EXEMPTING CIRCUMSTSANCES Exceptional circumstance in favor of one spouse

General Exempting Circumstances inflicting slight or serious physical injury upon his
spouse or daughter (Article 247)

Minority in prostitution, sniffing rugby, mendicancy

- Imbecility/Insanity General Exempting Circumstance (S57 and 58, RA 9344)
- Person under 15 yo
- Person 15-18yo (JJWA) - Provided by Article 12 Trafficked victim in prostitution, working without a
- Persons performing lawful duty permit or rebellion in relation to trafficking in
causes an injury by mere accident Specific Exempting Circumstance persons or obedience to trafficker (RA 9208)
without intention
- Specific to each crime
- Compulsion of irresistible force
- Impulse of an uncontrollable fear MINORITY Insuperable or lawful
- Failure to perform an act required causes
Acting under the compulsion of Child - refers to a person
by law, prevented by some lawful/ under the age of eighteen Basis: The exempting
insuperable cause an irresistible force
(18) years. circumstance exempts the
Elements: (TIP) accused from criminal
Child in Conflict with the Law liability, because he acts
Accident without fault or intention 1. That the compulsion is by – refers to a child who is without intent, the third
IMBECILITY/INSANITY means of Physical force; alleged as, accused of, or
causing it condition of voluntariness in
Basis: The exempting circumstance of 2. That the physical force adjudged as, having intentional felony.
Accident – is something that happens must be Irresistible; and committed an offense under
insanity or imbecility is based on the
outside the sway of our will, and although it 3. That the physical force Philippine laws Elements: (ReFIL)
complete absence of intelligence, an
comes about through some act of our will, must come from a Third
element of voluntariness. Discernment – is the mental 1. That an act is
lies beyond the bounds of humanly person.
Imbecile – is one who, while advanced in foreseeable consequences. capacity of the child at the Required by law to
age, has a mental development The force must be so irresistible so time of the commission of be done;
Elements: (WILD) as to reduce the actor to a mere the offense to understand 2. That a person
comparable to that of children between two
and seven years of age. instrument not only without a will the differences between right Fails to perform
A person is performing a Lawful act; but against his will. A threat of and wrong and the such act; and
Insanity –a manifestation in language or - With Due care; future injury is not enough. The consequences of the 3. That his failure to
conduct of disease or defect of the brain, - He causes an Injury to another by compulsion must be of such a wrongful act. perform such act
or a more or less permanently diseased or mere accident; and character as to leave no was due to some
disordered condition of the mentality opportunity to the accused for Under 15 – EXEMPT Lawful or
- Without fault or intention of
causing it escape or self-defense in equal Insuperable
(1) insanity must be present at the 15-18 without discernment
combat. cause.
time of the commission of the – EXEMPT
crime; Acting under the impulse of an Insuperable Cause – a
TIME OF INSANITY 15-18 with discernment
(2) insanity, which is the primary uncontrollable fear cause which prevents a
GR: NOT EXEMPT
cause of the criminal act, must be AT COMMISION = EXEMPT person to do what the law
medically proven; and, Elements: EXPN: requires.
(3) the effect of the insanity is the DURING TRIAL = PROCEEDINGS
inability to appreciate the nature SUSPENDED 1. That the threat, which causes - Vagrancy
and quality or wrongfulness of the the fear, is of an evil greater - Prostitution
act. AFTER JUDGMENT = EXECUTION than or at least equal to that - Mendicancy
IS SUSPENDED which he is required to - Sniffing of rugby
Two Tests of Insanity: (CV) commit; and - Status offenses
The period of confinement in the 2. That it promises an evil of
a. Test of Cognition – complete hospital is counted for the purpose such gravity and imminence
deprivation of intelligence in of the prescription of the penalty that the ordinary man would
committing the crime. have succumbed to it
b. Test of Volition – total deprivation BURDEN OF PROOF
of freedom of will. Basis: The exempting circumstance is
Is on the defense, because the based on the complete absence of
presumption is in favor of insanity freedom, an element of voluntariness.
“Actus me invito factus non est meus
 INSTIGATION ENTRAPMENT
Evil idea originated from the peace officer who induced the accused to The mens rea originated from the accused who was merely trapped by the
commit the act. peace officer.

Absolutory by reason of public policy. Not an absolutory as to the offender since he authored the evil idea.

Contrary to public policy Consistent with public policy.

Trap for unwary innocent Trap for the unwary criminal.

The peace officer is a principal by inducement. The peace officer has no criminal liability for his acts are in accordance with
law.
The crime would not and could not have been committed were it not for the
instigation. The crime has already been committed