Semi-Final Flashcards
(114 cards)
1
Q
Common carrier
A
firms or associations
b. engaged in the businessof carrying or transportingpassengers, goods or both
c. means of carriage is by land, water or air
d. the carrying of passengers , goods or both is for compensation
e. the service is offered to the public without distinction.
2
Q
It is a contract between a carrier of goods or passengers and the consignor, consignee or passenger. Contracts of carriage typically define the rights, duties and liabilities of parties to the contract, addressing topics such as acts of God and including clauses such as force majeure. Among common carriers, they are usually evidenced by standard terms and conditions printed on the reverse of a ticket or carriage document.
A
Contract of Carriage
Art 1723
3
Q
L Common carriers, from the nature of their business and for reasons of public policy, are bound to observe extraordinary diligence in the vigilance over the goods and for the safety of the passengers transported by them, according to all the circumstances of each case.
A
Article 1733
4
Q
Recovery
A
Recovery from a contract of private carriage, requires a contract, that there was negligence, and that the goods are lost. On the other hand, recovery from a contract with a common carrier, only requires the contract and that the goods were lost. This is so because of the presumption of negligence.
5
Q
It is the agency of the government mandated to regulate the economic aspect of air transportation, and shall have the general supervision, control and jurisdiction over air carriers, general sales agents, cargo sales agents, and air freight forwarders as well as their property, property rights, equipment, facilities, and franchise (R.A. No. 776, as amended by P.D. 1462). CAB is an attached agency of the Department of Transportation and Communications (DOTC). In the exercise of its regulatory powers, it is authorized to issue Certificates of Public Convenience and Necessity (CPCN) to domestic carriers, Foreign Air Carrier’s Permit (FACP) to foreign carriers, and Letters of Authority to airfreight forwarders, general sales agents, cargo sales agents who are fit, willing, and able to perform services as required by public convenience and necessity. CAB likewise performs quasi-judicial functions.
A
The Civil Aeronautics Board (CAB)
6
Q
Functions of CAB
A
Establish and prescribe rules, regulations, and procedures for the regulation, promotion, and development of the economic aspect of air transportation;
In the exercise of its regulatory powers, it is authorized to issue Certificates of Public Convenience and Necessity (CPCN) to domestic carriers, Foreign Air Carrier’s Permit (FACP) to foreign carriers, and Letters of Authority to airfreight forwarders, general sales agents, cargo sales agents who are fit, willing, and able to perform services as required by public convenience and necessity. CAB likewise performs quasi-judicial functions.
Establish and prescribe the corresponding rules and regulations in the enforcement and monitoring of compliance of the laws governing stakeholders engaged in air commerce;
Determine, fix and/or prescribe charges and/or rates pertinent to the services in connection with air commerce;
Acts as vice-chairman of the Philippine Air Panel in the negotiations and consultations of air agreements with foreign governments for the promotion, establishment, or development of foreign air transportation
Participates in bilateral, regional, and international fora relating to
7
Q
It is the national aviation authority of the Philippines and is responsible for implementing policies on civil aviation to assure safe, economic and efficient air travel.[2] The agency also investigates aviation accidents via its Aircraft Accident Investigation and Inquiry Board.[3] Formerly Air Transportation Office, it is a government-owned and controlled corporation attached to the Department of Transportation and Communications for the purpose of policy coordination.
A
The Civil Aviation Authority of the Philippines (CAAP)
8
Q
The functions of the CAAP are based on Republic Act 9497 and are as follows:
A
Establish and prescribe the corresponding rules and regulations for the enforcement of laws governing air transportation;
Determine, fix and/or prescribe charges and/or rates pertinent to the operation of public air utility facilities and services;
Administer and operate the Civil Aviation Training Center (CATC);
Operate and maintain national airports, air navigation and other similar facilities in compliance with ICAO;
Perform such other powers and functions as may be prescribed by law.
