JUSTIFYING OR EXEMPTING CIRC.
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JUSTIFYING OR EXEMPTING CIRC
Justifying Circumstances (Art 11) – The actor commits no crime since the circumstances enumerated in Art 11, justify his acts because they are in accordance with law. The actor is neither criminally liable, nor civilly liable for damages, except in Article 11, paragraph 4 when a person commits an act to avoid a greater evil or injury. The basis of his civil liability is found in Art 432 of the Civil Code.
Exempting Circumstances (Art 12) – The actor’s exemption is based on either of the following: complete absence of intelligence, freedom of action, criminal intent, or absence of negligence. However, he is civilly liable for damages.
Absolutory Causes – The accused commits a crime but by reason of public policy and public sentiment, no penalty is provided for his acts.
Art. 432. The owner of a thing has no right to prohibit the interference of another with the same, if it is necessary to avert an imminent danger and the threatened damage, compared to the damage arising to the owner is much greater. But the owner may demand indemnity for the damage from the person benefited
- Under 15 to 15: intervention, released to parents
- Over 15 to under 18, w/o D: intervention
- Over 15 to under 18, w/ D: depending on penalty
if not more than 6 years – extrajud. Diversion
more than 6 years, not more than 12 – Jud. Diversion
Passion & obfuscation must arise from lawful sentiments and not in the spirit of revenge, resentment or unlawful motives –
COMMON LAW RELATIONS: US vs. Hicks, general rule:
People vs. De la Cruz, 22 Phil 429, with another man in flagrante, impulse from revelation of unfaithfulness
People vs. Engay (CA, 47 OG 4306), 15 years when the man married another woman
P & O not mitigating when committed in a spirit of lawlessness: People vs. Sanico (CA 46 OG 98), PEOPLE vs. MARCELO BATES (400 SCRA 95; GR 139907, March 28, 2003)
All types of AC should be alleged in the Information: Under Rule Sec 9 110, all qualifying and aggravating circumstances must be stated in ordinary concise language, in terms sufficient to enable a person of common understanding to know what offense is being charged as well as its QC and AC and for the court to pronounce judg