CIRCUMSTANCES AFFECTING CRIMINAL LIABILITY
6. OBEDIENCE OF A LAWFUL ORDER
JUSTIFYING CIRCUMSTANCES
1. SELF-DEFENSE
i. Unlawful aggression;
ii. Reasonable necessity of the means
employed to prevent or repel it (Rational
equivalence);
iii. Lack of sufficient provocation on the part of
the person defending himself.
2. DEFENSE OF RELATIVES
i. Unlawful aggression;
ii. Reasonable necessity of the means
employed to prevent and repel it (Rational
equivalence);
iii. If the provocation was given by the relative,
the one making defense has no part therein.
3. DEFENSE OF STRANGERS
i. Unlawful aggression;
ii. Reasonable necessity of the means
employed to prevent and repel it (Rational
equivalence);
iii. Person defending may not be induced by
revenge, resentment, or other evil motive.
4. STATE OF NECCESITY
i. The evil sought to be avoided actually exists;
ii. The injury feared be greater than that done
to avoid it;
iii. There be no other practical and less
harmful means of preventing it.
5. PERFORMANCE OF DUTY
i. Accused must have acted in the
performance of a duty or in the lawful exercise
of a right or office;
ii. Injury caused or the offense committed
should have been the necessary consequence
of due performance of duty or lawful exercise
of right or office.
Ebo, MD (not claiming 100% accuracy)
i. Order has been issued by a superior;
ii. Such order must be for some lawful
purpose;
iii. Means used by subordinate to carry out
such order is lawful.
EXEMPTING CIRCUMSTANCES
1. IMBECILITY
- Mental age of the accused is that of a
child.
2. INSANITY
i. Test of Cognition – The mental condition of
the accused is an exempting circumstance of
insanity if there was a complete deprivation of
intelligence in committing the criminal act.
ii. Test of Volition – The mental condition of
the accused is a mitigating circumstance of
mental illness if there is deprivation of
freedom.
3. MINORITY
i. 15 years old and below – Exempting
ii. Above 15 years old but below 18 years old,
without discernment – Exempting
iii. Above 15 years old but below 18 years old,
with discernment – Privilege Mitigating
4. ACCIDENT
i. A person is performing a lawful act;
ii. It is performed with due care;
iii. He causes injury to another by mere
accident;
iv. Without any fault or intention of causing it.
5. IRRESISTIBLE FORCE
i. Somebody used force compelling the
accused to commit crime;
ii. The force used must be irresistible.
6. UNCONTROLLABLE FEAR
i. Existence of uncontrollable fear of injury;
ii. Fear of an injury must be real and imminent;
iii. Fear of an injury is greater than or at least
equal to that committed.
7. INSUPERABLE CAUSE
i. Fails to perform an act required by law;
ii. Prevented by some lawful or insuperable
cause.
MITIGATING CIRCUMSTANCES
1. INCOMPLETE JUSTIFICATION OR EXEMPTION
i. Majority of requisites are present –
Privileged mitigating circumstance.
ii. Minority of the requisites are present –
Ordinary mitigating circumstance
iii. Unlawful aggression is a sine qua non
requisite.
2. MINORITY
- Above 15 years old but below 18 years old,
with discernment – Privilege Mitigating
3. SENIORITY
- Accused is above 70 years old.
4. PRAETER INTENTIONEM
i. Offender had no intention to commit so
grave a wrong that as committed;
ii. Notable disparity between the means
employed by the accused to commit a wrong
and the resulting crime committed.
Ebo, MD (not claiming 100% accuracy)
5. THREAT
i. There must be a threat on the part of the
offended party;
ii. Threat must be sufficient;
iii. Threat must be immediately precede the
criminal act committed by the offender.
6. PROVOCATION SUFFICIENT PROVOCATION
i. There must be provocation on the part of the
offended party;
ii. Provocation must be sufficient
iii. Provocation must immediately precede the
criminal act committed by the offender.
7. VINDICATION OF A GRAVE OFFENSE
i. Victim committed grave offense;
ii. The grave offense was committed against
the:
i. Offender
ii. Spouse
iii. Ascendants
iv. Descendants
v. Legitimate, illegitimate, or adopted
siblings
vi. Relatives by affinity within the same
degree
iii. Offender committed the crime in
proximate vindication of such grave offenses.
8. PASSION OR OBFUSCATION
i. There was an act that was both unlawful and
sufficient to produce such condition of passion
or obfuscation of the mind;
ii. Such act was not far removed from the
commission of the crime by a considerable
length of time, during which the perpetrator
might have recovered his normal equanimity.
iii. Passion must arise from lawful sentiment of
the offender and not from the spirit of
lawlessness of revenge.
9. VOLUNTARY SURRENDER
i. The offender has not actually been arrested;
ii. The offender surrendered himself to a
person in authority;
iii. Surrender was voluntary.
10. VOLUNTARY CONFESSION
i. The accused spontaneously confessed his
guilt;
ii. Confession of guilt was made in open court;
iii. Confession was made before a competent
court trying the case;
iv. Confession of guilt was made prior to the
presentation of evidence by the prosecution.
11. PHYSICAL DEFECT
- Commits crime against another person in the
presence of the public authorities outside his
workplace.
2. PLACE OF COMMISION
- Crime is committed:
i. Malacañang Palace
ii. Place whenever the President was
present.
iii. Place where the public authorities
are engaged in the discharge of their
duty
- The person in authority was
engaged in his official functions
inside his office at the time the
crime was committed.
iv. Place dedicated to religious worship