9
Q
Physical, mental, spiritual human exertion
A
Labor
10
Q
Bodily or intellectual exertion
A
Labor
11
Q
All work whether done by EE for ER or not
A
Labor
12
Q
Physical and mental work performed by EE
A
Labor
13
Q
•ARTICLE XII, SECTION 18
A
–Affirms labor as primary social economic force
–Protect the right of workers
–Promote workers’ welfare
14
Q
•ARTICLE XII, SECTION 12
A
–Promote preferential use of Filipino labor
–Domestic materials
–Locally produced goods
–Adopt measures that help them competitive
15
Q
ARTICLE XIII, SECTION 3
A
Promote principle of shared responsibility –Between workers and employers –Voluntary modes of settling disputes –Enforce mutual compliance –To foster industrial peace
16
Q
ARTICLE XIII, SECTION 14
A
–Protect working women –Provide safe and healthful working conditions –Provide facilities and opportunities –Enhance their welfare –Enable them to realize full potential –Service of the nation
17
Q
COLLECTIVE RIGHTS OF LABOR
A
- Right to self-organization
- Right to collective bargaining negotiation
- Right to peaceful concerted activities
- Right to security of tenure
- Right to humane conditions of work
- Right to a living wage
- Right to participate in policy and decision-making
18
Q
THE LABOR CODE
A
PD 442, approved on May 1, 1974
•Effectivity: Nov. 1, 1974
19
Q
- Oriented toward national development
- Updating of all labor laws
- Development and employment
- Social justice
A
Labor Code
20
Q
TRIPARTISM
A
- Government
- Labor
- Management
21
Q
Management
A
–Representation in decision-making bodies
–Tripartite conference
–Industrial peace
22
Q
CONDITIONS OF EMPLOYMENT
•EMPLOYER-EMPLOYEE RELATIONSHIP TESTS
A
–Right to control test
–Selection and engagement of worker
–Economic test
–Power of dismissal
23
Q
RULE ON HOURS OF WORK •Shall not exceed _ hours a day •Applies to all _ in all establishments –Whether for profit or not –Except:
A
8
EE’s
•gov’t EE’s, managerial EE’s, field personnel
•family members dependent on him for support
•domestic helpers, persons in personal svc to another
•workers paid by results
24
Q
COMPUTATION OF HOURS WORKED
A
–All time EE on duty or at workplace –All time EE permitted to work •Not actually working •Required to be on duty •Need not be at usual workplace •Be at prescribed workplace
25
RULES APPLICABLE
| TO WORK SITUATIONS
•Waiting time
•Subject to call
•Brief rest periods – coffee breaks, washroom
•Travel time
•Lectures, meetings, training programs, except:
– attendance outside EE’s regular working hours
– attendance voluntary
– EE does not perform productive work during such attendance
26
•Necessary work
–Work _, ER _, no _
•Brownouts/work interruptions
–Short duration not exceeding _
–More than __, except when EE can leave, use the time for his interest
•Meal periods
–Not less than _, time-off
–Less __. – work hours
necessary
benefitted
replacement
20 minutes
20 minutes
1 hour
20 mins
27
RULES ON REGULAR WAGE
•_, provided not less statutory requirement
•Considerations:
–Whether or not _
–Whether or not _
•COLA
•_
•_
–Extra benefits given for _ deemed regular
CBA
pay is for extra work
work intended permanent/regular
* Longevity pay
* Productivity bonuses
3 months
28
NATURE OF WAGES
* Remuneration or earnings
* Expressed in terms of money
* Whether fixed or ascertained
* On a time, task, piece, commissioned basis
* Other method of calculation
* Payable by ER to EE written or unwritten K
* For work, done or to be done,
* Services rendered or to be render
29
WAGES VS. SALARIES
Synonimous
30
Compensation for manual labor, inconsiderable pay for a lower character of employment
Wages
31
Higher degree of employment, larger more permanent or fixed compensation for more important service
Salaries
32
FORM OF WAGES
```
•Legal tender
•Check or money order
•Paid directly to, except:
–Required by law (SSS, etc.)
