injury With due care
by mere accident without fault or E causes injury to another by mere
intention of causing it. accident
Without fault or intention of causing it
Compulsion of irresistible force.
5. Any person who act under the that the compulsion is by means of
compulsion of irresistible force. physical force
that the physical force must be irresistible
that the physical force must come from a
third person

6. impulse of an 6. Any person who acts under the impulse That the threat which causes the fear is of
uncontrollable of an uncontrollable fear of an equal or an evil greater than, or at least equal to,
fear greater injury. that which h is required to commit
That it promises an evil of such gravity
and imminence that the ordinary man
would have succumbed to it
7. Insuperable 7. Any person who fails to perform an act That an act is required by law to be done
cause. required by law, when prevented by some That a person fails to perform such act
lawful insuperable cause. That his failure to perform such act is due
to some lawful or insuperable cause
Art. 15. Their concept. Alternative Aggravating Mitigating
circumstances are those which
must be taken into consideration
as aggravating or mitigating
according to the nature and effects
of the crime and the other
conditions attending its
commission. They are the
relationship, intoxication and the
degree of instruction and
education of the offender.
The alternative circumstance of Crimes against persons Crimes against property
relationship shall be taken into Committed against relative of a Crimes against persons
consideration when the offended higher degree or of the same Committed against relative of
party in the spouse, ascendant, level lower degree
descendant, legitimate, natural, or Serious physical injuries
adopted brother or sister, or Homicide and murder and rape
relative by affinity in the same regardless of the degree
degrees of the offender. Crimes against chastity

The intoxication of the offender If habitual If not habitual

shall be taken into consideration as If it is intentional If not subsequent to the plan to
a mitigating circumstances when commit felony
the offender has committed a
felony in a state of intoxication, if
the same is not habitual or
subsequent to the plan to commit
said felony but when the
intoxication is habitual or
intentional, it shall be considered
as an aggravating circumstance.
The degree of instruction and When offender took advantage of Low de
education of the offender. his learning in committing the
crime
Art. 14. Aggravating The following are aggravating
circumstances. circumstances:
ADVANTAGE TAKEN 1. That advantage be taken by the
offender of his public position.
CONTEMOPT TO PUBLIC 2. That the crime be committed in 1. That the public authority I
AUTHORITIES contempt or with insult to the engaged in the exercise of his
public authorities. functions

2. That the public authority is not

the person against whom the
crime is committed

3. The offender knows him to be a

public authority

4. His presence has not prevented

the offender from committing the
criminal act
DISREGARD TO R.A.S.D 3. That the act be committed with 1.Sex = Female
insult or in disregard of the 2.Dwelling inherent in Robbery
respect due the offended party
on account of his rank, age, or
sex, or

That it be committed in the

dwelling of the offended party, if
the latter has not given
provocation.

UNGRATEFULNES 4. That the act be committed with Abuse of confidence

abuse of confidence or obvious That the offended party had
ungratefulness. trusted the offender
That the offender BUSED THE
confidence of the offended party
That the abuse of confidence
facilitated the commission of the
crime
Obvious ungratefulness
That the offended party had
trusted the offender
Abused such trust by committing a
crime against the offended party
That the act be committed with
obvious ungratefulness
PRESENCE OF PRES./CHURCHES 5. That the crime be committed in When it facilitated the
the palace of the Chief Executive commission of the crime
or in his presence, or where When especially sought for by the
public authorities are engaged in offender to insure the commission
the discharge of their duties, or in of the crime or for the purpose of
a place dedicated to religious impunity
worship. When the offender took
advantage thereof for the purpose
of impunity
6. That the crime be committed in
the night time, or in an
uninhabited place, or by a band,
whenever such circumstances
 may facilitate the commission of
the offense.
Whenever more than three
armed malefactors shall have
acted together in the commission
of an offense, it shall be deemed
to have been committed by a
band.

7. That the crime be committed

on the occasion of a
conflagration, shipwreck,
earthquake, epidemic or other
calamity or misfortune.

8. That the crime be committed 1. that the men or persons took

with the aid of armed men or part in the commission, directly or
persons who insure or afford indirectly
impunity. 2. that the accuser availed himself
of their aid or relied upon them
when the crime was committed

recidivist 9. That the accused is a recidivist.

That the offender is on trial for an
A recidivist is one who, at the offense
time of his trial for one crime, That he was previously convicted
shall have been previously by final judgment of another
convicted by final judgment of crime
another crime embraced in the That both the first and the second
same title of this Code. offenses are embraced in the
same title of the code
That the offender is convicted of
the new offense
Reiteracion or habituality 10. That the offender has been 1. That the accused is on trial for
previously punished by an offense an offense
to which the law attaches an 2. That he previously served
equal or greater penalty or for sentence for another offense to
two or more crimes to which it which the law attaches an equal
attaches a lighter penalty. or greater penalty or 2 or more
lighter penalties than that for the
new offense
3. That he is convicted of the new
offense
11. That the crime be committed Reward must be the primary
in consideration of a price, reason or premordial motive for
reward, or promise. the commission of the crime

12. That the crime be committed

by means of inundation, fire,
poison, explosion, stranding of a
vessel or international damage
thereto, derailment of a
locomotive, or by the use of any
other artifice involving great
waste and ruin.