Offender is: 3. DISREGARD OF RANK, SEX & AGE

i. Deaf and Dumb
ii. Blind i. Rank – Crime must be committed against a
iii. Suffering from Physical Defect person of a higher rank such as a person in
which thus restricts his means of authority not engaged in the performance of
action, defense, or communication duty.
with his fellow beings. ii. Sex – Accused deliberately intended to
offend or insult the sex of the victim, or
12. ILLNESS showed manifest disrespect to her
womanhood.
i. Offender is ill; Iii. Age – Accused deliberately intended to
ii. Illness diminishes the exercise of the will- offend or insult the age of the offended party.
power of the offender;
iii. It does not deprive him of consciousness of 4. DISREGARD OF DWELLING
his acts.
i. Offender committed crime in the dwelling of
13. OTHER ANALOGOUS CIRCUMSTANCE the offended party;
ii. Offender committed crime in disregard of
the respect which the dwelling is entitled;
AGGRAVATING CIRCUMSTANCES iii. Offender has not given provocation.

A. ORDINARY AGGRAVATING CIRCUMSTANCE 5. NIGHTTIME

- It can be offset by an ordinary mitigating
circumstance. - Accused intentionally chose the darkness of
the night to facilitate the commission of the
1. CONTEMPT OF OR INSULT TO PUBLIC crime or afford impunity.
AUTHORITIES

Ebo, MD (not claiming 100% accuracy)

