ART 2. Application ART 11.

Justifying Circumstances
-Except as provided in treaties and laws of preferential The ff do not incur criminal liability:
application 1. Anyone who acts in defense of his person or rights,
-RPC shall be enforced NOT ONLY within the PH provide that the following circumstances concur:
archipelago, including its atmosphere, interior waters and First, Unlawful aggression;
maritime zone Second, Reasonable necessity of the means
-BUT also outside of its juris diction against those who: employed to prevent or repel it;
1. Commit offense PH ship or airship Third, Lack of sufficient provocation on the part
2. Forge or counterfeit coin or currency note of PH OR of the person defending himself.
obligations and securities issued by the govt 2. Anyone who acts in defense of the person or rights of his:
3. Liable for acts connected with the introduction into the Spouse, ascendant, descendant, or legitimate,
PH of these obligations and securities natural, or adopted brothers or sisters or of his relative by
4. Public officers or employees commit an offense in the affinity in the same degrees, and those by consanguinity
exercise of their function; or within the fourth civil degree.
5. Commit any of the crimes against natl security and the Provided that the first and second requisites
law of nations of Title 1, book 2 prescribe in the next preceding circumstance are present,
AND THE FURTHER REQUISITE, in case the
TITLE ONE: Felonies and circumstances which affect provocation was given by the person attacked, THE ONE
Criminal liability MAKING DEFENSE HAD NO PART THEREIN
3. Anyone who acts in the defense of the person or rights of
Art 3. Definitions
a stranger
Acts and omissions punishable by law are felonies (delitos).
Provided that the first and second requisites
Felonies are committed not only by means of deceit (dolo)
mentioned in the first circumstance are present
but also by means of fault (culpa).
AND that the person defending BE NOT INDUCED
Deceit act is performed with intent
by REVENGE, RESENTMENT, or OTHER EVIL MOTIVE.
Fault wrongful act results from imprudence, negligence,
4. Any person who, in order to avoid an evil or injury
lack of skill or lack of foresight. (NILL)
-does an act which causes damage to another,
-provided that the following are present:
Art 4. Criminal Liability
First. The evil sought to be avoided actually exists;
Criminal liability shall be incurred:
Second. That the injury feared be greater than
1. BY any person committing a felony although wrongful
that done to avoid it;
act done be different from which he intended
Third. That there be no other practical and less
2. BY any person performing an act which would be an
harmful means of preventing it.
offense were it not for the
5. Any person who acts in the fulfillment of a duty OR in a
-inherent impossibility of its accomplishment
lawful exercise of a right or office.
-OR on account of the employment of
6. Any person who acts in OBEDIENCE to an ORDER ISSUED
inadequate of ineffectual means
by a SUPERIOR for some LAWFUL PURPOSE.
ART 6. Consummated, Frustrated, and Attempted felonies
ART 12. Circumstances which exempt from criminal liability.
Consummated Felonies, as well as frustrated and
The ff are exempt from criminal liability:
attempted, are punishable.
1. IMBECILE or INSANE PERSON, unless latter acted during a
A felony is consummated all elements necessary for its
LUCID INTERVAL
execution and accomplishment are present
When the imbecile or insane person has
frustrated when offender performs all acts of execution
committed an act which the law defines as a felony, the
which would produce the felony BUT which, nevertheless,
court shall ORDER his CONFINEMENT in one of the hospitals
do not produce it BY REASON OF CAUSES INDEPENDENT OF
of asylums established ffor persons thus afflicted, which HE
THE WILL OF THE PERPETRATOR.
SHALL NOT be permitted to leave without first obtaining the
There is an attempt offender commences the commission
permission of the SAME court.
of a felony DIRECTLY by OVERT ACTS, and DOES NOT
2. A person under 9 yrs of age* (mod by sec 6 of RA9344,
perform all the acts of execution which should produce the
minimum age of responsibility is 15)
felony BY REASON OF SOME CAUSE or ACCIDENT OTHER
3. A person over 9 years of age and under 15, UNLESS he
THAN HIS OWN SPONTANEOUS DESISTANCE.
has acted with discernment, in which case, such minor
ART 7. When light felonies are punishable shall be proceeded in accordance to Art 80 of RPC
-only when they have been consummated When such minor is adjudged to be criminally
-xpn to those committed against persons or property irresponsible, the court, in conformity with all the provisions
of this and the preceding paragraph, shall commit him to
ART 8. Conspiracy and proposal to commit felony the care and custody of his family who shall be charged
-are punishable ONLY in cases which the law specially with the surveillance and education; otherwise, he shall be
provides penalty therefor. committed to the care of some institution or person
-Conspiracy exists when two or more persons come to an mentioned in Art 80.
agreement concerning the commission of a felony and
decide to commit it. 4. Any person who, while performing a LAWFUL ACT WITH
-Proposal when the person who decided to commit a DUE CARE, causes an injury by mere accident without fault
felony proposes its execution to some other person or or intention of causing it.
persons. 5. Any person who acts in the COMPULSION of an
IRRESISTABLE FORCE.
ART 9. Grave felonies, less grave felonies, and light felonies. 6. Any person who acts under the IMPULSE of an
-Grave felonies the law attaches the CAPITAL UNCONTROLLABLE FEAR of an equal or greater injury.
PUNISHMENT or penalties which in any of their periods are 7. Any person who FAILS TO PERFORM an act REQUIRED by
AFFLICTIVE, in accordance to art 25 law, when prevented by some lawful or insuperable cause.
-Less Grave felonies the law punishes with penalties which
in their MAXIMUM period are correctional, in accordance
to art 25
-Light felonies infractions of law penalty of arresto
menor or fine not exceeding 200 php, or both, is provided

