Table of Requisites Circumstances converted PDF

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JUSTIFYING CIRCUMSTANCES - Where the act of the person is said to be in accordance with the law, so that such person is deemed no to have transgressed the law. Basis: lack of dolo Criminal liability: none; act is justified Civil liability: none; except in par. 4, Article 11 (avoidance of greater evi...

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JUSTIFYING CIRCUMSTANCES - Where the act of the person is said to be in accordance with the law, so that such person is deemed no to have transgressed the law. Basis: lack of dolo Criminal liability: none; act is justified Civil liability: none; except in par. 4, Article 11 (avoidance of greater evil), where the civil liability is borne by the persons benefited by the act in proportion to the benefit they may have received Burden of proof: rests on the accused Defense of person, right, property or 1. Unlawful aggression honor 2. Reasonable necessity of means employed to prevent or repel it; and, 3. Lack of sufficient provocation on the part of the person defending himself Defense of relatives 1. Unlawful aggression 2. Reasonable necessity of means employed to prevent or repel it; and, 3. Lack of sufficient provocation on the part of the relative, or in case of provocation, the one making the defense had NO part therein Defense of Strangers 1. Unlawful aggression 2. Reasonable necessity of means employed to prevent or repel it; and, 3. The person defending was not induced by revenge, resentment or other evil motive Avoidance of greater evil 1. Evil sought to be avoided actually exists 2. Evil or injury must not have been produced by the one invoking the justifying circumstances 3. Injury feared be greater than that done to avoid it; and, 4. There are no other practical and less harmful means of preventing it Fulfillment of duty or lawful exercise 1. Offender acted in performance of duty or in the lawful exercise of a right or office; and, of right 2. The injury caused of the offense committed be the necessary consequence of the due performance of duty of the lawful exercise of such right or office Obedience to superior order 1. Order must have been issued by a superior 2. The order is for some lawful purpose 3. Means used to carry it out must be lawful

EXEMPTING CIRCUMSTANCES Grounds for exemption from punishment because the agent of the crime is wanting any of the conditions which make the act voluntary or negligent. The reason for the exemption lies on the complete absence of intelligence, freedom of action, or intent, or on the absence of negligence on the part of the accused. Burden of proof lies on the prosecution. However, once the defendant admits the commission of the offense charged, but raises an exempting circumstance as a defense, the burden of proof is shifted to him. Exempting Circumstance Requisites Basis Insanity or imbecility

Imbecile or insane person did not act during lucid interval

Absence of intelligence

Minority; without discernment

1. Accused is 15 years old and below; and, 2. Accused is between 15 and 18 years old, and he acted WITHOUT discernment

Absence of intelligence

Accident

1. 2. 3. 4.

Lack of negligence and intent

A person is performing a lawful act; Act was done with due care He causes an injury to another by mere accident Without fault or intention of causing it

Irresistible force

Uncontrollable fear

Insuperable or lawful cause

1. 2. 3. 1. 2. 3.

There is compulsion by means of physical force Physical force must be irresistible; and, Physical force must come from a third person Existence of an uncontrollable fear Fear must be real and imminent Fear of an injury is greater than or equal to that committed

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

Absence of freedom

Absence of freedom

Lack of intent

MITIGATING CIRCUMSTANCES If present, these circumstances do not entirely free the actor from criminal liability but serve only to reduce the penalty. Mitigating Circumstance Requisites

Basis

Incomplete justification /exemption Conditional minority

A majority, but not all, elements of justifying and exempting circumstances are present Offender is above 15 but below 18 years of age

Diminution of intelligence

No intention to commit so grave a wrong Sufficient provocation or threat

There is notable and evident disproportion between the means employed to execute the criminal act and its consequences 1. Provocation must be sufficient 2. It must originate from the offended party 3. It must be personal and directed to the accused 4. It must be immediate to the act 1. That there be a grave offense done to one 2. That the felony is committed in vindication of such grave offense. 3. The vindication need not be done by the person upon whom the grave offense was committed 1. impulse 2. The impulse must be so powerful that it naturally produces passion or obfuscation in him 3. That there is an act, both unlawful and sufficient to produce such condition of mind; and, 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. Voluntary Surrender: 1. Offender had not been actually arrested 2. Offender surrendered himself to a person in authority or to the latter’s agent 3. Surrender was voluntary.

