JUSTIFYING.docx

JUSTIFYING Self-defense Unlawful aggression Reasonable necessity of the means used to repel or prevent the UA Lack of sufficient provocation on the part of the accused Defense of relatives UA RN In case the provocation was given by the relative, the accused had no part therein Defense of strangers UA RN The accused is not induced by revenge, resentment or other evil motive Avoidance of a greater evil or injury (state of necessity) The evil sought to be avoided actually exists Injury feared greater than that done to avoid it No other practical and less harmful means of preventing it Fulfillment of a duty and lawful exercise of a right or office Offender acted in the performance of a duty or the lawful exercise of a right or office Injury caused or the offense committed is the necessary consequence of the due performance of such right or office “Self-help”

Obedience to an order for some lawful purpose order issued by a superior order is for a lawful purpose

EXEMPTING Insanity or imbecility Deprivation of intelligence Without the least discernment Mere abnormality of the mental faculties will not exclude imputability Minority (15 yrs. of age or under, RA 9344) Exempt from criminal liability, however he shall be subjected to an intervention program Minority (above 15 below 18 if acting without discernment) Exempt from criminal liability and subjected to intervention program, unless he acted with discernment that he shall be subjected to a diversion program Performance of a lawful act with due care (accident) accused was performing a lawful act with due care injury is caused by mere accident no fault or intent of causing injury Compulsion of an irresistible force (physical force) physical force from an outside force; accused acts outside of his will reduced to a mere instrument; lack of freedom duress, fear, intimidation must be PRESENT, IMMINENT and IMPENDING that it induces a grounded fear of death or serious bodily injury if the act is not done

Uncontrollable fear of an equal or greater injury (moral or psychological compulsion) THREAT which caused the fear of an evil greater than or at least equal to that which the accused was required to commit Threat promised an evil of such gravity and imminence that the ordinary man would have succumbed to it

MITIGATING Note: When all requisites present – Justifying 2 requisites, one of which must in all cases be UA – privileged mitigating lowers the penalty by one or more degrees, where divisible or indivisible minority

AGGRAVATING Abuse of public position

ALTERNATIVE Relation

Contempt or insult to public authorities

Intoxication

Insult or disregard of respect of a person on account of his rank, age, sex; dwelling, if offended has not given provocation

only UA – ordinary mitigating lowers the penalty to the min period; the penalty must be divisible; if 2 OMCs, lowered to one degree only senility (>70)

Abuse of confidence or obvious ungratefulness

incomplete justifying or mitigating circumstance Minority is always a PMC.

Nighttime; uninhabited place; band

Offender is under 18 or over 70

On the occasion of conflagration, shipwreck, earthquake, epidemic or other calamity or misfortune

Praeter intentionem Sufficient provocation or threat provocation must be sufficient must be immediate to the commission of the crime must originate from the offended party

Vindication of a grave offense to the one committing the felony or to his relatives ‘offense’ need not be a crime; it may be which offends the accused causing mental agony to him and moves him to vindicate himself of such offense Passion or obfuscation arose from offender’s lawful sentiment offended’s act is unlawful and sufficient to cause P and O

Voluntary surrender to authorities offender surrendered to a person in authority or his agent (accused must personally surrender himself, not his superior) offender surrendered before arrest is effected surrender must be voluntary (spontaneous and shows intent of the accused to submit himself unconditionally either because he acknowledges his guilt or he wishes to save them the trouble and expense incidental to his search and capture)

In the palace of the Chief Executive, or in his presence or where public authorities in the discharge of their duties are engaged; public worship

In aid of armed men or persons who insure or afford impunity Recidivist – one, who at the time of his trial for one crime, shall have been previously convicted by final judgment of another crime embraced in the same title of the RPC Previously punished for an offense with an equal or greater penalty or for two or more crimes with a lighter penalty In consideration of a prize, reward, or promise Means of inundation, fire, poison, explosion, stranding of a vessel or intentional damage thereto, derailment of a locomotive, or any other artifice involving great waster or ruin Evident premeditation Craft, fraud, or disguise Superior strength; means to weaken defense Treachery (alevosia) Means or circumstances which add ignominy to the natural effects of the act

Degree of instruction Education of the offender

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means used to carry such order is lawful

Failure to perform an act due to some lawful or insuperable cause law imposes a duty on the offender to perform an act but his failure to do so is due to a lawful or insuperable cause

no pending warrant of arrest or information must be filed prior to the surrender or if there is, accused has not been served thereof

Voluntary confession of guilt in open court prior presentation of prosecution’s evidence plea was made in open court spontaneous and unconditional made before prosecution presents evidence

Deaf, dumb, blind suffering from physical defect

Illness that diminishes exercise of will-power without depriving consciousness of one’s acts Circumstances of similar nature and analogous to the above-mentioned

Committed after an unlawful entry (committed when an entrance is effected by a way not intended for the purpose) Wall, roof, floor, door, or window be broken In aid of persons under 15 years, or by means of motor vehicle, watercraft, airship or other similar means Wrong done in the commission of the crime be deliberately augmented by causing other wrong not necessary for its commission