Criminal Law: Justifying Circumstances (Article 11)

Circumstances in which an act is legally justified and ordinarily creates no criminal liability.

Unlawful aggression, reasonable necessity of the means used, and lack of sufficient provocation by the defender.

Unlawful aggression.

An actual or imminent unlawful attack threatening a legally protected right.

No. Unlawful aggression must be actual or imminent, not merely speculative.

No. The means must be reasonably necessary under the circumstances.

The accused must establish the requisites of the justifying circumstance.

Lack of sufficient provocation on the part of the person defending themselves.

Unlawful aggression, reasonable necessity, and no participation in the relative's provocation when applicable.

Spouse, ascendants, descendants, siblings, specified in-laws, and relatives by consanguinity within the fourth civil degree.

Yes, if the statutory requisites are satisfied.

Unlawful aggression, reasonable necessity, and no motivation by revenge, resentment, or other evil motive.

Causing a lesser injury or evil to prevent an actually existing greater evil, when no less harmful practical means exists.

Persons benefited may be civilly liable in proportion to the benefit received.

When the act is performed in lawful fulfillment of duty or exercise of a right or office, with injury a necessary consequence.

When the order has a lawful purpose and is issued by a superior for that purpose.

No. The order must satisfy the requirements of Article 11(6).

Circumstances removing criminal liability because the law excuses the actor despite an otherwise punishable act.

Justification makes the act lawful; exemption excuses the actor from criminal liability.

Insanity exempts, unless the offender acted during a lucid interval.

An imbecile is exempt from criminal liability under Article 12(1).

RA 9344, as amended by RA 10630; children 15 or below are exempt from criminal liability.

When the child acted with discernment, subject to juvenile justice safeguards.

The capacity to understand the wrongfulness of the act and its consequences.

Injury caused by mere accident while performing a lawful act with due care and without fault or intent.

Physical compulsion by an external force that leaves the actor without meaningful freedom of action.

Fear of an equal or greater injury that compels the actor to commit the act.

Irresistible force involves physical compulsion; uncontrollable fear involves coercion through threatened harm.

When such a cause prevents performance of an act required by law.

No. Civil liability may remain under applicable provisions, including Article 101.

Circumstances that reduce the penalty because they lessen the offender's culpability or punishment.

A mitigating circumstance when not all requisites of a justifying or exempting circumstance are present.

The offender did not intend to commit so grave a wrong as the one actually produced.

Adequate provocation or threat by the offended party immediately preceding the act.

Commission of the crime in immediate vindication of a grave offense against the offender or specified relatives.

An impulse naturally producing powerful emotion that diminishes self-control under legally recognized conditions.

Spontaneously submitting to a person in authority or their agent before arrest.

A spontaneous confession of guilt in open court before the prosecution presents evidence.

A qualifying physical defect restricting means of action, defense, or communication.

When illness diminishes willpower without depriving the offender of consciousness of the act.

A circumstance similar in nature to those expressly recognized in Article 13.

Circumstances that increase the seriousness of an offense or affect the applicable penalty.

A proven prior decision to commit the crime, persistence in that decision, and sufficient time for reflection.

Employing means that directly ensure execution of a crime against persons without risk from the victim's defense.

Deliberately taking advantage of excessive strength to overpower the victim's defense.

Nighttime deliberately sought or taken advantage of to facilitate the crime or ensure impunity.

At trial, the offender has a final conviction for another crime under the same title of the Revised Penal Code.

Commission of a crime in the offended party's dwelling when the offended party gave no provocation.

Relationship, intoxication, and the degree of instruction or education of the offender.

When it is not habitual and was not intentionally sought to facilitate the crime.