Article 12. Exempting circumstances

Question 1

Exempting Circumstances

Answer 1

Offender is absolved from criminal liability but not from civil liability because a wrong has indeed been committed. He is only exempted from criminal liability, reason of
that is, the offender acted without voluntariness. There is no voluntariness in the commission of the crime when any of the elements of voluntariness is absent either criminal intent, criminal action, or intelligence. Either of these elements for voluntariness is absent at the time the offender committed the crime, therefore he will be exempted from criminal liability but not from civil liability.

The moment the accused invokes any of the exempting circumstances under Article 12, he in effect admits the acts alleged in the information but he is trying to save himself from responsibility by saying that he should be exempted, he acted without
voluntariness.

Question 2

1. Insanity / Imbecility
2. & 3. Minority
3. Accident
4. Irresistible Force
5. Uncontrollable Fear
6. Lawful or Insuperable Cause

Question 3

1. Insanity / Imbecility

Answer 3

Imbecile person is one who is already advanced in age, but he has only the mental capacity of a child. An imbecile person has no lucid interval. Imbecility is
at all times exempting unlike insanity.

Insanity total mental aberration of the mind. The person cannot distinguish right from wrong and would not know the consequence of his acts. For insanity to exempt the offender from criminal liability, it must occur immediately prior to or at the time of the commission of the crime. Complete deprivation of intelligence.

Question 4

2 & 3. Minority

Discernment
Status Offenses

Answer 4

15 years or under at the time of the commission of the crime, shall be totally
exempt from the criminal liability regardless of discernment; and

Above 15 but below 18 years of age shall be exempt from criminal liability unless he acted with discernment. When he acted with discernment, he shall be
prosecuted in court

Question 5

Accident
(Elements)

Answer 5

1. Offender is performing a lawful act
2. Lawful act is performed with due care
3. He caused an injury by mere accident
4. There was no fault, no intent on the part of the said Offender

Question 6

Irresistible Force
(Elements)

Employed on the accused by another person, a third person, is
irresistible when the accused has been reduced to an instrument, such that he acted not only without will, but also against his will. He had no recourse but to obey; he had no choice but to obey.

Answer 6

1. Compulsion is by Physical Force
2. Physical Force must be irresistible
3. Physical Force must come from a third person

Question 6

Uncontrollable Fear
(Elements)

Answer 6

1. There exists an uncontrollable fear
2. Uncontrollable fear must at least be real or imminent
3. The fear of the injury must be equal to or greater than the wrongful act committed

Question 7

Lawful and Insuperable Cause

Answer 7

This is another exemption to the rule that in case of exempting circumstances, there is no criminal liability, but there is civil liability. In this case, there is no criminal liability and no civil liability.