CHAPTER 2
JUSTIFYING CIRCUMSTANCES AND CIRCUMSTANCES WHICH
EXEMPT CRIMINAL LIABILITY
CHAPTER THREE employed to weaken the defense
CIRCUMSTANCES WHICH MITIGATE CRIMINAL LIABILITY
16. TREACHERY(alevosia)
ART 13. Mitigating Circumstances There is treachery when offender commits any
The ff are mitigating circumstances: crime against person, employing means, methods or forms
1. Those mentioned in the preceding chapter, when all the in the execution thereof which tend directly and specially
requisites necessary to justify the act or to exempt from to ensure its execution, without risk to himself arising from
criminal liability in the respective cases are NOT attendant. the defense which the offended party may take.
2. That the offender is UNDER 18 years of age or OVER 70 17. Means be employed or circumstances brought about
years. In case of the minor, he shall be proceeded against which ADD IGNOMINY to the natural effects of the act
in accordance to art 80. 18. Unlawful Entry
3. That the offender had NO INTENTION TO COMMIT SO There is unlawful entry when an entrance is
GRAVE A WRONG as that committed. effected by a way not intended for the purpose
4. That SUFFICIENT PROVOCATION or THREAT on the part of 19. A WALL, roof, floor, door or window be broken.
the offended party IMMEDIATELY PRECEDED the act. 20. Committed with the aid of persons UNDER 15 YEARS of
5. That the act was committed in the IMMEDIATE age, OR by means of MOTOR VEHICLE, MOTORIZED WATER
VINDICATION of a GRAVE OFFENSE to the one committing CRAFT, AIRSHPS, or other SIMILAR MEANS
the felony, his spouse, ascendants, descendants,
legitimate, natural or adopted brothers or sisters, or 21. Wrong done deliberately augmented by other wrong
relatives by affinity within the same degrees. not necessary for its commission

6. That of having acted upon an IMPULSE so POWERFUL as CHAPTER FIVE

NATURALLY to have produced PASSION or OBFUSCATION ALTERNATIVE CIRCUMSTANCES
7. That the offender has VOLUNTARILY SURRENDERED
himself to a PERSON in AUTHORITY or his agents, or that he ART 15. Their Concept
had VOUNTARILY CONFESSED HIS GUILT before the court Alternative circumstances are those which must be taken
PRIOR TO THE PRESENTATION OF EVIDENCE for the into consideration as AGGRAVATING or MITIGATING
PROSECUTION. according to the nature and effects of the crime and other
8. That the offender is DEAF and DUMB, BLIND, or otherwise conditions attending its commission.
SUFFERING SOME PHYSICAL DEFECT which thus restricts his -They are RELATIONSHIP, INTOXICATION, and the DEGREE
means of action, defense, or communication with his fellow OF INSTRUCTION and EDUCATION of the OFFENDER.
beings.
9. Such ILLNESS of the offender as would DIMINISH the -The alternative circumstance of relationship shall be taken
EXERCISE of WILL-POWER of the offender without however into consideration when the offended party is the SPOUSE,
depriving him of consciousness of his act. ASCENDANT, DESCENDANT, LEGITIMATE, NATURAL, or
10. Any other circumstances of a SIMILAR NATURE or ADOPTED BROTHERS OR SISTERS or RELATIVE by AFFINITY
ANALOGOUS to those mentioned. within the SAME DEGREES of the offender.