–Authorized by law, w/ EE’s consent
–Court judgment
–heirs
```
33
OVERTIME PAY
HWR (Hourly Wage Rate)
OTR (Overtime rate)
HOW (Hours of Overtime Work)
34
•FORMULA FOR OT:
HWR + OTR x HOW = OT
35
Cash wage, facilities provided excluded
HOURLY WAGE RATE (HWR)
36
•OVERTIME RATE
–25% of HWR (minimum)
37
```
OTR not a fixed factor of _(minimum only)
•_ may grant higher OTR
•LAW:
–_ for rest days or holidays
–_ for rest days which are also holidays
```
25%
ER
30%
50%
38
```
NIGHT SHIFT DIFFERENTIAL
•Not less than _ of regular wage
–For each _ worked
–Between _-_ the following day
•Except:
–
-
-
-
-
```
```
10%
hour
10pm-6am
Gov’t EE’s in the civil service
–EE’s in retail/service establishments w/ > 5 EE’s
–DH’s/persons in the service of another
–Managerial EE’s
–Field personnel
```
39
WEEKLY REST PERIODS
•Not less than _ consecutive hours
–After every _ consecutive normal work days
•No specific rest day
•Could be any day other than _
–Sunday regularly designated
–Sunday worker’s preference on religious ground
–Sunday, EE’s w/ irregular work schedules
24
six
Sunday
40
WORK ON REST DAY
•EE cannot be compelled to work on rest day
•Except:
–actual or impending emergencies (serious accident, fire, flood, typhoon, earthquake, etc.)
–urgent work (machinery, equipment, or installation, to avoid serious loss
–abnormal pressure of work due to special circumstances
–prevent loss or damage to perishable goods
41
ON REST DAY
–where the nature of the work requires _and the stoppage of work may result in _; and
–under other circumstances analogous or similar to the foregoing as determined by the _
continuous operations
irreparable injury or loss to the employer
Secretary of Labor and Employment
42
REGULAR HOLIDAYS
```
–New Year’s Day, January 1
–Maundy Thursday, movable
–Good Friday, movable
–Araw ng Kagitingan, April 9
–Labor Day, May 1
–Independence Day, June 12
–National Heroes Day, last Sunday of August
–Bonifacio Day, November 30
–Christmas Day, December 25
–Rizal Day, December 30
```
43
SPECIAL DAYS
- All Saints Day, November 1
| - Last day of the year, December 31
44
```
•Regular holidays are _
•Holiday pay – _ of daily wage
•Work on holiday -_of daily wage
•Plus 30% premium – _of daily wage rate
•Two regular holidays fall on same date:
–Double holiday pay (_ of daily wage)
–If EE works, additional _on top of daily wage
–Rest day, + 30% premium
```
```
paid days
100%
200%
230%
200%
200%
```
45
```
OTHER WAGE-TYPE BENEFITS
• (COLA)
•13th-month pay
–_
–_
•Employers exempted
```
–Government
–ER’s of DH/persons in service of others
–ER’s of those in compassion
–ER’s already paying 13th month or equivalent
Rank and File
| 1/12 of basic salary
46
COLA
Cost of Living Allowance
47
MINIMUM WAGE RATES
•WAGE RATIONALIZATION ACT _
```
–National Wages and Productivity Commission
•Quasi-judicial body
•Labor Secretary as chairman
•Director General of NEDA as vice chairman
•Two Members from EE’s and ER’s each
•Executive Director
•Appellate jurisdiction over RTWPB
•Term of 5 years
```
(RA 6727
48
Regional Tripartite Wages and Productivity Board
* Quasi-judicial, issues Regional Wage Orders
* Fact-finding body in all regions
* Determine and fix minimum wage rates
* DOLE Regional Director as chairman
* DTI RD as vice chairman
* NEDA RD as co vice chairman
* Two members each from EE’s and ER’s
* Secretariat
49
```
Primary mode of settling wages
•Other terms and conditions of employment
•In case of distortions:
-
-
•Voluntary arbitrators
•Panel of voluntary arbitrators
```
–Grievance procedure under CBA
| –Voluntary arbitration
50
•If no CBA or recognized labor unions:
–National Conciliation and Mediation Board (_ of conciliation)
–Arbitration Branch of NLRC (_ days to decide)
–Pendency of wage distortion dispute, does not delay applicability of wage rate increase
10 days
| 20
51
Applicability of WRA
* All workers and EE’s in the private sector
* Agricultural
* Non-agricultural
* Private educational institutions
