E XEMPTING CIRCUMSTANCES ( ARTICLE 12 OF REVISED PENAL CODE )

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 NEGLIGENCE ON THE PART OF THE ACCUSED.

THE FOLLOWING ARE EXEMPT FROM CRIMINAL LIABILITY :

1.) AN IMBECILE OR AN INSANE PERSON, UNLESS THE LATTER HAS ACTED

DURING A LUCID INTERVAL;
NOTE :

INSANE – AY TUMUTUKOY SA TAONG MAY SAKIT SA PAG IISIP ( BALIW )

IMBECILE – AY TUMUTUKOY SA TAONG MAY KAKULANGAN SA PAG IISIP

(ISIP BATA )

LUCID INTERVAL – ITO AY TUMUTUKOY SA TEMPORARY TIME O ORAS O

ARAW KUNG SAAN ANG TAONG SINASABING IMBECILE OR INSANE AY BUMALIK
SA TAMANG PAG IISIP.

2. ) A PERSON UNDER NINE (9) YEARS OF AGE;

NOTE : FULL RESPONSIBILITY – 18 – 70 YEARS OLD

PARTIAL RESPONSIBILITY = OVER 15 YEARS OLD BUT UNDER 18

YEARS OLD
ABSOLUTE IRRESPONSIBILITY = 9 YEARS OLD BELOW

3.)A PERSON OVER NINE(9) YEARS OF AGE AND UNDER FIFTEEN (15) ( 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 INTENTION OF
CAUSING IT.

6. ) ANY PERSON WHO ACT UNDER THE COMPULSION OF IRRESISTIBLE 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.