CRIM1- MEMORY AID : ART 11 – 15

Art. 11- Justifying (6) 6. Obedience to an order issued for some Lawful
Art. 12- Exempting (7) purpose
Art. 13- Mitigating (10) +1 Requisites:
Art. 14 - Aggravating (21) 1. Order issued by superior
Art 15 - Alternative (3) 2. Such order must be some lawful
purpose
ART. 11. JUSTIFYING CIRCUMSTANCES (S-R-S-A-F-O) 3. The means use by subordinate to carry
- Are acts of a person is said to be in accordance with law, out is lawful
so that such person is deemed not to have transgressed
the law and is free from both criminal & civil liability,
except par.4 where civil liability is borne by the persons ART. 12. EXEMPTING CIRCUMSTANCES (I-B9-U15- A-C-I-F)
benefited by the act. - Or circumstances of non-imputability
- Are grounds for exemption from punishment
1. Self- Defense - BASIS: absence of intelligence, freedom of action, or
Requisites: (U-R-L) intent, or absence of negligence on part of the accused.
1. Unlawful Aggression
2. Reasonable necessity to repel it 1. Imbecility or Insanity
Test of Reasonableness - Complete deprivation of intelligence
2.1. Weapon used by aggressor 2 Tests of Insanity:
2.2. Physical condition. Char, size & 1. COGNITION- depravity of intelligence
other circ. 2. VOLITION- depravity of freedom of will
2.3. Those of person defending himself
2.4. Place & occasion of assault 2. Person under 9 years of age
3. Lack of sufficient provocation on part
of person defending himself 3. Person over 9 & Under 15 years of age, acting
without DISCERNMENT
2. Defense of Relatives
Relatives (S-A-D—B-4-R) Discernment- mental capacity to fully appreciate the
consequences of unlawful act.
1. Spouse
2. Ascendants 4. A person while performing a lawful act with
3. Descendants due care, causes injury, by mere Accident w/o
4. Legitimate, natural or adopted fault or intent of causing it.
Brothers & Sisters Elements:
5. Relatives by consanguinity by 4th civil 1. Person is performing lawful act,
degree 2. With due care,
3. Causes injury to another by mere
accident
3. Defense of Stranger 4. w/o fault or intention of causing it.
Requisites: (U- R- R)
1. Unlawful Aggression 5. A person who acts under the Compulsion of
2. Reasonable necessity to repel it an irresistible force
3. Person defending not induced by Elements:
Revenge, resentment or evil motive. 1. Compulsion is by means of
physical force
2. Physical force must be irresistible
4. Avoidance of Greater Evil or Injury 3. Physical force must come from 3rd
Requisites: (E- I- N) person
1. Evil to be avoided actually exists
2. Injury feared is GREATER than done to 6. A person who acts under the Impulse of
avoid it; uncontrollable fear of an equal or greater
3. No other practical means to prevent it. injury
Elements:
5. Fulfillment of Duty: Lawful exercise of Right 1. The threat w/c causes fear is of
Requisites: greater w/c he is required to
1. Accused acted in performance of duty commit
2. Injury caused be the necessary 2. It promises an evil of such gravity
consequence of due performance of & imminence
duty

I-Estrellado (CRIM1- Atty. Evangelista) 1 of 4 By: A.deLeon : 2018estrellado@gmail.com (10.01.18)