* All workers paid by result, receive not less than the prescribed rates per eight-hour a day
* Or proportion thereof for working less 8 hours
52
Legal Exemptions
* DH’s
* Persons employed in personal service of another
* Including family drivers
* Retail or service establishments employing not more than 10 EE’s, may be exempt upon application
53
PENALTIES
•Fine not exceeding _
•And/or imprisonment of not less than_nor more than _
•Convicted not entitled to probation
•Corporations, partnerships, etc. violators:
–President, Vice-president
– Chief Executive Officer, General Manager
–Managing Director, Partner
P25,000.00
one year
2 years
54
HEALTH, SAFETY AND SOCIAL WELFARE BENEFITS
•Medical and Dental Services
–First aid medicines and equipment
–Free medical and dental attendance and facilities
–Necessary assistance in emergency cases
–_, full time registered nurse
–_ graduate first aider
–_, full time registered nurse, part-time physician, part-time dentist
50-200 EE’s
10-50 EE’s,
200-300 EE’s
55
•Occupational Health and Safety
–Mandatory occupational safety and health standards
–Eliminate or reduce occupational safety and health hazards
–_, keep the workplace free from work hazards
–_, cooperate with the ER’s in carrying health and safety rules
ER’s
| EE’s
56
```
SECURITY OF TENURE
–Constitutional and statutory right
–Regular employment:
No termination except for:
_
•Reinstatement w/o loss of seniority
•Full back wages
```
–Just cause
–After due process
–Illegal dismissal
57
General rule: Regular Employment
•Exceptions:
_
```
–Project employees
–Seasonal employees
–Casual employees
–Probationary employees
–Contractual employees
```
58
MANAGEMENT PREROGATIVES
–Operation of the business
_
* Transfer or relocation of plants
* Introduction of new machines
* Transformation of the company (mergers, etc.)
* Suspension of operations
* Sale or disposition of the business
* Total closure, in good faith
59
PERSONNEL ACTION
```
–Hiring of personnel
–Determination of work force
–Transfers and assignments of employees
–Disciplining of employees
–Terminating employees for cause
```
60
Grounds for lawful dismissal
JUST CAUSES
AUTHORIZED CAUSES
61
Just causes
–Serious misconduct or willful disobedience by the employee of the lawful orders of employer or representative r his work
Gross and habitual neglect by EE of his duties
–Fraud or willful breach of EE of trust by ER
–Crime
62
Authorized Causes
–Reduction of personnel due to installation of labor-saving devises
–Reduction of personnel due to redundancy
–Retrenchment to prevent losses
–Closure of establishment or cessation of operation
–Disease
63
JURISDICTION OF CIVIL COURTS
Cases with no causal connection of EE-ER relationship
•Violation of labor laws which are penal in nature
•Criminal cases resulting from ULP
•Insolvency proceedings
•In the exercise of their equity jurisdiction
•“Innocent by-stander”
64
```
CERTIORARI JURISDICTION
•Supreme Court
–Question of laws only
•Court of Appeals
–Question of facts and laws
–Lack or excess of jurisdiction
–Grave abuse of discretion amounting to lack or excess of jurisdiction
–Gthere is no appeal, nor any plain, speedy and adequate remedy in the ordinary course of law
```
E
65
Voluntary Arbitrators
Person accredited by NCMB
•Person designated in the CBA
•Selection procedure under CBA
•Person authorized by SOLE
66
Original Jurisdiction of NLRC
Petition for temporary injunction
–Temporary injunction ex parte
–Strike or lockout, _ certify to NLRC for compulsory arbitration
–Strike or lockout prevented
Secretary of Labor
67
GROUNDS OF APPEALED CASES
* Abuse of discretion
* Fraud or coercion, including graft and corruption
* Purely questions of law
* Serious errors in finding of fact which if not corrected, would cause grave or irreparable damage or injury to the appellant
68
EXCLUSIVE APPELATE JURISDICTION OVER DECISIONS OF:
–Labor Arbiters
–Regional Director or Hearing Officer, over recovery of wages and simple money claims (within 5 days from receipt of copy of decision
