Article 11

1. What are justifying circumstance?

2. What are the requisites of self defense?
3. What is unlawful aggression?
4. What is the condition precedent for the existence of the circumstance of self-defense?
5. What is the rule when aggression cease to exist?
6. When is unlawful aggression not appreciated?
7. When is there reasonable necessity of the means employed?
8. What are the elements of defense of relatives?
9. What are the elements of defense of strangers?
10. In the event that not all of the requisites for the defense of a relative are attendant, what will be the effect?
11. What does the defense of honor encompass?
12. Can there be justifying circumstance of defense when what is involved is property?
13. What are the elements of state of necessity?
14. What are the elements of fulfillment of duty or exercise of right or office?
15. When is obedience to superior order appreciated?

Article 12

1. What are exempting circumstance?

- Are those ground for exemption from punishment because there is a wanting agent of the crime any of the
conditions which make the act voluntary or negligent.
- Circumstances by virtue of which, although the act is criminal, the law exempts the actor from liability

Exempting circumstance:

a. Imbecility/ Insanity
b. Minority (RA 9344)
c. Accident
d. Compulsion of irresistible force
e. Impulse of uncontrollable fear
f. Insuperable or lawful cause

2. Distinguish between justifying and exempting circumstances?

JUSTIFYING EXEMPTING
The act is legal, within the bounds of law. The act is criminal.
There is no crime, hence no criminal. There is a crime and a criminal.
Since there is no crime, there is no criminal and no civil Since there is a crime, there is a criminal (but
liability. exempt from criminal liability) and there is civil
liability.
The emphasis of the law is on the act The emphasis of the law is on the actor

INSANITY

1. What is insanity?
2. What is the rule when insanity is interpose as defense?
3. What is the rule when insanity or imbecile who has committed a felony?
4. What are the tests or criterion for insanity?
 5. What is schizophrenia? How does it affect criminal liability?
6. What is required for imbecility to be accepted as defense?

MINORITY

1. What is the minimum age of criminal responsibility under RA 9344?

2. Who are those exempt from criminal liability?
3. How is age of minor determined?
4. How are penal laws to be construed as to minor offenders?
5. May a minor found criminally responsible nevertheless escape penalty?

ACCIDENT

1. What is required for the circumstance of accident to be accepted?

2. What is negligence?

IRRESISTIBLE FORCE

1. What are the elements of irresistible force as an exempting circumstance?

2. What is essence for duress to be a valid defense?

UNCONTROLLABLE FEAR

1. What are the elements of uncontrollable fear?

INSUPERABLE CAUSE

1. What is insuperable cause?