6. CRAFT OR FRAUD
- Means employed to deceive the victim to
facilitate the commission of the crime and to
afford impunity.
7. AID OF MINOR
8. MOTOR VEHICLE
9. UNINHABITED PLACE
i. Uninhabited place was especially sought to
facilitate the commission of the crime.
ii. It was taken advantage to afford impunity.
- Determined not by the distance of the
nearest house to the scene of the crime but
whether or not there was reasonable
possibility of the victim receiving some help in
the place were the crime was committed.
- Uninhabited place in robbery by means of
violence of intimidation – Special aggravating
circumstance.
10. BAND (CUADRILLA)
i. There must be at least four malefactors;
ii At least four of them are armed;
iii. At least four of them took part or acted
together in the commission of the crime as
principals by direct participation.
11. AID OF ARMED MEN OR OF PERSONS WHO
INSURE OR AFFORD IMPUNITY
A. Armed Men
i. The armed men are accomplices who take
part in minor capacity, directly or indirectly;
ii. The accused availed himself of their aid or
relied upon them when the crim was
committed.
- Aid of armed men is a qualifying
circumstance in Murder.
B. Persons Who Insure or Afford Impunity
Ebo, MD (not claiming 100% accuracy)
- Offender purposely sought or consciously
relied upon persons to secure him against
detection and punishment.
- For both, they are qualifying circumstances in
Murder.
12. DISGUISE
- Deliberate concealment of the identity of the
accused in order to facilitate the commission
of the crime and to insure or afford impunity.
- Disguise may be treated as employment of
means to afford impunity, which will qualify
the killing into Murder.
13. CALAMITY OR MISFORTUNE
- The crime be committed on the occasion of:
i. Conflagration
ii. Shipwreck
iii. Earthquake
iv. Epidemic
v. Other calamity or misfortune
- Offender must take advantage of the
condition brought about by such calamity or
misfortune.
- Qualifying circumstance in Murder.
14. USING ARTIFICE INVOLVING GREAT WASTE AND
RUIN
- Crime be committed by means of:
i. Inundation
ii. Fire
iii. Explosion
iv. Stranding of a vessel or intentional
damage thereto
v. Derailment of a locomotive
vi. Use of any other artifice involving
great waste and ruin.
*i-v does not require great waste or
ruin
- Qualifying circumstance in Murder
15. TREACHERY (ALEVOSIA)
i. Offender commits any of the crimes against
the person
ii. Employing means, methods, or forms of
execution that are consciously adopted
iii. The execution thereof tends directly and
specially to insure its execution
iv. Without risk to himself arising from the
defense which the offended party might take.
- Qualifying circumstance in murder
16. EMPLOYMENT OF MEANS TO WEAKEN THE
DEFENSE
- It must be to weaken the defense, not to
make it impossible for the victim to put up a
defense.
- Qualifying circumstance in Murder.
17. ABUSE OF SUPERIOR STRENGTH
i. There is inequality of forces between the
victim and the aggressor
ii. Situation of superiority of strength is
notoriously advantageous for the aggressor
and is selected or taken advantage by him in
the commission of the crime
- Qualifying circumstance in Murder
18. CONSIDERATION OF PRICE, REWARD, OR
PROMISE
- Price, reward, or promise must be the
primary consideration in the commission of a
crime or felony.
- Qualifying circumstance in Murder
19. EVIDENT PREMEDITATION
i. The time when the offender determined to
commit the crime
ii. Act manifestly indicating that the offender
has clung to his determination
Ebo, MD (not claiming 100% accuracy)
iii. Sufficient interval of time between the
determination and the execution of the crime
to allow him to reflect upon the consequences
of his act.
- Qualifying circumstances in Murder.
20. IGNOMINY
- Accused deliberately perpetrated the
ignominious act to augment to moral suffering
of the victim.
- Refers to moral suffering
- Qualifying circumstances in Murder
21. CRUELTY
- Perpetrated by the accused to prolong or
exacerbate the physical pain and suffering of
the victim.
- Refers to physical suffering.
- Qualifying circumstance in Murder
22. ABUSE OF CONFIDENCE AND OBVIOUS
UNGRATEFULNESS
i. Abuse of confidence – Taking advantage of
the confidence reposed by the victim on the
offender to facilitate the commission of the
crime.
ii. Obvious ungratefulness – Commission of a
crime instead of being grateful to the
generosities given by the victim to the
offender.
- Qualifying circumstance of theft
23. UNLAWFUL ENTRY / BREAKING DOOR OR
WINDOW
- Unlawful Entry - Entrance is made through a
way not intended for that purpose.
- Breaking - Entrance is made through
breaking a wall, roof, floor, door, or window.
 - Qualifying circumstance in robbery by using
force upon things
24. RECIDIVISM
- At the time of trial for one crime, he has been
previously convicted of another crime
embraced in the same title of the RPC.
25. REITERACION
- Offender has previously punished (served
sentence) for:
- One offense w/ greater penalty
- Two or more offenses w/ lighter
penalty
26. TORTURE
- Torture as a crime shall not absorb or shall
not be absorbed by any other crime or felony
committed as a consequence, or as a means in
the conduct or commission thereof. In which
case, torture shall be treated as a separate
and independent criminal act whose penalties
shall be imposable without prejudice to any
other criminal liability provided for by
domestic and international laws.
- If the commission of any crime punishable
under Title Eight (Crimes Against Persons) and
Title Nine (Crimes Against Personal Liberty
and Security) of the Revised Penal Code is
attended by any of the acts constituting
torture and other cruel, inhuman and
degrading treatment or punishment as
defined herein, the penalty to be imposed
shall be in its maximum period.
B. SPECIAL AGGRAVATING CIRCUMSTANCE
- It cannot be offset by an ordinary mitigating
circumstance.
1. ABUSE OF OFFICIAL POSITION
i. Public officer commits an offense in relation
to his office;
Ebo, MD (not claiming 100% accuracy)
ii. Perpetrates the offense while performing,
though in an improper or irregular manner, his
official functions;
iii. He cannot commit the offense without
holding his office.
2. QUASI-RECIDIVISM
i. Offender has been convicted by final
judgment of a crime or offense:
ii. Offender has committed a felony:
- After being convicted
- Before beginning to serve sentence
- While serving sentence
3. ORGANIZED/SYNDICATED CRIME GROUP
i. A group of two or more persons
ii. Collaborating, confederating, or mutually
helping one another
iii. Organized for the purpose of gain
4. SEXUAL OR PHYSICAL VIOLENCE
- Sexual or physical violence is committed
against a woman with whom the accused has
a marital, dating, or sexual relationship, in the
presence of her child.
5. USE OF LOOSE FIREARMS
- Includes the use of:
i. Unregistered firearm
ii. Obliterated or altered firearm
iii. Lost or stolen firearm
iv. Illegally manufactured firearm
v. Registered firearms in possession of
individuals other than the licensee
vi. Revoked licenses
- Qualifying circumstances:
i. When loose firearm is used in
committing a crime with a graver
penalty, the accused shall be
prosecuted for the graver crime and
shall apply the penalty in its maximum
period.
 ii. When loose firearm is used in
committing a crime with a lesser
penalty, the accused shall be
prosecuted for the lesser crime but the
court shall impose the penalty
prescribed for illegal possession of use
of loose firearm.
iii. When loose firearm is used in
committing a crime with a penalty, the
maximum of which is equal to that for
illegal possession of loose firearm, the
accused shall be prosecuted for the
former with additional penalty of
prision mayor in its minimum period.
6. UNDER THE INFLUENCE OF DANGEROUS DRUGS
- Positive finding for the use of dangerous
drugs shall be a special aggravating
circumstance.
- Relatives by affinity of the same degree
ii. Crimes against Person
- Mitigating
a. Less grave felony or light felony
b. Victim is a relative of lower level
- Aggravating
a. Grave felony
b. Victim is a relative of equal or higher
level
*Other conditions attending its commission
may also be considered
**Relationship is qualifying in parricide,
qualified serious physical injuries, and
qualified less serious physical injuries.
iii. Crimes against Properties
- Mitigating – Not covered under Art. 332
Exc: Robbery w/ Homicide –
aggravating circumstance