–POEA (within 10 days from receipt of copy thereof
69
Labor Arbiters
All claims for damages
70
EE’S-ER’S relationship involving all workers, agricultural or non-agricultural
•Unfair labor practices
•Civil aspects of ULP
•Termination disputes; affirmative reliefs
•Reinstatement – wages, rates of pay, hours of work, other terms and conditions of employment
Labor Arbiters
71
National Council and Mediation Board
Functions
FUNCTIONS
–Conciliation
•Bearer of messages from one party to another
–Mediation
•Also bears messages, but submits proposals
–Voluntary arbitration
–Voluntary modes of settling industrial disputes
72
EXCLUSIVE ORIGINAL JURISDICTION OF MED-ARBITER OF REGIONAL OFFICE
* Representation cases
* Union registration
* Revocation cases
* Cancellation cases CBA registration cases
73
EXCLUSIVE ORIGINAL JURISDICTION OF BUREAU OF LABOR RRELATIONS
* Restructuring cases
* Union registration cases
* Union revocation cases,
* Union cancellation cases
* Arising from restructuring cases
74
BUREAU OF LABOR RELATIONS AND LABOR RELATIONS DIVISION OF DOLE REGIONAL OFFICES
–All inter-union and intra-union conflicts
–All disputes, grievances or problems arising from or affecting labor-management relations
–15 working days to resolve, unless extended
75
Temporary stoppage of work by concerted action of EE’s as a result of industrial dispute
–EE’s-ER’s relationship
–Existence of industrial dispute
STRIKES
76
Temporary refusal of employer to furnish work as a result of industrial dispute
LOCKOUTS
77
UNION SECURITY CLAUSES IN CBA
* Agency Fee
* Closed Shop
* Union Shop
* Maintenance of Membership
78
Non-union members may be assessed fees
Agency fee
79
Only union members may be hired
Closed shop
80
Already hired become members after a period
Union shop
81
Continued employment, good standing
Maintenance of membership
82
Contents of CBA
* Pertinent terms and conditions of employment
* Wages and other benefits
* Strikes
* Lockouts
* Grievance machinery
83
Procedure in CBA
* Written notice
* Conference
* NCMB interference
* Parties prohibited from acts of disruption
* NCMB to settle disputes
84
```
NATURE
–Bargaining by a labor organization
–In behalf of its members
–With the employer
–Re terms and conditions of employment
–Towards CBA
–Constitutional right of EE’s
```
CBA
85
TERMINATION BY THE EMPLOYEE
•WITH OR WITHOUT CAUSE
–Without just cause, written notice to ER, _ in advance
–Without serving any notice:
•Serious insult by the ER
•Inhuman and unbearable treatment accorded the EE
•Crime or offense committed vs. EE, family member by ER or representive
•Other analogous causes
1 month
86
•Retirement under CBA or contract
•Retirement in the absence of a retirement plan, optional or compulsory
Without a plan:
–At least_ for every year of service, fraction of six months considered 1 year
–Cash equivalent of not more than _ of service incentive leave
one-half month
| 5 days
87
1/12 of 13th month pay
–Other benefits ER and EE agree to be included
•Covered workers paid by results:
–Basis: average daily salary for the last 12 months reckoned from date of retirement, divided by the number of actual working days for said period
Retirement
88
–All employees in the private sector
–Exceptions:
•Domestic helpers
•Persons in the personal service of another
•EE’s in retail, service and agricultural establishments employing not more than 10 employees
Retirement
89
–Constitutional right to self-organization
–Definition:
•Union or association of employees
•Exists in whole in part
•Purpose of collective bargaining
•Or dealing with employers re terms and conditions of employment
LABOR ORGANIZATION
90
Kinds of Labor Organization
* Independent Labor Union
* Legitimate Labor Organization
* Company Union
* Federation and national unions
* Trade associations (ambulant workers)
91
Bureau of Labor Relations
•Requirements for registration
–Registration fee
–Names of officers, address, etc.