Diminution of intent

Immediate vindication of a grave offense

Passion or obfuscation

Voluntary surrender or plea of guilt

Plea of guilt: 1. Offender spontaneously confessed his guilt 2. Confession of guilt must be made in open court/competent court; and,

Diminution of intelligence and intent

Diminution of voluntariness

Diminution of intelligence and intent

Lesser perversity of the offender

Confession of guilt was made prior to the presentation of evidence for the prosecution Physical defects

Illness

3. The offender is: - Deaf and dumb - Blind - Otherwise suffering from some physical defect which thus restricts his means of: - Action - Defense - Communication with his fellow beings 4. Physical defect must have a relation to the commission of the crime 1. Illness must diminish the exercise of will-power 2. Should not deprive the offender of consciousness of his acts

Diminution of voluntariness

Diminution of intelligence and intent

AGGRAVATING CIRCUMSTANCES Aggravating Circumstance (1) Taking advantage of public office

Requisites 1. Offender is a public officer 2. Such officer used the influence, prestige or ascendancy which his office gives him

(2) In contempt of or with insult to public authorities

(3) with insult or lack of regard due to offended party by reason of rank, age or sex

(4) Dwelling

(5) Abuse of confidence

(6) Obvious ungratefulness

3. the same was used as means by which he realizes his purpose 1. Public authority is engaged in the exercise of his functions 2. Public authority is not the person against whom the crime is committed 3. offender knows him to be a public authority 4. his presence has not prevented the offender from committing the criminal act 1. Insult or disregard was made on account of:

Basis Personal circumstance of the offender and the means to secure the commission of the crime Lack of respect for the public authorities

Personal circumstances of the offended party

a. Rank – designation or title used to fix the relative position of the offended party in reference to others. There must be a difference in the social condition of the offender and offended party. b. Age – may refer to old age or tender age of the victim c. Sex – refers to female sex 2. Such insult or disregard was deliberately intended 1. Act was committed in the dwelling, which may pertain to a: a. building b. structure which is c. exclusively used for rest and comfort 2. Offended party must not give provocation 1. Offended party had trusted the offender 2. offender abused such trust by committing a crime against the offended party 3. the abuse of confidence facilitated the commission of the crime 1. Offended party trusted the offender 2. offender abused such trust 3. act was committed with abuse ungratefulness

Place of the commission of the crime

Means and ways employed in the commission of the crime Means and ways employed in the commission of the crime

(7) in the palace of the CE or in his presence, or where public authorities engaged in the discharge of their duties, or in a place dedicated to religious worship (8) Nighttime, uninhabited place, by a band

1. The crime was committed: a. in the palace of the Chief Executive; b. In his presence, or c. where public authorities are engaged in the discharge of their duties, or d. in a place dedicated to religious worship Circumstance of nighttime, uninhabited place or band: 1. facilitated the commission of the crime; and, 2. was especially sought for by the offender to insure the commission of the crime or for the purpose of impunity

Place of the commission of the crime

(9) On occasion of calamity

The offender must take advantage of the calamity or misfortune

(10) aid of armed men or means to ensure impunity

1. that the armed men or persons took part in the commission of the crime, directly or indirectly; and,

Time and place of the commission of the crime Means and ways employed in commission of the crime

(11) Recidivism

(12) reiteracion or habituality

(13) price, reward, or promise (14) Inundation, fire, poison, explosion, etc.

