ART.

4 CRIMINAL LIABILITY
Par. 1 Criminal liability for a felony committed different from that intended to be
committed
REQUISITES:
1.
2.

FELONY HAS BEEN COMMITED INTENTIONALLY

INJURY or DAMAGE DONE TO THE OTHER PARTY IS THE DIRECT, NATURAL, and
LOGICAL CONSEQUENCE of the FELONY.

Par. 2 Impossible Crime

REQUISITES:
1.
2.
3.
4.

ACT WOULD HAVE BEEN AN OFFENSE AGAINST PERSONS or PROPERTY

THERE WAS CRIMINAL INTENT
ACCOMPLISHMENT IS INHERENTLY IMPOSSIBLE
ACT IS NOT AN ACTUAL VIOLATION OF ANOTHER CODE OR OF SPECIAL LAW
ART. 6 CONSUMMATED, FRUSTRATED, and ATTEMPTED FELONIES

STAGES OF EXECUTION
1.
2.

3.

CONSUMMATED
FRUSTRATED
ELEMENTS:
A. OFFENDER PERFORMS ALL ACTS OF EXECUTION
B. ALL THESE ACTS WOULD PRODUCE FELONY AS A CONSEQUENCE
C. BUT THE FELONY IS NOT PRODUCED
D. BY REASON OF CAUSES INDEPENDENT TO THE WILL OF THE
PERPETRATOR
ATTEMPTED
ELEMENTS:
A. OFFENDER COMMENCES THE FELONY DIRECTLY BY OVERT ACTS
B. DOES NOT PERFORM ALL ACTS WHICH WOULD PRODUCE THE FELONY
C. HIS ACTS ARE NOT STOPPED BY HIS OWN SPONTANEOUS DESISTANCE
D. NON-PERFORMANCE OF ALL ACTS WAS DUE TO CAUSE OR ACCIDENT

ART. 8 CONSPIRACY AND PROPOSAL TO COMMIT FELONY

CONSPIRACY
REQUISITES:
1.
2.
3.

TWO OR MORE PERSONS COME TO AN AGREEMENT

FOR THE COMMISSION OF A FELONY
AND THEY DECIDE TO COMMIT IT

PROPOSAL
REQUISITES:
1.
2.

A PERSON HAS DECIDED TO COMMIT FELONY

AND PROPOSES ITS EXECUTION TO SOME OTHER PERSON OR PERSONS

ART.11 JUSTIFYING CIRCUMSTANCES

Par. 1 SELF-DEFENSE

ELEMENTS:

ELEMENTS:
1.
2.
3.

UNLAWFUL AGGRESSION
REASONABLE NECESSITY OF THE MEANS EMPLOYED TO PREVENT OR REPEL
IT
LACK OF SUFFICIENT PROVOCATION ON THE PART OF THE PERSON
DEFENSING HIMSELF

Par. 2 DEFENSE OF RELATIVE

3.

UNLAWFUL AGGRESSION
REASONABLE NECESSITY OF THE MEANS EMPLOYED TO PREVENT OR REPEL
IT
IN CASE THE PROVOCATION WAS GIVEN BY THE PERSON ATTACKED, THE
ONE MAKING THE DEFENSE HAD NO PART IN SUCH PROVOCATION

SPOUSE
ASCENDANTS
DESCENDANTS
LEGITIMATE, NATURAL, OR ADOPTED BROTHERS and
SISTERS, or RELATIVES BY AFFINITY IN THE SAME DEGREES
RELATIVES BY CONSANGUINITY WITHIN THE 4TH CIVIL
DEGREE

Par. 3 DEFENSE OF STRANGER

ELEMENTS:

3.

EVIL SOUGHT TO BE AVIODED ACTUALLY EXISTS

INJURY FEARD BE GREATER THAN THAT DONE TO AVOID IT
NO PRACTICAL AND LESS HARMFUL MEANS OF PREVENTING IT

Par. 5 FULFILLMENT OF DUTY or LAWFUL EXERCISE OF A RIGHT or OFFICE

ELEMENTS:

2.

ACCUSED ACTED IN THE PERFORMANCE OF DUTY OR IN THE LAWFUL

EXERCISE OF A RIGHT OR OFFICE
THE INJURY CAUSED OR OFFENSE COMMITTED BE THE NECESSARY
CONSEQUENCE OF THE DUE PERFORMANCE OF THE DUTY OR THE LAWFUL
EXERCISE OR SUCH RIGHT OR OFFICE.

Par. 6 OBEDIENCE TO A SUPERIOR ORDER

ENTITLED:

1.
2.

1.
2.
3.

1.

ELEMENTS:
1.
2.

