Art.

11- Justifying (6) avoid it;

Art. 12- Exempting (7) 3. No other practical means to prevent it.
Art. 13- Mitigating (10)
Art. 14 - Aggravating (21)
Art 15 - Alternative (3) 5. Fulfillment of Duty: Lawful exercise of Right

ART. 11. JUSTIFYING CIRCUMSTANCES (S-R-S-A-F-O) Requisites:

1. Accused acted in performance of duty
1. Self- Defense 2. Injury caused be the necessary
consequence of due performance of
Requisites: (U-R-L)
duty
1. Unlawful Aggression
2. Reasonable necessity to repel it
3. Lack of sufficient provocation on part 6. Obedience to an order issued for some Lawful
of person defending himself purpose

2. Defense of Relatives Requisites:

1. Order issued by superior
Relatives (S-A-D—B-4-R) 2. Such order must be some lawful
1. Spouse purpose
2. Ascendants 3. The means use by subordinate to carry
3. Descendants out is lawful
4. Legitimate, natural or adopted
Brothers & Sisters
5. Relatives by consanguinity by 4th civil ART. 12. EXEMPTING CIRCUMSTANCES (I-B15-U19-
degree A-C-I-F)

1. Imbecility or Insanity, unless acted during a lucid

interval
Requisites: (U-R-I)
2. Person under 15 years of age
1. Unlawful Aggression
3. Person over 15 & Under 19 years of age, acting
2. Reasonable necessity to repel it
without DISCERNMENT.
3. In case the provocation was given by the
4. A person while performing a lawful act with due
person attacked, the one making a defense
care, causes injury, by mere Accident w/o fault
had no part therein
or intent of causing it.

3. Defense of Stranger Elements:

1. Person is performing lawful act,
Requisites: (U- R- R)
2. With due care,
1. Unlawful Aggression
3. Causes injury to another by mere
2. Reasonable necessity to repel it
accident
3. Person defending not induced by
4. w/o fault or intention of causing it.
Revenge, resentment or evil motive.

5. A person who acts under the Compulsion of an

4. Avoidance of Greater Evil or Injury
irresistible force
Requisites: (E- I- N)
Elements:
1. Evil to be avoided actually exists
1. Compulsion is by means of
2. Injury feared is GREATER than done to
 physical force the felony, his spouse…by affinity with
2. Physical force must be irresistible same degrees
3. Physical force must come from 3rd 2. Felony is committed by vindication of such
person grave offense
Immediate vindication means Proximate

6. A person who acts under the Impulse of

uncontrollable fear of an equal or greater injury 6. Passion or Obfuscation

Elements: REQUISITES:
1. Compulsion is by means of 1. Accused acted upon impulse
physical force 2. Impulse must be powerful that it naturally
2. Physical force must be irresistible induced passion or obfuscation
3. Physical force must come from 3rd
person 7. Surrender and Confession of a Guilt

