1What are justifying circumstances under Article 11?
Circumstances in which an act is legally justified and ordinarily creates no criminal liability.
2What are the three requisites of self-defense?
Unlawful aggression, reasonable necessity of the means used, and lack of sufficient provocation by the defender.
3Which requisite is indispensable in self-defense?
Unlawful aggression.
4What constitutes unlawful aggression?
An actual or imminent unlawful attack threatening a legally protected right.
5Is a merely imagined threat sufficient for unlawful aggression?
No. Unlawful aggression must be actual or imminent, not merely speculative.
6Does self-defense require the defender to use the least harmful possible means?
No. The means must be reasonably necessary under the circumstances.
7Who bears the burden of establishing self-defense after admitting the killing?
The accused must establish the requisites of the justifying circumstance.
8What is the third requisite of self-defense?
Lack of sufficient provocation on the part of the person defending themselves.
9What are the requisites of defense of relatives?
Unlawful aggression, reasonable necessity, and no participation in the relative's provocation when applicable.
10Which relatives are covered by Article 11(2)?
Spouse, ascendants, descendants, siblings, specified in-laws, and relatives by consanguinity within the fourth civil degree.
11Can a person defend a stranger under Article 11(3)?
Yes, if the statutory requisites are satisfied.
12What are the requisites of defense of a stranger?
Unlawful aggression, reasonable necessity, and no motivation by revenge, resentment, or other evil motive.
13What is the justification of avoidance of a greater evil?
Causing a lesser injury or evil to prevent an actually existing greater evil, when no less harmful practical means exists.
14Who may bear civil liability when injury is caused to avoid a greater evil?
Persons benefited may be civilly liable in proportion to the benefit received.
15When is fulfillment of duty a justifying circumstance?
When the act is performed in lawful fulfillment of duty or exercise of a right or office, with injury a necessary consequence.
16When is obedience to an order a justifying circumstance?
When the order has a lawful purpose and is issued by a superior for that purpose.
17Does an obviously unlawful superior's order automatically justify a crime?
No. The order must satisfy the requirements of Article 11(6).
18What are exempting circumstances under Article 12?
Circumstances removing criminal liability because the law excuses the actor despite an otherwise punishable act.
19What is the distinction between justification and exemption?
Justification makes the act lawful; exemption excuses the actor from criminal liability.
20What is the general Article 12 rule for an insane offender?
Insanity exempts, unless the offender acted during a lucid interval.
21What is the Article 12 rule concerning an imbecile?
An imbecile is exempt from criminal liability under Article 12(1).
22What legal framework governs criminal responsibility of children below 15?
RA 9344, as amended by RA 10630; children 15 or below are exempt from criminal liability.
23When can a child above 15 but below 18 incur criminal liability?
When the child acted with discernment, subject to juvenile justice safeguards.
24What is discernment under juvenile justice law?
The capacity to understand the wrongfulness of the act and its consequences.
25What is accident as an exempting circumstance?
Injury caused by mere accident while performing a lawful act with due care and without fault or intent.
26What is irresistible force under Article 12?
Physical compulsion by an external force that leaves the actor without meaningful freedom of action.
27What is uncontrollable fear under Article 12?
Fear of an equal or greater injury that compels the actor to commit the act.
28What is the distinction between irresistible force and uncontrollable fear?
Irresistible force involves physical compulsion; uncontrollable fear involves coercion through threatened harm.
29When does lawful or insuperable cause exempt a person?
When such a cause prevents performance of an act required by law.
30Does exemption from criminal liability always eliminate civil liability?
No. Civil liability may remain under applicable provisions, including Article 101.
31What are mitigating circumstances under Article 13?
Circumstances that reduce the penalty because they lessen the offender's culpability or punishment.
32What is incomplete justification or exemption under Article 13(1)?
A mitigating circumstance when not all requisites of a justifying or exempting circumstance are present.
33What is praeter intentionem as a mitigating circumstance?
The offender did not intend to commit so grave a wrong as the one actually produced.
34What is sufficient provocation as a mitigating circumstance?
Adequate provocation or threat by the offended party immediately preceding the act.
35What is vindication of a grave offense under Article 13?
Commission of the crime in immediate vindication of a grave offense against the offender or specified relatives.
36What is passion or obfuscation as a mitigating circumstance?
An impulse naturally producing powerful emotion that diminishes self-control under legally recognized conditions.
37What is voluntary surrender as a mitigating circumstance?
Spontaneously submitting to a person in authority or their agent before arrest.
38What is voluntary confession of guilt under Article 13(7)?
A spontaneous confession of guilt in open court before the prosecution presents evidence.
39What physical condition can mitigate liability under Article 13(8)?
A qualifying physical defect restricting means of action, defense, or communication.
40When can illness mitigate liability under Article 13(9)?
When illness diminishes willpower without depriving the offender of consciousness of the act.
41What is an analogous mitigating circumstance?
A circumstance similar in nature to those expressly recognized in Article 13.
42What are aggravating circumstances under Article 14?
Circumstances that increase the seriousness of an offense or affect the applicable penalty.
43What is evident premeditation?
A proven prior decision to commit the crime, persistence in that decision, and sufficient time for reflection.
44What is treachery or alevosia?
Employing means that directly ensure execution of a crime against persons without risk from the victim's defense.
45What is abuse of superior strength?
Deliberately taking advantage of excessive strength to overpower the victim's defense.
46What is nighttime as an aggravating circumstance?
Nighttime deliberately sought or taken advantage of to facilitate the crime or ensure impunity.
47What is recidivism under Article 14(9)?
At trial, the offender has a final conviction for another crime under the same title of the Revised Penal Code.
48What is dwelling as an aggravating circumstance?
Commission of a crime in the offended party's dwelling when the offended party gave no provocation.
49What are alternative circumstances under Article 15?
Relationship, intoxication, and the degree of instruction or education of the offender.
50When is intoxication generally mitigating rather than aggravating?
When it is not habitual and was not intentionally sought to facilitate the crime.