7. OTHERS iv. Crime against Chastity

- Aggravating
i. Child Abuse – Ascendant, parent, guardian,
stepparent, or collateral relative within the 2nd 2. INTOXICATION
degree og consanguinity or affinity.
ii. Child Prostitution and Sexual Abuse – - Mitigating
Ascendant or Relationship within the 2nd i. It is NOT:
degree of consanguinity or affinity. a. Habitual
iii. Child Pornography – Parent, Ascendant, b. Intentional
Guardian, Stepparent, or collateral relative ii. It impaired the will power of
w/n the 3rd degree of consanguinity or affinity. accused.
iv. Qualified Trafficking in Person – Spouse,
Ascendant, Parent, Sibling or Guardian. - Aggravating – It is:
v. RA 3019 – Relative within the fourth civil i. Habitual
degree of consanguinity or affinity. ii. Subsequent to the plan to commit
the crime and that he took such
ALTERNATIVE CIRCUMSTANCES quantity of alcoholic beverage, prior to
the commission of the crime, as would
1. RELATIONSHIP blur his reason or to fortify his
resolution to commit the crime.
i. Applies to:
- Spouse
- Ascendants
- Descendants
- Legitimate, natural, or adopted brothers or
sisters
Ebo, MD (not claiming 100% accuracy)
3. LACK OF INSTRUCTION AND EDUCATION
- Mitigating
- Lack of sufficient intelligence and
knowledge to fully realize the
consequences of his criminal act.
- Aggravating
i. Offender possessed a high degree of
instruction and education
ii. Offender took advantage of such
high degree of education in
committing the crime
ABSOLUTORY CAUSES
1. SPONTANEOUS DESISTANCE IN ATTEMPTED
FELONY
2. RELATIONSHIP IN CRIME COMMITTED BY AN
ACCESSORY
GR: Accessories are exempted from criminal
liability for crimes committed with respect to
their:
i. Spouses
ii. Ascendants
iii. Descendants
iv. Legitimate, Natural, and Adopted
brothers and sisters If living together
v. Relatives by affinity within the same
degree
EXC: Accessories by profiting themselves or
assisting the offender to profit by the effects
of the crime.
3. THEFT, SWINDING & MALICIOUS MISCHIEF
COMMITTED AGAINST A RELATIVE
No criminal, but only civil liability shall result
from the commission of the crime of theft,
swindling, or malicious mischief committed or
caused mutually by the following persons:
Ebo, MD (not claiming 100% accuracy)
a. Spouses, ascendants and
descendants, or relatives by affinity in
the same line
b. Windowed spouse w/ respect to the
property which belonged to the
deceased spouse before the same shall
have passed into the possession of
another
c. Brothers and sisters, and in
brothers-in-law and sisters-in-law, if
living together.
*It shall not be applicable to strangers
participating in the commission of the
crime.
4. DEATH OR PHYSICAL INJURIES UNDER
EXCEPTIONAL CIRCUMSTANCES (ART. 247)
i. Any legally married person who having
surprised his spouse in the act of committing
sexual intercourse with another person:
- Shall kill any or both of them or inflict
serious physical injuries – destierro
- Serious physical injuries or less
serious physical injuries – exempted
from punishment
ii. Under the same circumstances as above,
parents with respect to their daughters under
eighteen years of age, and their seducer, while
the daughters are living with their parents.
*Any person who shall promote or facilitate
the prostitution of his wife or daughter, or
shall otherwise have consented to the
infidelity of the other spouse shall not be
entitled to the benefits of this article.
5. MARRIAGE IN CRIMES AGAINST CHASTITY OR
RAPE / FORGIVENESS IN MARITAL RAPE
6. INSTIGATION
- Luring the accused into a crime that he,
otherwise, had no intention to commit, in
order to prosecute him.
 - Criminal intent to commit an offense
originates from the inducer and not from the
accused who had no intention to commit and
would not have committed it were it not for
the prodding of the inducer.

Ebo, MD (not claiming 100% accuracy)