–Independent union, _ of members
–Annual financial reports, exists _ or more years
–Constitution and by-laws, minutes of adoption, list of members who participated
20%
| 1
92
Grounds for Cancellation of Union Registration
–_, false statement or fraud in adoption of constitution and by-laws
–\, false statement or fraud in election matters
–Voluntary dissolution b y the members
Misrepresentation
| Misrepresentation
93
Effect of registration: _
–Status of legitimate labor organization
–Certificate of Registration by BLR
•Representative for CBA
•Certified as exclusive representative for CBA
•Receive from ER its annual audited financial statements
•Own property, real or personal
•Sue and be sued
•Undertake other activities beneficial to labor union
legal personality
94
Rights of Union Members
•No excessive initiation fees
•Entitled to full and detailed reports
•Directly elect their officers
•Participate in major policy decision
•No membership in subversive organization
•No officer convicted of crimes involving moral turpitude
No collections unless authorized
•Payment of fees always receipted
•No illegal application of funds
•Evidence of income and expenditures
•Officers paid only their salaries and expenses
•Render true and correct account of all monies
•Books of accounts always open to members
No illegal special assessment
•No special assessments, atty.’s fees, checked off from any amount due an employee
•Duty of union and officers:
–Inform members on its constitution and by-laws
–CBA
–Prevailing labor relations system
–Rights and obligations under labor laws
95
Who can join Labor Unions?
Rank-and-file EE’s, employed or not for definite period, beginning first day of service
•Government EE’s in the civil service,
–Except:
•high-level EE’s, functions are policy-making, managerial or highly confidential
•AFP members
•PNP members
•Firemen and jail guards
Employees of government corporations under Corporation Code
•Supervisory employees cannot join unions
•Security personnel who are employees in relation to the establishment of their ER’s
•Aliens working in this country w/ valid employment permits
96
Who cannot join Labor unions?
* Managerial employees
* Subversives
* Members of subversive organizations
* Employees of cooperatives
* CBA-excluded employees (accounting personnel, radio and telegraph operators, and secretaries)
97
LABOR-MANAGEMENT COUNCIL
•Right of Workers to Participate in policy and decision-making process re rights, benefits
•Representative elected by majority
•If no legitimate labor organization exists:
–LMC may be formed voluntarily by EE’s
–Purpose of promoting industrial peace
UNFAIR LABOR PRACTICES
•CONCEPT
–Violate constitutional rights of workers to self-organization
–Inimical to interest of both the EE’s and ER’s
–Including right to CBA
–Deal with each other:
•Atmosphere of freedom and mutual respect
•Disrupt industrial peace
•Hinder promotion of healthy labor-management ties
98
Reliefs available
CIVIL (DAMAGES)
–Actual, moral, exemplary, other forms of damages
–Attorney’s fees
–Other affirmative relief
–Labor Arbiter’s jurisdiction
–No recovery of civil liability under Civil Code if recovery under administrative proceedings
CRIMINAL
–No criminal prosecution instituted without final judgment in administrative proceeding
–Stop the running of prescriptive period of crimes
–Final judgment in administrative proceeding, not binding in criminal case nor evidence of guilt
–Only proof of compliance with procedural requirements
99
Dual Aspects of ULP
* PREVENTIVE
* REMEDIAL
* PENAL
100
CDO preventing a party to commit ULP
Preventive
101
Affirmative reliefs: reinstatement, damages, atty.’s fees, etc.
