CRIM1- MEMORY AID : ART 11 – 15

Art. 11- Justifying (6) 6. Obedience to an order issued for some Lawful
Art. 12- Exempting (7) purpose
Art. 13- Mitigating (10) Requisites:
Art. 14 - Aggravating (21) 1. Order issued by superior
Art 15 - Alternative (3) 2. Such order must be some lawful
purpose
ART. 11. JUSTIFYING CIRCUMSTANCES (S-R-S-A-F-O) 3. The means use by subordinate to carry
- Are acts of a person is said to be in accordance with law, out is lawful
so that such person is deemed not to have transgressed
the law and is free from both criminal & civil liability,
except par.4 where civil liability is borne by the persons ART. 12. EXEMPTING CIRCUMSTANCES (I-B9-U15- A-C-I-F)
benefited by the act. - Or circumstances of non-imputability
- Are grounds for exemption from punishment
1. Self- Defense - BASIS: absence of intelligence, freedom of action, or
Requisites: (U-R-L) intent, or absence of negligence on part of the accused.
1. Unlawful Aggression
2. Reasonable necessity to repel it 1. Imbecility or Insanity
Test of Reasonableness - Complete deprivation of intelligence
2.1. Weapon used by aggressor 2 Tests of Insanity:
2.2. Physical condition. Char, size & 1. COGNITION- depravity of intelligence
other circ. 2. VOLITION- depravity of freedom of will
2.3. Those of person defending himself
2.4. Place & occasion of assault 2. Person under 9 years of age
3. Lack of sufficient provocation on part
of person defending himself 3. Person over 9 & Under 15 years of age, acting
without DISCERNMENT
2. Defense of Relatives
Relatives (S-A-D—B-4-R) Discernment- mental capacity to fully appreciate the
consequences of unlawful act.
1. Spouse
2. Ascendants 4. A person while performing a lawful act with
3. Descendants due care, causes injury, by mere Accident w/o
4. Legitimate, natural or adopted fault or intent of causing it.
Brothers & Sisters Elements:
5. Relatives by consanguinity by 4th civil 1. Person is performing lawful act,
degree 2. With due care,
3. Causes injury to another by mere
accident
3. Defense of Stranger 4. w/o fault or intention of causing it.
Requisites: (U- R- R)
1. Unlawful Aggression 5. A person who cats under the Compulsion of
2. Reasonable necessity to repel it an irresistible force
3. Person defending not induced by Elements:
Revenge, resentment or evil motive. 1. Compulsion is by means of
physical force
2. Physical force must be irresistible
4. Avoidance of Greater Evil or Injury 3. Physical force must come from 3rd
Requisites: (E- I- N) person
1. Evil to be avoided actually exists
2. Injury feared is GREATER than done to 6. A person who acts under the Impulse of
avoid it; uncontrollable fear of an equal or greater
3. No other practical means to prevent it. injury
Elements:
5. Fulfillment of Duty: Lawful exercise of Right 1. Compulsion is by means of
Requisites: physical force
1. Accused acted in performance of duty 2. Physical force must be irresistible
2. Injury caused be the necessary 3. Physical force must come from 3rd
consequence of due performance of person
duty

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CRIM1- MEMORY AID : ART 11 – 15