CRIM1- MEMORY AID : ART 11 – 15
Duress is a valid defense based on real,
imminent, or reasonable fear of one’s life or
limb should not be speculative, fanciful or
remote fear
7. A person who Fails to perform an act required
by Law, when prevented by some lawful or
insuperable cause.
Elements:
1. That an act is required by law to
be done,
2. A person fails to perform such an
act
3. His failure to perform such act was
due to some insuperable cause.
ABSOLUTORY CAUSES
- A circumstance which offense by reason
of which, the accused who acts with
criminal intent, freedom & intent does not
incur criminal liability for an act w/c
constitutes a crime, such as:
1. Spontaneous desistance (Art.6)
2. Accessories who are exempt from
crim. Liability (Art.20)
3. Death or Physical injuries under
exceptional circ. (Art. 247)
4. Persons exempt from crim. Liability in
theft, swindling & malicious mischief
(Art. 332)
5. Instigation of absolutory cause.
REASON: An instigator induces
“would-be-accused’’ into commission
of offense.
ART. 13. MITIGATING CIRCUMSTANCES
( I-U18-N-P-V-P-S-P-I-A) +H
- Those which if present in the commission of the crime,
don’t entirely free the actor from criminal liability but serve
only to reduce the penalty
1. Incomplete Justifying or exempting circumstances
1.1 Applies when all the requisites necessary to
justify the act not attendant
1.2 In case of “incomplete self-defense, defense
of relatives, & defense of strangers”, unlawful
aggression must be present, it being
indispensable requisite.
2. Under 18, or over 70
LEGAL Effects of various ages of offender:
1. Age of absolute irresponsibility – under 9
(Art 12, par. 2)
2. Age of Mitigated responsibility- over 9 &
under 15, acting w/o discernment (Art.12,
par. 3; Art 68, par.1)
3. Minor delinquent (under 18)- PD1179,
4. Under 18, privileged mitigating (Art. 68)
I-Estrellado (CRIM1- Atty. Evangelista)
5. Age of full responsibility- 18 or over, FULL
Criminal liability
6. The age of mitigated responsibility- 70 &
over (Art. 13, par2) no imposition of death
penalty
3. No intention to commit so grave a wrong
3.1. If the offender had no intention to commit grave a
wrong as that committed. Only if facts are proven
to show notable & evident disproportion bet.
Means employed to execute the criminal act &
consequences.
3.2. Not applicable to CUPABLE Felonies
4. Provocation or Threat
- Is understood as any unjust or improper conduct of
the offended party, capable of exciting, inciting or
irritating any one.
REQUISITES: (S-O-I)
1. Provocation must be sufficient
2. Must originate from the offended party
3. Must be immediate to the commission of
the crime by the person who is provoked
The threat should be offensive & positively strong.
Otherwise, the threat is an unlawful aggression,
which may give rise to self-defense
5. Vindication of Grave Offense
REQUISITES:
1. There be grave offense done to committing
the felony, his spouse…by affinity with
same degrees
2. Felony is committed by vindication of such
grave offense
Immediate vindication means Proximate
6. Passion or Obfuscation
REQUISITES:
1. Accused acted upon impulse
2. Impulse must be powerful that it naturally
induced passion or obfuscation
REQUISITES OF THE MITIGATING CIRCUMSTANCE OF
PASSION OR OBFUSCATION
1. There be an act, both unlawful & sufficient
to produce condition of mind,
2. Act which produced obfuscation was not
far removed from the commission of the
crime by considerable length of time,
during which the perpetuator might
recover his normal equanimity.
REASON: When there are causes naturally producing
in a person powerful excitement, he loses his reason
& self- control, thereby diminishing his will power.
EXCEPTIONS: Even when there is actually passion or
obfuscation on the part of the offender, there is no
mitigating circ. If:
a. The act is committed in spirit of
lawlessness; or
b. Act committed in a spirit of revenge.
7. Surrender and Confession of a Guilt/ Pleas of
Guilty
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CRIM1- MEMORY AID : ART 11 – 15