REQUISITES:
7. A person who fails to perform an act required by 1. Offender had not been actually arrested
Law, when prevented by some lawful or 2. That the offender surrendered himself to
insuperable cause. person of authority
3. That surrender was voluntary
Elements:
1. That an act is required by law to
be done, 8. Physical Defect of the Offender
2. A person fails to perform such an 9. Illness of the Offender
act
3. His failure to perform such act was REQUISITES:
due to some insuperable cause. 1. That the illness of the offender
diminishes the exercise of his will
power,
ART. 13. MITIGATING CIRCUMSTANCES 2. That such illness should not deprive
( I-U18-N-P-V-P-S-P-I-A) the offender of consciousness of his
acts.
1. Incomplete Justifying or exempting
circumstances
2. Under 18, or over 70 10. Similar and Analogous Circumstances
3. No intention to commit so grave a wrong
4. Provocation or Threat
ARTICLE 14. AGGRAVATING CIRCUMSTANCES
REQUISITES: (S-O-I)
(A-C-D-A-P-N-C-W-R-H-P-I-E-C-S-T-I-U-W-A-C)
1. Provocation must be sufficient
1. Advantage taken of Public Position
2. Must originate from the offended party
2. Contempt or Insult of Public Authorities
3. Must be immediate to the commission of
3. Disregard of Rank, Age, Sex, of Offended party
the crime by the person who is provoked
4. Abuse of Confidence; or Obvious Ungratefulness
5. Places of Commission
5. Vindication of Grave Offense
6. Nighttime, Uninhabited place or Band
REQUISITES: - aka Nocturne, Despoblado & Cuardrilla
1. There be grave offense done to committing 7. On Occasion of Calamity or Misfortune
8. With aid if ARMED Men PLACES:
9. Recidivist 1. Palace of the Chief Executive
10. Reitaracion or Habituality 2. Presence of the Chief Executive
11. Price, Reward, or Promise 3. Where public officers are engaged in the
12. By means of Inundation, Fire, etc discharge of their duties
13. Evident Premeditation 4. Place dedicated to the religious worship
14. Craft, Fraud, or Disguise
15. Superior Strength or means to weaken Defense 6. Nighttime, Uninhabited place or Band
16. Treachery (Alevosia) 7. On Occasion of Calamity or Misfortune
17. Ignominy 8. With aid if ARMED Men
18. Unlawful Entry 9. Recidivist
19. By wall, roof, door, or window be broken
20. Aid of Minor (under 15) by means of Motor REQUISITES:
vehicles 1. That the offender is on Trial for an offense
21. Cruelty 2. That he was previously convicted by final
judgment
1. Advantage taken of Public Position of a crime
2. Contempt or Insult of Public Authorities 3. That both the 1st & 2nd offenses are
embraced in the
REQUISITES:
SAME title of the Code
1. Public authority is engaged in the exercise
4. That the offender is convicted of the new
of
offense
his functions
2. That he who is thus engaged in the exercise
10. Reitaracion or Habituality
of
11. Price, Reward, or Promise
said function is NOT person against whom
12. By means of Inundation, Fire, etc
crime is committed
13. Evident Premeditation
3. Offender knows him to be a public
authority REQUISITES:
4. His presence has not prevented the 1. Proof of time when the offender det. To
offender commit
from committing the criminal act crime
*Knowledge that PA is present is ESSENTIAL 2. Act manifestly indicating that the culprit
has clung
to his determination
3. Disregard of Rank, Age, Sex, of Offended party
3. Sufficient lapse of time bet. Det. & exec.
4. Abuse of Confidence; or Obvious Ungratefulness
Allow him
REQUISITES of Abuse of Confidence: to reflect upon the consequences of his act
1. That the offended party had trusted the
offender 14. Craft, Fraud, or Disguise
2. That the offender abused such trust by 15. Superior Strength or means to weaken Defense
committing a crime against offended party 16. Treachery (Alevosia)
3. Abuse of confidence facilitated the
REQUISITES:
commission of crime
1. That the time of attack, victim was not in
position to defend himself
5. Places of Commission 2. Offender consciously adopted particular
 means, method or form of attacked
employed

17. Ignominy
18. Unlawful Entry
19. By wall, roof, door, or window be broken
20. Aid of Minor (under 15) by means of Motor
vehicles
21. Cruelty

REQUISITES:
1. Injury caused be deliberately increased by
causing other wrong;
2. That the other wrong be unnecessary for
the
execution of the purpose of offender

ART. 15. ALTERNATIVE CIRCUMSTANCES (R- I-D)

1. Relationship
2. Intoxication
3. Degree of Instruction or education

1. RELATIONSHIP - alternative consideration when

offended party is:
i. Spouses
ii. Ascendants
iii. Descendants
iv. Legitimate bros & sis

2. INTOXICATION- meant that the offender’s

mental faculties must be affected by
drunkenness.
i. MITIGATING- not habitual intoxication
ii. AGGRAVATING- Habitual Intoxication

3. DEGREE OF INSTRUCTION & EDUCATION

i. Mitigating- Low degree
ii. Aggravating- High Degree

EXCEPT in crimes which are inherently wrong, of

which every rational being is endowed to know
and feel.