7. A person who fails to perform an act required 3. No intention to commit so grave a wrong
by Law, when prevented by some lawful or 3.1. If the offender had no intention to commit grave a
insuperable cause. wrong as that committed. Only if facts are proven
Elements: to show notable & evident disproportion bet.
Means employed to execute the criminal act &
1. That an act is required by law to
consequences.
be done, 3.2. Not applicable to CUPABLE Felonies
2. A person fails to perform such an
act 4. Provocation or Threat
3. His failure to perform such act was - Is understood as any unjust or improper conduct of
due to some insuperable cause. the offended party, capable of exciting, inciting or
irritating any one.
REQUISITES: (S-O-I)
ABSOLUTORY CAUSES 1. Provocation must be sufficient
- A circumstance which offense by reason 2. Must originate from the offended party
of which, the accused who acts with 3. Must be immediate to the commission of
the crime by the person who is provoked
criminal intent, freedom & intent does not
The threat should be offensive & positively strong.
incur criminal liability for an act w/c Otherwise, the threat is an unlawful aggression,
constitutes a crime, such as: which may give rise to self-defense
1. Spontaneous desistance (Art.6)
2. Accessories who are exempt from 5. Vindication of Grave Offense
crim. Liability (Art.20) REQUISITES:
3. Death or Physical injuries under 1. There be grave offense done to committing
exceptional circ. (Art. 247) the felony, his spouse…by affinity with
4. Persons exempt from crim. Liability in same degrees
theft, swindling & malicious mischief 2. Felony is committed by vindication of such
(Art. 332) grave offense
Immediate vindication means Proximate
5. Instigation of absolutory cause.
REASON: An instigator induces
“would-be-accused’’ into commission 6. Passion or Obfuscation
REQUISITES:
of offense.
1. Accused acted upon impulse
2. Impulse must be powerful that it naturally
ART. 13. MITIGATING CIRCUMSTANCES induced passion or obfuscation
( I-U18-N-P-V-P-S-P-I-A) REQUISITES OF THE MITIGATING CIRCUMSTANCE OF
- Those which if present in the commission of the crime, PASSION OR OBFUSCATION
don’t entirely free the actor from criminal liability but serve 1. There be an act, both unlawful & sufficient
only to reduce the penalty to produce condition of mind,
2. Act which produced obfuscation was not
1. Incomplete Justifying or exempting circumstances far removed from the commission of the
1.1 Applies when all the requisites necessary to crime by considerable length of time,
justify the act not attendant during which the perpetuator might
1.2 In case of “incomplete self-defense, defense recover his normal equanimity.
of relatives, & defense of strangers”, unlawful REASON: When there are causes naturally producing
in a person powerful excitement, he loses his reason
aggression must be present, it being
& self- control, thereby diminishing his will power.
indispensable requisite.
EXCEPTIONS: Even when there is actually passion or
2. Under 18, or over 70 obfuscation on the part of the offender, there is no
LEGAL Effects of various ages of offender: mitigating circ. If:
1. Age of absolute irresponsibility – under 9 a. The act is committed in spirit of
(Art 12, par. 2) lawlessness; or
2. Age of Mitigated responsibility- over 9 & b. Act committed in a spirit of revenge.
under 15, acting w/o discernment (Art.12,
par. 3; Art 68, par.1)
7. Surrender and Confession of a Guilt
3. Minor delinquent (under 18)- PD1179,
7.1. Voluntary surrender to a person of authority
4. Under 18, privileged mitigating (Art. 68) 7.2. Voluntary confession of guilt before the court, prior
5. Age of full responsibility- 18 or over, FULL to presentation of evidence.
Criminal liability
REQUISITES:
6. The age of mitigated responsibility- 70 &
1. Offender had not been actually arrested
over (Art. 13, par2) no imposition of death
2. That the offender surrendered himself to
penalty
person of authority
3. That surrender was voluntary

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CRIM1- MEMORY AID : ART 11 – 15

WHEN SURRENDER VOLUNTARY- must be 14. Craft, Fraud, or Disguise

spontaneous, showing intent to submit himself 15. Superior Strength or means to weaken Defense
unconditionally to authority. 16. Treachery (Alevosia)
17. Ignominy
8. Physical Defect of the Offender 18. Unlawful Entry
- Referred to such as being armless, 19. By wall, roof, door, or window be broken
cripple, or a stutterer , whereby his 20. Aid of Minor (under 15) by means of Motor vehicles
means to act, defend himself or 21. Cruelty
communicate to fellow beings is limited.
It is essential that the physical defect has
some relation to the crime committed by 1. Advantage taken of Public Position
him. TEST: Did the accused abuse his office in order to commit
9. Illness of the Offender the crime?
REQUISITES:
1. That the illness of the offender 2. Contempt or Insult of Public Authorities
diminishes the exercise of his will REQUISITES:
power, 1. Public authority is engaged in the exercise of
his functions
2. That such illness should not deprive
2. That he who is thus engaged in the exercise of
the offender of consciousness of his
said function is NOT person against whom
acts. crime is committed
3. Offender knows him to be a public authority
10. Similar and Analogous Circumstances 4. His presence has not prevented the offender
- Authorizes the court to consider in favor from committing the criminal act
of the accused “any other circumstance of *Knowledge that PA is present is ESSENTIAL
a similar nature & analogous to those
mentioned” in para. 1 to 9 of Art 13.
3. Disregard of Rank, Age, Sex, of Offended party
ARTICLE 14. AGGRAVATING CIRCUMSTANCES -only applicable to crimes against persons or honor
-NOT- crimes with passion, when there exists relationship
- Are those which, if attendant in the commission of the crime bet. Offended party and offender & when condition being a
serve to INCREASE the penalty w/o exceeding to maximum woman is indispensable (parricide, abduction, rape,
penalty provided by law for the offense seduction)
- BASIS: based on greater perversity of the offender manifested -That crime committed in the Dwelling of a person
by:
(1) Motivating power itself Dwelling- must be building exclusively for rest & comfort.
(2) Place of commission
(3) Means & ways employed 4. Abuse of Confidence; or Obvious Ungratefulness
(4) Time REQUISITES of Abuse of Confidence:
(5) Personal circumstances of offender 1. That the offended party had trusted the
offender
FOUR KINDS OF AGGRAVATING CIRCUMSTANCES: 2. That the offender abused such trust by
committing a crime against offended party
I. GENERIC
II. SPECIFIC 3. Abuse of confidence facilitated the
III. QUALIFYING commission of crime
IV. INHERENT
5. Places of Commission
(A-C-D-A-P-N-C-W-R-H-P-I-E-C-S-T-I-U-W-A-C) PLACES:
1. Advantage taken of Public Position 1. Palace of the Chief Executive
2. Presence of the Chief Executive
2. Contempt or Insult of Public Authorities
3. Where public officers are engaged in the
3. Disregard of Rank, Age, Sex, of Offended party discharge of their duties
4. Abuse of Confidence; or Obvious Ungratefulness 4. Place dedicated to the religious worship
5. Places of Commission
6. Nighttime, Uninhabited place or Band 6. Nighttime, Uninhabited place or Band
- aka Nocturne, Despoblado & Cuardrilla -aka Nocturne, Despoblado & Cuardrilla (more than
7. On Occasion of Calamity or Misfortune 3 armed men)
8. With aid if ARMED Men 7. On Occasion of Calamity or Misfortune
9. Recidivist REASON: instead of lending aid in the midst of calamity, adds
10. Reitaracion or Habituality greater suffering by taking advantage of misfortune to despoil
11. Price, Reward, or Promise them.
12. By means of Inundation, Fire, etc
13. Evident Premeditation 8. With aid if ARMED Men
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CRIM1- MEMORY AID : ART 11 – 15

