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Sir Aga.
Sir Aga.
Sir Aga.
Are those grounds for exemption from punishment, because there is wanting in the
agent of the crime any conditions which makes the act voluntary, or negligent.
BASIS :
THE EXEMPTION FROM PUNISHMENT IS BASED ON THE COMPLETE ABSENCE OF
INTELLIGENCE, FREEDOM OF ACTION, OR INTENT, OR ON THE ABSENCE OF NEGLEGENCE ON
THE PART OF THE ACCUSED.
AN IMBECILE OR AN INSANE PERSON, UNLESS THE LATTER HAS ACTED DURING A LUCID
INTERVAL;
NOTE :
3.)A PERSON OVER NINE(9) YEARS OF AGE AND UNDER FIFTEEN (15), UNLESS HE HAS ACTED
WITH DISCERNMENT ( RA 9344 –KNOWN AS JUVENILE JUSTICE AND WELFARE ACT ).
NOTE :
INTERVENTIONAL AND DIVERSIONAL PROGRAM
CHILD AT RISK – REFERS TO A CHILD WHO IS VULNERABLE TO AND AT THE RISK OF
COMMITTING CRIMINAL OFFENSES. ( INTERVENTIONAL )
CHILD IN CONFLICT WITH THE LAW – REFERS TO A CHILD WHO IS ALLEGED AS, ACCUSED OF, OR
ADJUDGED AS, HAVING COMMITTED AN OFFENSE UNDER PHILIPPINE LAWS. (DIVERSIONAL )
4.) ANY PERSON OVER 15 AND UNDER 18 YEARS OLD, UNLESS HE ACTED WITH
DISCERNMENT.
NOTE :
DISCERNMENT – REFERS TO MENTAL CAPACITY TO UNDERSTAND THE DIFFERENCE
BETWEEN RIGHT OR WRONG
5.) ANY PERSON WHO, WHILE PERFORMING A LAWFUL ACT WITH DUE CARE,CAUSES AN
INJURY BY MERE ACCIDENT WITHOUT FAULT OR INTERVENTION OF CAUSING IT;
6.) ANY PERSON WHO ACT UNDER THE COMPULSION OF IRRESISTABLE FORCE;
7.) ANY PERSON WHO ACTS UNDER THE IMPULSE OF AN UNCONTROLLABLE FEAR OF AN
EQUAL OR GREATER INJURY;
8. ) ANY PERSON WHO FAILS TO PERFORM AN ACT REQUIRED BY LAW, WHEN PREVENTED BY
LAWFUL OR INSUPERABLE CAUSE .
MITIGATING CIRCUMSTANCES ( ARTICLE 13 OF Revised Penal Code )
NOTE :