13. That the act be committed The time when the offender
with evidence premeditation. determined to commit the crime
 An act manifestly indicating that
the culprit has clung to his
determination
A sufficient lapse of time between
the determination and execution,
to allow him to reflect upon the
consequences of his act and to
allow his conscience to overcome
the resolution of his will
14. That the craft, fraud or
disguise be employed.
15. That advantage be taken of
superior strength, or means be
employed to weaken the defense.

alevosia 16. That the act be committed That at the time of the attack, the
with treachery (alevosia). victim was not in a position to
There is treachery when the defend himself
offender commits any of the That the offender consciously
crimes against the person, adopted the particular means,
employing means, methods, or method or form of attack
forms in the execution thereof employed by him
which tend directly and specially
to insure its execution, without Considered present in:
risk to himself arising from the mistake in personnae and
defense which the offended party aberratio ictus
might make.

17. That means be employed or

circumstances brought about
which add ignominy to the
natural effects of the act.

18. That the crime be committed Unlawful entry when perpetrator

after an unlawful entry. enters through an opening not
meant for entry.
19. There is an unlawful entry
when an entrance of a crime a
wall, roof, floor, door, or window
be broken.

20. That the crime be committed

with the aid of persons under
fifteen years of age or by means
of motor vehicles, motorized
watercraft, airships, or other
similar means. (As amended by
RA 5438).

21. That the wrong done in the 1. that the injury caused be
commission of the crime be deliberately increased by causing
deliberately augmented by other wrong
causing other wrong not 2. that the other wrong be
necessary for its commissions. unnecessary for the execution of
the purpose of the offender
Par 1. INCOMPLETE JUSTIFYING OR EXEMPTING CIRUMSTANCES
 Applies, when all the requisites necessary to justify the act or to exempt from criminal liability
are NOT attendant.
 It is considered a privileged mitigating circumstance, provided, majority of the elements
required to justify or exempt are present.
 But in the case of “incomplete self-defense, defense of relatives, and defense of a stranger,”
unlawful aggression must be present, it being an indispensable requisite.

Par 2. UNDER 18 OR OVER 70 YEARS OLD

 It is the age of the accused at the time of the commission of the crime which should be
determined. His age at the time of trial is immaterial.
LEGAL EFFECTS OF VARIOUS AGES OF OFFENDER
 15 and below – exempting
Privileged mitigating circumstance
Above 15 but under 18 – exempting unless acted with discernment – But even with
discernment, penalty is reduced by one (1) degree lower than that imposed. (Art 68, par 2,
amended by RA 9344)
Minor delinquent under 18 years of age – sentence suspended (Art 192, PD 603 as amended by
PD 1179, referred to as Children in Conflict with the Law under RA 9344).
Child in Conflict with the Law – refers to a child who is alleged as, accused of, or being adjudged
as, having committed an offense under Philippine laws.
 18 years or over – full criminal responsibility
 70 years or over – mitigating, no imposition of death penalty if already imposed execution of
death penalty is suspended and committed
BASIS: Diminution of intelligence

Par 3. NO INTENTION TO COMMIT SO GRAVE A WRONG (Praeter Intentionem)

 Offender did not intend to commit so grave a wrong
 Disproportion of the means employed to execute the crime and the consequences produced
Rule for the application:
Can be taken into account only when the facts proven show that there is a notable and evident
disproportion between the means employed to execute the criminal act and its consequences.
> Intention may be ascertained by considering:
(a) The weapon used
(b) the part of the body injured
(c) The injury inflicted
(d) The manner it is inflicted
> Not applicable to felonies by negligence.
> Not applicable to felonies where intention is immaterial.
> Not appreciated in murder qualified by treachery (Reyes).
BASIS: Lack or diminution of intent

Par 4. PROVOCATION OR THREAT

PROVOCATION is understood as any unjust or improper conduct or act of the offended party, capable of
exciting, inciting, or irritating any one.

REQUISITES:
(1) The provocation must be sufficient.
> Sufficient means adequate to excite a person to commit the wrong and must accordingly be
proportionate to its gravity (People vs. Nabora, 73 Phil 434, 435)
> Depends on:
(a) The act constituting the provocation
(b) The social standing of the person provoked
(c) The place and time when the provocation is made
(2) It must originate from the offended party.
(3) The provocation must be personal and directed at the accused.
(4) The provocation must be immediate to the commission of the crime by the person who is provoked.
> The threat should not be offensive and positively strong. Otherwise, the threat to inflict real injury is
an unlawful aggression, which may give rise to self-defense.
BASIS: Diminution of intelligence and intent

Par 5. IMMEDIATE VINDICATION OF RELATIVES OR HIMSELF or VINDICATION OF GRAVE OFFENSE

REQUISITES:
(1) That there must be a grave offense done to the one committing the felony; his spouse; ascendants;
descendants; legitimate, natural or adopted brothers
or sisters or relatives by affinity within the same degrees.
(2) That the felony is committed in immediate vindication of such grave offense.
> “Immediate” allows a lapse of time unlike in sufficient provocation, as long as the offender is still
suffering from the mental agony brought by the offense to him.