7.1. Voluntary surrender to a person of authority 8. With aid if ARMED Men

7.2. Voluntary confession of guilt before the court, prior 9. Recidivist
to presentation of evidence. 10. Reitaracion or Habituality
11. Price, Reward, or Promise
REQUISITES:
12. By means of Inundation, Fire, etc
1. Offender had not been actually arrested 13. Evident Premeditation
2. That the offender surrendered himself to 14. Craft, Fraud, or Disguise
person of authority 15. Superior Strength or means to weaken Defense
3. That surrender was voluntary 16. Treachery (Alevosia)
WHEN SURRENDER VOLUNTARY- must be 17. Ignominy
spontaneous, showing intent to submit himself 18. Unlawful Entry
19. By wall, roof, door, or window be broken
unconditionally to authority.
20. Aid of Minor (under 15) by means of Motor vehicles
21. Cruelty
8. Physical Defect of the Offender
- Referred to such as being armless,
cripple, or a stutterer , whereby his 1. Advantage taken of Public Position
means to act, defend himself or TEST: Did the accused abuse his office in order to commit
communicate to fellow beings is limited. the crime?
It is essential that the physical defect has
some relation to the crime committed by 2. Contempt or Insult of Public Authorities
him. REQUISITES:
1. Public authority is engaged in the exercise of
9. Illness of the Offender (diminishes will power)
his functions
REQUISITES: 2. That he who is thus engaged in the exercise of
1. That the illness of the offender said function is NOT person against whom
diminishes the exercise of his will crime is committed
power, 3. Offender knows him to be a public authority
2. That such illness should not deprive 4. His presence has not prevented the offender
the offender of consciousness of his from committing the criminal act
acts. *Knowledge that PA is present is ESSENTIAL

10. Similar and Analogous Circumstances

- Authorizes the court to consider in favor
of the accused “any other circumstance of
a similar nature & analogous to those
mentioned” in para. 1 to 9 of Art 13.
11. Humanitarian Reason
(People v. Jarillo)
3. Disregard of Rank, Age, Sex, of Offended party
-only applicable to crimes against persons or honor
-NOT- crimes with passion, when there exists relationship
bet. Offended party and offender & when condition being a
woman is indispensable (parricide, abduction, rape,
seduction)
-That crime committed in the Dwelling of a person

ARTICLE 14. AGGRAVATING CIRCUMSTANCES Dwelling- must be building exclusively for rest & comfort.

- Are those which, if attendant in the commission of the crime serve to

INCREASE the penalty w/o exceeding to maximum penalty provided by
4. Abuse of Confidence; or Obvious Ungratefulness
law for the offense REQUISITES of Abuse of Confidence:
- BASIS: based on greater perversity of the offender manifested by: 1. That the offended party had trusted the offender
(1) Motivating power itself 2. That the offender abused such trust by committing a
(2) Place of commission crime against offended party
(3) Means & ways employed 3. Abuse of confidence facilitated the commission of
(4) Time crime
(5) Personal circumstances of offender
5. Places of Commission
FOUR KINDS OF AGGRAVATING CIRCUMSTANCES: PLACES:
1. Palace of the Chief Executive
I. GENERIC- dwelling, recidivism, price & reward 2. Presence of the Chief Executive
II. SPECIFIC-ignominy, chastity & cruelty 3. Where public officers are engaged in the discharge
III. QUALIFYING- abuse of confidence of their duties
IV. INHERENT- pre-med, theft or robbery 4. Place dedicated to the religious worship

(A-C-D-A-P-N-C-W-R-H-P-I-E-C-S-T-I-U-W-A-C) 6. Nighttime, Uninhabited place or Band

1. Advantage taken of Public Position
-aka Nocturne, Despoblado & Cuardrilla (more than
2. Contempt or Insult of Public Authorities
3. Disregard of Rank, Age, Sex, of Offended party 3 armed men)
4. Abuse of Confidence; or Obvious Ungratefulness 7. On Occasion of Calamity or Misfortune/
5. Places of Commission Conflagration
6. Nighttime, Uninhabited place or Band REASON: instead of lending aid in the midst of calamity, adds
- aka Nocturne, Despoblado & Cuardrilla
greater suffering by taking advantage of misfortune to despoil
7. On Occasion of Calamity or Misfortune
them.
I-Estrellado (CRIM1- Atty. Evangelista) 3 of 4 By: A.deLeon : 2018estrellado@gmail.com (10.01.18)
CRIM1- MEMORY AID : ART 11 – 15