(15) Evident premeditation

2. accused availed himself of the aid or relied upon them when the crime was committed 1. Offender is on trial for an offense 2. he was previously convicted by final judgement of another crime 3. that both the 1st and 2nd offenses are embraced in the same title of the code; and, 4. Offender is convicted of the new offense 1. Accused is on trial for an offense 2. he previously served sentence for another offense to which the law attaches: a. an equal or greater penalty, or b. for 2 or more crimes to which it attaches lighter penalty than that for the new offense; 3. that he is convicted of the new offense 1. there must be two or more principals; 2. price, reward or promise must be for the purpose of inducing another to perform the deed Crime was committed by means of: 1. inundation 2. fire 3. poison 4. explosion 5. stranding of a vessel 6. intentional damage to a vessel 7. derailment of a locomotive 8. any other artifice involving great waste and ruin Prosecution must prove: 1. Time when the offender determined to commit the crime; 2. An act manifestly indicating that the culprit has clung to his determination; and 3. 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

Time, place and means of the commission of the crime

Inclination to commit crime

Inclination to commit crime

Motivating power Means and ways employed in commission of the crime

Means and ways employed in commission of the crime

(16) Craft, fraud, or disguise

(17) Superior strength means to weaken defense

or

(18) Alevosia (treachery)

That the crime was committed by means of: 1. Craft: intellectual trickery and cunning on the part of the accused 2. Fraud: insidious words or machinations used to induce the victim to act in a manner which would enable the offender to carry out his design; or, 3. Disguise: Any device to conceal identity 1. there is notorious inequality of forces between victim and aggressor 2. Offender purposely used excessive force out of proportion to the means of defense available to the persons attacked 1. Offender consciously adopts particular means, method, or forms tending directly and specially to ensure the execution of the crime

Means and ways employed in commission of the crime

Means and ways employed in commission of the crime

Means and ways employed in commission of the crime

2. the employment of such means gave the offended party no opportunity to defend himself or retaliate (19) Ignominy (20) Unlawful entry (21) Breaking wall, floor, roof

(22) with aid of persons under 15 (23) By motor vehicles, airships, or other similar means

The means employed or the circumstances brought about must tend to make the effects of the crime more humiliating or to put the offended party to same Entrance is effected by way not intended for the purpose 1. Breaking the wall, roof, floor, door, or window is a means to the commission of the crime; and, 2. breaking was used as a means to effect Entrance and not merely for escape Commission of the crime is committed with the aid of children under 15 years of age 1. That any of the following was used: a. motorized vehicles; or b. other efficient means of transportation similar to automobile or airplane

Means and ways employed in commission of the crime Means and ways employed in commission of the crime Means and ways employed in commission of the crime Means and ways employed in commission of the crime Means and ways employed in commission of the crime

2. the same was used as means of committing the crime, such as by using the same to: a. go to the place of the crime b. carry away the effects thereof; and c. facilitate their escape (21) Cruelty

1. injury caused was deliberately increased by causing other wrong;

Means and ways employed in commission of the crime

2. other wrong was unnecessary for the execution of the purpose of the offender ALTERNATIVE CIRCUMSTANCES These are circumstances which may be taken in consideration, as aggravating or mitigating according to the nature and effects of the crime and other conditions attending its commission. (1) Relationship RELATIONSHIP AS EXEMPTING CIRCUMSTANCE 1. When the accessory is related to the principal 2. death under exceptional circumstances 3. select crimes against property

(2) Intoxication

(3) Degree of Education

RELATIONSHIP AS MITIGATING CIRCUMSTANCE 1. In crimes against property (robbery, usurpation, fraudulent insolvency, arson) 2. when the crime is less serious or slight physical injuries In trespass to dwelling INTOXICATION AS EXEMPTING CIRCUMSTANCE Requisites: a. Act was done due to alcoholic intake of the offender, he suffers from diminished self-control b. offender is not a habitual drinker c. offender did not take the alcoholic drink with the intention to reinforce his resolve to commit the crime INTOXICATION AS EXEMPTING CIRCUMSTANCE Requisites: a. Act was done due to alcoholic intake of the offender, he suffers from diminished self-control b. offender is not a habitual drinker Refers to the lack of sufficient intelligence of and knowledge of the full significance of one’s act To be considered mitigating, degree of education must have some reasonable connection to the offense Exceptions: a. crime against property b. crimes against chastity c. treason d. rape e. murder or homicide *High degree of education may be appreciated as aggravating when the offender availed himself or took advantage of it in committing the crime...