Par. 4 STATE OF NECESSITY (AVOIDANCE OF GREATER EVIL OR INJURY)

UNLAWFUL AGGRESSION
REASONABLE NECESSITY OF THE MEANS EMPLOYED TO PREVENT OR REPEL
IT
PERSON DEFENDIN BE NOT INDUCED BY REVENGE, RESENTMENT OR OTHER
EVIL MOTIVE

ELEMENTS:
1.
2.
3.

AN ORDER HAS BEEN ISSUED

ORDER HAS A LAWFUL PURPOSE
MEANS USED BY SUBORDINATE TO CARRY OUT SAID ORDER IS LAWFUL

Par. 7 INSUPERABLE CLAUSE

ART. 12 EXEMPTING CIRCUMSTANCES
Par. 1 IMBECILITY OR INSANITY
REQUSITES (INSANITY)
A. ACT WAS DONE DURING LUCID INTERVAL
Par. 2 UNDER 15 YEARS OF AGE
REQUISITES:
A. OFFENDER IS UNDER 15 YEARS OF AGE AT THE TIME OF THE COMMISSION
OF THE CRIME.

Par. 3 PERSON OVER 15 AND UNDER 18 ACTING WITHOUT DISCERNMENT

Par. 4 ACCIDENT WITHOUT FAULT OR INTENTION OF CAUSING IT

REQUISITES:
1.
2.
3.
4.

A PERSON IS PERFORMING A LAWFUL ACT

WITH DUE CARE
HE CAUSES INJURY TO ANOTHER BY MERE ACCIDENT
WITHOUT FAULT OR INTENTION OF CAUSING IT

Par. 5 IRRESISTIBLE FORCE

REQUISITES:
1.
2.
3.

THE COMPULSION IS BY MEANS OF PHYSICAL FORCE

THE PHYSICAL FORCE MUST BE IRRESISTIBLE
THE PHYSICAL FORCE MUST COME FROM A THIRD PERSON.

Par. 6 UNCONTROLLABLE FEAR

REQUISITES:
1.
2.

THE THREAT WHICH CAUSES THE FEAR IS OF AN EVIL GREATER THAN, OR AT

LEAST EQUAL TO, THAT WHICH HE IS REQUIRED TO COMMIT
IT PROMISES AN EVIL OF SUCH GRAVITY AND IMMINENCE THAT AN
ORDINARY MAN WOULD HAVE SUCCUMBED TO IT.

REQUISITES:
1.
2.
3.

AN ACT ACQUIRED BY LAW TO BE DONE

A PERSON FAILS TO PERFORM SUCH ACT
HIS FAILURE TO PERFORM SUXH ACT WAS DUE TO SOME LAWFUL OR
INSUPERABLE CLAUSE

ART. 13 MITIGATING CIRCUMSTANCES

Par. 1 Incomplete Justifying or Exempting Circumstances
Par. 2 Under 18 or Over 70 Years Old

Par. 8 Physical Defect of Offender

Par. 3 No Intention to Commit so Grave a Wrong

Par. 9 Illness of the Offender

Par. 4 Provocation or Threat

Requisites:
1. The illness of the offender must diminish the exercise of his will-power.
2. Such illness should not deprive the offender of consciousness of his acts.

Requisites:
1. Provocation must be sufficient
2. It must originate from the offended party
3. Must be immediate to the commission of the crime by the person who is
provoked
Par. 5 Vindication of Grave Offense
Requisites:
1. grave offense done to the one committing the felony, his spouse,
ascendants, descendants, legitimate, natural or adopted brothers or sisters
or relatives by affinity within the same degrees
2. the felony is committed in immediate vindication of such grave offense
Par. 6 Passion or Obfuscation
Requisites:
1. Offender acted upon an impulse
2. The impulse must be so powerful that It naturally produced passion or
obfuscation in him
Par. 7 Surrender and Confession of Guilt
Requisites:
VOLUNTARY SURRENDER
1. offender not actually arrested
2. offender surrendered to person in authority
3. surrender was voluntary
VOLUNTARY PLEA OF GUILT
1. offender spontaneously confessed his guilt
2. confession was made in open court, that is, before the competent court that
is to try the case
3. confession of guilt was made prior to the presentation of the evidence for
the prosecution

