CIRCUMSTANCES AFFECTING

CRIMINAL LIABILITY
ART. 12 – EXEMPTING CIRCUMSTANCES
EXEMPTING CIRCUMSTANCES

Par. 1 – Imbecility or insanity

An imbecile is exempt in all cases from criminal liability, but an insane is

not exempt if shown to have acted during lucid interval

Imbecile - one who has mental development comparable to child

between 2 and 7 years of age
EXEMPTING CIRCUMSTANCES

Par. 1 – Imbecility or insanity

Insanity – there should be complete deprivation of intelligence, acting

without the least discernment and there’s total deprivation of
freedom of the will

Mere abnormality not enough, but can be a mitigating circumstance

Insanity must be proved to be present at time preceding the act or at

the very moment of execution of act
EXEMPTING CIRCUMSTANCES

Par. 2 – Minority

Under RA No. 9344, age of no criminal liability raised from 9 years old
to 15 years old

Child above 15 years old but below 18 years old is exempt unless he acted
with discernment

Discernment – capacity at time of commission of act to understand the

difference between right and wrong and the consequences of the act
EXEMPTING CIRCUMSTANCES

Par. 2 – Minority

Discernment may be proved by manner of committing crime and actions/

behavior of offender

In minority, what’s being considered is person’s chronological age;

in imbecility, it’s his mental age/development

Seniority - not an exempting circumstance but may be mitigating under

Art. 13, par. 2 of RPC if offender is over 70 years old
(Note: under Senior Citizen law, person is considered senior upon
reaching 60 years old)
EXEMPTING CIRCUMSTANCES

Par. 3 of Art. 12 – repealed by RA No. 9344 because a person over 9 and

under 15 is not conditionally exempt but totally exempt from
criminal liability

A child totally exempt from criminal liability for being 15 or below, or above 15
but below 18 who didn’t act with discernment, should undergo
intervention program

Intervention – series of activities which are designed to address issues that

caused the child to commit an offense; individualized treatment program,
may include counseling, skills training, education, and other activities that
will enhance child’s psychological, emotional and psycho-social well-being
EXEMPTING CIRCUMSTANCES

Sec. 20 of RA No. 9344 –

If it has been determined that the child taken into custody is 15 years old or
below, the authority which will have an initial contact with the child has duty
to immediately release the child to the custody of his parents or guardian, or
in their absence, the child’s nearest relative, then notify local social welfare
and development officer who will determine the appropriate programs in
consultation with the child and to the person having custody over the child
EXEMPTING CIRCUMSTANCES

A child who is above 15 years old but below 18 who acted with discernment
will undergo diversion program

Diversion - refers to an alternative, child-appropriate process of determining

the responsibility and treatment of a child in conflict with the law on the
basis of his social, cultural, economic, psychological or educational
background without resorting to formal court proceedings

A child above 15 but under 18 who acted with discernment and found guilty
is entitled to suspension of sentence without need of application
EXEMPTING CIRCUMSTANCES

Suspension of sentence is applicable even if accused reaches 18 or more

at time of pronouncement of guilt, but should not be more than 21 years old

Sec. 40 of RA No. 9344 -

If child in conflict with law reaches 18 while under suspended sentence, the court
shall determine whether to discharge him, to order execution of sentence, or to
extend the suspended sentence for a certain specified period or until the child
reaches the maximum age of 21 years
EXEMPTING CIRCUMSTANCES

Par. 4 – Accident

Requisites -

1. Act performed is lawful

2. Performance of act is with due care
3. Act causes injury to another by accident
4. Injury caused is not intentional or by fault
EXEMPTING CIRCUMSTANCES

Par. 4 – Accident

Requisites -

1. Act performed is lawful

2. Performance of act is with due care
3. Act causes injury to another by accident
4. Injury caused is not intentional or by fault

Accident – something which happens outside of man’s will and control,

and unforeseeable
EXEMPTING CIRCUMSTANCES

Par. 5 – Acting under compulsion of irresistible force

Requisites –

1. Compulsion is through physical force

2. Physical force is irresistible
EXEMPTING CIRCUMSTANCES

Par. 6 – Acting under impulse of uncontrollable fear of equal or

greater injury

Requisites:

1. Existence of uncontrollable fear of injury

2. Fear of injury is real and imminent
3. Fear of injury is greater or equal to that act committed by accused
EXEMPTING CIRCUMSTANCES

Par. 6 – Acting under impulse of uncontrollable fear of equal or

greater injury

Distinguished from acting under irresistible force –

▪ In irresistible force, accused acted due to violence or physical force employed

by third person, while in uncontrollable fear, accused acted due to
intimidation or threat employed by third person

▪ In irresistible force, violence or physical force is directed at accused,

while in uncontrollable fear, the threat of harm may be directed against
third person, not necessarily the accused, such as his wife or child
EXEMPTING CIRCUMSTANCES

Par. 7 – Failing to perform act when prevented by lawful or

insuperable cause

Requisites -

1. Law requires an act

2. Accused fails to perform that act
3. Failure to perform is due to lawful or insuperable cause