Remedial
102
Fine, imprisonment, or both
Penal
103
ULP Exclusive to Union
```
Interfere with right to self-organization
–Outright intimidation
–Interference such as espionage, surveillance
–Threats
–Offering of bribes
•“Yellow-dog” contracts (not join union)
•Contract out services
•Company union
```
104
-Cause ER deliver money to union, as exactions
–For services which are not performed
–Or not to be performed
–Including the demand for a fee for union negotiations
FEATHERBEDDING
105
QUALIFIED ULP
* Violation of CBA
* Dismissal of laborers due to union membership
* Termination of employment if tainted with abuse of discretion
106
LABOR ARBITERS
–Damages and other claims
–Decisions final/executory unless appealed to NLRC
•Within 10 calendar days from receipt
•Reinstatement decision immediately executory, even pending appeal
•EE’s admitted to work
•Reinstate in the payroll
CONCEPT
–Possession of status of majority representation
–Proof of such majority representation
–Demand to bargain collectively
–First 2 conditions - process of certification election
•Certification election not a litigation but an investigation of non-adversary, fact-finding character, to determine exclusive representative of EE’s for purpose of collective bargaining
107
Time when Act takes effect. — This Code shall take effect on the _
first day of January, nineteen hundred and thirty-two.
108
The Revised Penal Code of the Philippines
Preliminary Article — This law shall be known as "The Revised Penal Code."
Act. No. 3815 December 8, 1930
109
Acts and omissions punishable by law are _
felonies (delitos).
110
Felonies are committed not only be means of _ but also by means of _.
deceit (dolo)
| fault (culpa)
111
There is _ when the act is performed with deliberate intent and there is fault when the wrongful act results from imprudence, negligence, lack of foresight, or lack of skill.
deceit
112
Criminal liability incurred on
1. By any person committing a felony (delito) although the wrongful act done be different from that which he intended.
2. By any person performing an act which would be an offense against persons or property, were it not for the inherent impossibility of its accomplishment or an account of the employment of inadequate or ineffectual means.
113
Do not incur criminal liability
Anyone who acts in defense of his person or rights, provided that the following circumstances concur;
First. Unlawful aggression.
Second. Reasonable necessity of the means employed to prevent or repel it.
Third. Lack of sufficient provocation on the part of the person defending himself.
2. Any one who acts in defense of the person or rights of his spouse, ascendants, descendants, or legitimate, natural or adopted brothers or sisters, or his relatives by affinity in the same degrees and those consanguinity within the fourth civil degree, provided that the first and second requisites prescribed in the next preceding circumstance are present, and the further requisite, in case the revocation was given by the person attacked, that the one making defense had no part therein.
Anyone who acts in defense of the person or rights of a stranger, provided that the first and second requisites mentioned in the first circumstance of this Art. are present and that the person defending be not induced by revenge, resentment, or other evil motive.
4. Any person who, in order to avoid an evil or injury, does not act which causes damage to another, provided that the following requisites are present;
First. That the evil sought to be avoided actually exists;
Second. That the injury feared be greater than that done to avoid it;
Third. That there be no other practical and less harmful means of preventing it. 5. Any person who acts in the fulfillment of a duty or in the lawful exercise of a
right or office.
6. Any person who acts in obedience to an order issued by a superior for some lawful purpose.
114
Circumstances which exempt from criminal liability. — the following are exempt from criminal liability:
1. An imbecile or an insane person, unless the latter has acted during a lucid interval.
When the imbecile or an insane person has committed an act which the law defines as a felony (delito), the court shall order his confinement in one of the hospitals or asylums established for persons thus afflicted, which he shall not be permitted to leave without first obtaining the permission of the same court.
2. A person under nine years of age.
3. A person over nine years of age and under fifteen, unless he has acted with discernment, in which case, such minor shall be proceeded against in accordance with the provisions of Art. 80 of this Code.
When such minor is adjudged to be criminally irresponsible, the court, in conformably with the provisions of this and the preceding paragraph, shall commit him to the care and custody of his family who shall be charged with his surveillance and education otherwise, he shall be committed to the care of some institution or person mentioned in said Art. 80.
4. Any person who, while performing a lawful act with due care, causes an injury by mere accident without fault or intention of causing it.
5. Any person who act under the compulsion of irresistible force.
6. Any person who acts under the impulse of an uncontrollable fear of an equal or greater injury.
7. Any person who fails to perform an act required by law, when prevented by some lawful insuperable cause.