Par. 10 Similar and Analogous Circumstances

ARTICLE 12 AGGRAVATING CIRCUMSTANCE

Par. 1. That advantage be taken by the offender of his public position.
Requisites:
1. Offender is public officer
2. Public officer must use the influence, prestige, or ascendancy which his office gives
him as means to realize criminal purpose
Par. 2. That the crime be committed in contempt or with insult to the public
authorities.
Requisites:
1. That the public authority is engaged in the exercise of his functions.
2. That he who is thus engaged in the exercise of said functions is not the person against
whom the crime is committed.
3. The offender knows him to be a public authority.
4. His presence has not prevented the offender from committing the criminal act.
Par. 3. That the act be committed with
(1) Insult or in disregard of the respect due the offended party on account of his
(a) rank, (b) age, or (c) sex, or
(2) that is be committed in the dwelling of the offended party, if the latter has not
given provocation.
Par. 4. That the act be committed with
(1) abuse of confidence or
(2) obvious ungratefulness.
Requisites of Abuse Of Confidence:
1. That the offended party had trusted the offender.
2. That the offender abused such trust by committing a crime against the offended
party.
3. That the abuse of confidence facilitated the commission of the crime.
Requisites of obvious ungratefulness:
1. That the offended party had trusted the offender;
2. That the offender abused such trust by committing a crime against the offended
party.
3. That the act be committed with obvious ungratefulness.

Par. 5. That the crime be committed in the palace of the Chief Executive or in his
presence, or where public authorities are engaged in the discharge of their duties, or in
a place dedicated to religious worship.
Requisites Regarding Public Authorities:
1. crime occurred in the public office
2. public authorities are actually performing their public duties
Par. 6. That the crime be committed
(1) in the night time, or
(2) in an uninhabited place, or
(3) by a band,
whenever such circumstances may facilitate the commission of the offense.
Par. 7. That the crime be committed on the occasion of a conflagration, shipwreck,
earthquake, epidemic or other calamity or misfortune.
Requisites:
1. The crime was committed when there was a calamity or misfortune
2. The offender took advantage of the state of confusion or chaotic condition from such
misfortune
Par. 8. That the crime be committed with the aid of armed men or persons who insure
or afford impunity.
Requisites:
1. That armed men or persons took part in the commission of the crime, directly or
indirectly.
2. That the accused availed himself of their aid or relied upon them when the crime
was committed
Par. 9. That the accused is a recidivist.
Requisites:
1. That the offender is on trial for an offense;
2. That he was previously convicted by final judgment of another crime;
3. That both the first and the second offenses are embraced in the same title of the
Code;
4. That the offender is convicted of the new offense.

Par. 10. That the offender has been previously punished by an offense to which the law
attaches an equal or greater penalty or for two or more crimes to which it attaches a
lighter penalty.
Requisites Of Reiteracion Or Habituality:
1. That the accused is on trial for an offense;
2. That he previously served sentence for another offense to which the law attaches an
a) Equal or
b) Greater penalty, or
c) For two or more crimes to which it attaches a lighter penalty than that for
the new offense; and
3. That he is convicted of the new offense

Par. 16. That the act be committed with treachery (alevosia).

Requisites:
1. That at the time of the attack, the victim was not in a position to defend himself; and
2. That the offender consciously adopted the particular means, method or form of
attack employed by him.
Par. 17. That means be employed or circumstances brought about which add ignominy
to the natural effects of the act.
Par. 18. That the crime be committed after an unlawful entry.
There is an unlawful entry when an entrance of a crime a wall, roof, floor, door, or
window be broken.

Par. 11. That the crime be committed in consideration of a price, reward, or promise.
Requisites:
1. There are at least 2 principals:
The principal by inducement (one who offers)
The principal by direct participation (accepts)
2. The price, reward, or promise should be previous to and in consideration of the
commission of the criminal act
Par. 12. That the crime be committed by means of inundation, fire, poison, explosion,
stranding of a vessel or international damage thereto, derailment of a locomotive, or by
the use of any other artifice involving great waste and ruin.
Par. 13. That the act be committed with evidence premeditation.
Requisites:
The prosecution must prove
1. The time when the offender determined to commit the crime;
2. An act manifestly indicating that the culprit has clung to his determination; and
3. A sufficient lapse of time between the determination and execution, to allow him to
reflect upon the consequences of his act and to allow his conscience to overcome the
resolution of his will.
Par. 14. That the (1) craft, (2) fraud or (3) disguise be employed.
Requisite
The offender must have actually used craft, fraud, or disguise to facilitate the
commission of the crime.
Par. 15. That (1) advantage be taken of superior strength, or (2) means be employed to
weaken the defense.

Par. 20. That the crime be committed

(1) with the aid of persons under fifteen years of age or
(2) by means of motor vehicles, motorized watercraft, airships, or other similar means.
(As amended by RA 5438).
Par. 21. That the wrong done in the commission of the crime be deliberately augmented
by causing other wrong not necessary for its commissions.