APPLICABILITY:
8. With aid if ARMED Men (atleast 2 armed men) 1. Crimes against chastity
2. Less serious physical injuries
3. Light or grave coercion
9. Recidivist
4. And murder
REQUISITES:
1. That the offender is on Trial for an offense 18. Unlawful Entry
2. That he was previously convicted by final judgment -when entrance is effected by a way not intended for
of a crime purpose. Not for escape.
3. That both the 1st & 2nd offenses are embraced in the 19. By wall, roof, door, or window be broken
SAME title of the Code -considered aggravating, breaking door must be utilized as
4. That the offender is convicted of the new offense a means to commission of a crime

10. Reitaracion or Habituality 20. Aid of Minor (under 15) by means of Motor vehicles
FORMS OF REPITITION -TAKING ADVANTAGE of Minors
1. Recidivism (Art. 14, Para 9) -GREAT FACILITIES means to commit crime & flee
2. Reitaracion or habituality (Art 14, Para 10)
3. Multi- recidivism or habitual delinquency (Art. 21. Cruelty (ART 248)
62, Para 5) ESSENCE: when culprit enjoys & delights in making victim
4. Quasi-recidivism (Art. 160) suffer.
REQUISITES:
11. Price, Reward, or Promise 1. Injury caused be deliberately increased by
- Must be 2 or more principals, the one who gives offers causing other wrong;
& one who accepts 2. That the other wrong be unnecessary for the
- Evidence must show that accused used money for execution of the purpose of offender
purposes of inducing another to perform a deed
12. By means of Inundation, Fire, etc (poison, explosion) IGNOMINY VS. CRUELTY
Ignominy (para. 17) involves moral suffering, while
Cruelty (par. 21) refers to physical sufferings.
13. Evident Premeditation
- ESSENCE: must be preceded by cool thought &
reflection ART. 15. ALTERNATIVE CIRCUMSTANCES (R- I-D)
REQUISITES: -are those, must be taken into consideration as aggravating or
1. Proof of time when the offender det. To commit mitigating, accdg. To nature & effects of the crime
crime
2. Act manifestly indicating that the culprit has clung 1. Relationship
to his determination 2. Intoxication
3. Sufficient lapse of time bet. Det. & exec. Allow him
to reflect upon the consequences of his act 3. Degree of Instruction or education

14. Craft, Fraud, or Disguise 1. RELATIONSHIP- alternative consideration when

DEFINITIONS: offended party is:
1. CRAFT- involves use of intellectual trickery 1.1 Spouses
2. FRAUD- use of insidious words 1.2 Ascendants
3. DISGUISE- involves use of device to conceal identity 1.3 Descendants
1.4 Legitimate bros & sis
15. Superior Strength or means to weaken Defense
-To take advantage of superior strength means to use 2. INTOXICATION- meant that the offender’s mental
purposely, excessive force out to proportion to weaken faculties must be affected by drunkenness.
defense. 2.1 MITIGATING- not habitual intoxication
2.2 AGGRAVATING- Habitual Intoxication
16. Treachery (Alevosia)
-when offender commits crimes against Person, employing 3. DEGREE OF INSTRUCTION & EDUCATION
means in execution thereof which tend directly to insure its 3.1 Mitigating- Low degree
execution, w/o risk to himself arising from the defense 3.2 Aggravating- High Degree
which the offended party might make. EXCEPT in crimes which are inherently wrong, of which
every rational being is endowed to know and feel.
REQUISITES:
1. That the time of attack, victim was not in AGGRAVATING NOT PROVIDED under RPC
position to defend himself
2. Offender consciously adopted particular A. Under Influence of Dangerous Drugs Sec. 17 BP Blg. 179
means, method or form of attacked employed B. Use of Unlicensed Firearm PD 1866; RA 8294
C. Organized / Syndicated Crime Group Art. 23, RA 7659
17. Ignominy
-circumstance pertaining to moral order, which adds
disgrace & obloquy to material injury caused by crime

I-Estrellado (CRIM1- Atty. Evangelista) 4 of 4 By: A.deLeon : 2018estrellado@gmail.com (10.01.18)