CHAPTER FOUR1 -The intoxication of the offender shall be taken into

CIRCUMSTANCES THAT AGGAVATE CRIMINAL LIABILITY consideration as MITIGATING CIRCUMSTANCE only when
the offender has committed a felony in a state of
ART 14. Aggravating Circumstances intoxication, IF the same is NOT HABITUAL or SUBSEQUENT to
The ff are aggravating circumstances: the PLAN to commit said felony.
1. Advantage taken by offender of PUBLIC POSITION
2. In CONTEMPT of OR insult to public authorities -BUT when the intoxication is HABITUAL or INTENTIONAL, it
3. With INSULT or in DSREGARD of the respect due the shall be considered as an AGGRAVATING CIRCUMSTANCE.
offended party on account of his rank, age, or sex, or that
it be COMMITTED IN THE DWELLING of the offended party, IF TITLE TWO
the latter has NOT GIVEN PROVOCATION. PERSONS CRIMINALLY LIABLE FOR FELONIES
4. Abuse of confidence or obvious UNGRATEFULNESS.
5. In the palace of the CHIEF EXECUTIVE, or in his presence, ART 16. Who are criminally liable
or where public authorities are engaged in the discharge The ff are criminally liabe for grave and less grave felonies:
of their duties or in a place dedicated to religious worship. 1. Principals
2. Accomplices
6. NIGHTTIME, uninhabited place, or by band, whenever 3. Accessories
such circumstances may facilitate The ff are criminally liable for light felonies
Whenever more than 3 ARMED malefactors shall 1. Principals
have acted together in the commission of an offense, it 2. Accomplices
shall be deemed to have been committed by a band.
ART 17. Principals.
7. Conflagration, shipwreck, earthquake, epidemic, or
The ff are considered principals:
other calamity or misfortune
1. Those who TAKE a DIRECT PART in the
8. With the AID of armed men or persons who insure or
execution of the act;
afford impunity
2. Those who DIRECTLY FORCE or INDUCE others
9. RECEDIVIST
to commit it;
A recidivist is a person who, at the time of his trial
3. Those who cooperate in the commission of the
for one crime, shall have been previously convicted by
offense by another act without which it would not have
final judgment of another crime embraced in the same title
been accomplished.
of the RPC
10. Offender previously punished for an offense to which
ART 18. Accomplices
the law attaches an EQUAL OR GREATER penalty for two or
Accomplices are the persons who, not being included in
more crimes which it attaches a lighter penalty.
art 17, cooperate in the execution of the offense by
PREVIOUS or SIMULTANEOUS acts.
11. For consideration of a PRICE, REWARD or PROMISE
12. INUNDATION, fire, poison, explosion, stranding of a ART 19. Accessories
vessel, or intentional damage thereto, derailment of Accessories are those who, having knowledge of the
locomotive, or by use of any other artifice involving great commission of the crime, and WITHOUT having participated
waste or ruin. therein, either as principals or accomplices, take part
13. EVIDENT PREMEDITATION subsequent to its commission in any of the ff manners:
14. CRAFT, fraud, or disguise be employed 1. By PROFITING themselves or ASSISTING the
15. Be taken of SUPERIOR STRENGTH, or means be offender to profit by the effects of the crime;
 2. By CONCEALING or DESTROYING the body of
the crime, or the effects or instruments thereof, in order to
prevent its discovery;
3. By HARBORING, CONCEALING, or ASSISTING in
the ESCAPE of the principal of the crime
PROVIDED the accessory acts with ABUSE of his
PUBLIC FUNCTIONS or whenever the author of the crime is
guilty of TREASON, PARRICIDE, MURDER, or an attempt to
take the life of the Chief Executive, or is known to be
HABITUALLY GUILTY of some other crime.

ART 20. Accessories who are exempt from criminal liability.

Penalty imposed for accessories shall not be imposed upon
those who are such with respect to their:
-Spouses, ascendants, descendants, legitimate, natural,
and adopted brothers or sisters, or relatives by affinity within
the same degrees
-w/ XPN of those accessories falling within the provisions of
paragraph 1 of the next preceding article.