To determine whether the personal offense is grave, the following must be considered:
(1) Social standing of the person
(2) Time when the insult was made
(3) Place where the insult was made
(4) Sometimes, even the age is considered
BASIS: Diminution of the conditions of voluntariness

Par 6. PASSION OR OBFUSCATION

 The infliction of injury must be immediate from the act that caused passion or obfuscation.
 ELEMENTS:
(1) The accused acted upon an impulse.
(2) The impulse must be so powerful that it naturally produced passion or obfuscation.

REQUISITES:
(1) That here be an act, both unlawful and sufficient to produce such a condition of mind
(2) That said act which produced the obfuscation was not far removed from the commission of the crime
by a considerable length of time, during which the perpetrator might recover his normal equanimity.
(3) The act causing such obfuscation was committed by the victim himself.
> The passion or obfuscation should arise from lawful sentiments in order to be mitigating.
> May lawfully arise from causes existing only in the honest belief of the offender.
BASIS: Loss of reasoning and self-control, thereby diminishing the exercise of his willpower.

Passion or Obfuscation is NOT mitigating when committed:

(1) In the spirit of lawlessness
(2) In the spirit of revenge

Passion or obfuscation cannot CO-EXIST with:

(1) Vindication of grave offense
(2) Treachery

Par 7. SURRENDER AND CONFESSION OF GUILT

TWO MITIGATING CIRCUMSTANCES:

(1) Voluntary surrender to a person in authority or his agents.
(2) Voluntary confession of guilt before the court prior to the presentation of evidence for the
prosecution.
> If both are present in the same case they have the effect of two independent circumstances (People
vs. Fontalba, 61 Phil 589) and in the absence of aggravating circumstances, they will reduce divisible
penalties by one degree (Art 64[5]).
REQUISITES OF VOLUNTARY SURRENDER:
(1) That the offender had not been actually arrested
(2) That the offender surrendered himself to a person in authority or to the latter’s agents
> Person in authority is one directly vested with jurisdiction which is the power to govern and execute
the laws, whether as an individual or as a member of some court or governmental corporation, board or
commission.
> Agent of a person in authority is one who by direct provision of the law or by election, or by
appointment by competent authority is charged with the maintenance of public order, and the
protection and security of life and property, and any person who comes to the aid of persons in
authority (Art 152 as amended by RA 1978).
(3) That the surrender was voluntary.
A surrender to be voluntary must be spontaneous, showing the intent of the accused to submit himself
unconditionally to the authorities, either because:
(1) He acknowledges his guilt.
(2) He wishes to save them the trouble and expense necessarily incurred in the search and capture.

REQUISITES FOR VOLUNTARY PLEA OF GUILTY:

(1) that the offender spontaneously confessed his guilt.
(2) That the confession of guilt was made in open court, that is, before the competent court that is to try
the case.
(3) That the confession of guilt was made prior to the presentation of evidence for the prosecution.
> Even after arraignment, voluntary confession can still be mitigating, when with the consent of the
public prosecutor, there is an amendment in the information.
> Voluntary confession is usually done during the arraignment.
> What has been admitted need not be proven by evidence; judgment can already be rendered but both
sides can still present evidence to prove aggravating or mitigating circumstances.
> During arraignment, charges must be read to the accused in open court in a language known to him; if
the charges are read in a language not known to him, the arraignment or plea is void. It is the duty of
courts to read charges in a language known to him.
> Promulgation is physical and actual reading of the sentence to the accused. It can be limited to just the
dispositive portion or “wherefore” clause. If there is an acquittal, the decision is final and executory and
not appealable because of the risk of double jeopardy (People vs. Ang Cho Kio, 95 Phil 475). If there is a
conviction, the accused has 15 days to avail of legal remedies, if not availed after the said period, the
conviction becomes final and executor.
REASON: Plea of guilty is an act of repentance and respect for law; it indicates a moral disposition in the
accused, favorable to his reform.
BASIS: Lesser perversity of the offender

Par 8. PHYSICAL DEFECT OF THE OFFENDER

> When the offender is deaf and dumb, blind or otherwise suffering from some physical defect,
restricting his means of action, defense or communication with other
> The physical defect must relate to the offense committed. E.g. blindness does not mitigate estafa
BASIS: Offender does not have complete freedom of action; diminution of freedom and voluntariness

Par 9. ILLNESS OF THE OFFENDER

 REQUISITES:
(1) that the illness of the offender must diminish the exercise of his willpower.
(2) That such illness should not deprive the offender of consciousness of his acts.
 Includes illness of the mind not amounting to insanity.
BASIS: Diminution of intelligence and intent

Par 10. SIMILAR ANALOGOUS CIRCUMSTANCES

EXAMPLES:
(1) Impulse of jealousy, similar to passion and obfuscation.
(2) Testifying for the prosecution, analogous to plea of guilty.
(3) Over 60 years old will failing sight, similar to over 70 years of age under par 2.