2. Less serious physical injuries

9. Recidivist 3. Light or grave coercion
REQUISITES: 4. And murder
1. That the offender is on Trial for an offense 18. Unlawful Entry
2. That he was previously convicted by final judgment -when entrance is effected by a way not intended for
of a crime purpose. Not for escape.
3. That both the 1st & 2nd offenses are embraced in the 19. By wall, roof, door, or window be broken
SAME title of the Code -considered aggravating, breaking door must be utilized as
4. That the offender is convicted of the new offense a means to commission of a crime

10. Reitaracion or Habituality 20. Aid of Minor (under 15) by means of Motor vehicles
FORMS OF REPITITION -TAKING ADVANTAGE of Minors
1. Recidivism (Art. 14, Para 9) -GREAT FACILITIES means to commit crime & flee
2. Reitaracion or habituality (Art 14, Para 10)
3. Multi- recidivism or habitual delinquency (Art. 21. Cruelty
62, Para 5) ESSENCE: when culprit enjoys & delights in making victim
4. Quasi-recidivism (Art. 160) suffer.
REQUISITES:
11. Price, Reward, or Promise 1. Injury caused be deliberately increased by
- Must be 2 or more principals, the one who gives offers causing other wrong;
& one who accepts 2. That the other wrong be unnecessary for the
- Evidence must show that accused used money for execution of the purpose of offender
purposes of inducing another to perform a deed
12. By means of Inundation, Fire, etc IGNOMINY VS. CRUELTY
Ignominy (para. 17) involves moral suffering, while
13. Evident Premeditation Cruelty (par. 21) refers to physical sufferings.
- ESSENCE: must be preceded by cool thought &
reflection ART. 15. ALTERNATIVE CIRCUMSTANCES (R- I-D)
REQUISITES:
-are those, must be taken into consideration as
1. Proof of time when the offender det. To commit
crime aggravating or mitigating, accdg. To nature & effects of
2. Act manifestly indicating that the culprit has clung the crime
to his determination
3. Sufficient lapse of time bet. Det. & exec. Allow him
1. Relationship
to reflect upon the consequences of his act
2. Intoxication
14. Craft, Fraud, or Disguise 3. Degree of Instruction or education
DEFINITIONS:
1. CRAFT- involves use of intellectual trickery 1. RELATIONSHIP- alternative consideration when
2. FRAUD- use of insidious words offended party is:
3. DISGUISE- involves use of device to conceal identity 1.1 Spouses
1.2 Ascendants
15. Superior Strength or means to weaken Defense 1.3 Descendants
-To take advantage of superior strength means to use 1.4 Legitimate bros & sis
purposely, excessive force out to proportion to weaken
defense. 2. INTOXICATION- meant that the offender’s mental
faculties must be affected by drunkenness.
16. Treachery (Alevosia) 2.1 MITIGATING- not habitual intoxication
-when offender commits crimes against Person, employing 2.2 AGGRAVATING- Habitual Intoxication
means in execution thereof which tend directly to insure its
execution, w/o risk to himself arising from the defense 3. DEGREE OF INSTRUCTION & EDUCATION
which the offended party might make. 3.1 Mitigating- Low degree
3.2 Aggravating- High Degree
REQUISITES:
EXCEPT in crimes which are inherently wrong, of
1. That the time of attack, victim was not in
position to defend himself
which every rational being is endowed to know
2. Offender consciously adopted particular and feel.
means, method or form of attacked employed

17. Ignominy
-circumstance pertaining to moral order, which adds
disgrace & obloquy to material injury caused by crime
APPLICABILITY:
1. Crimes against chastity

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