CHAPTER TWO that the first and second requisites prescribed in the next incomplete, unless the victim

incomplete, unless the victim has committed an unlawful

preceding circumstance are present, and the further aggression against the person defending himself.
Justifying Circumstances and Circumstances which Exempt requisite, in case the provocation was given by the
from Criminal Liability person attacked, that the one making defense had no NOTE: Aggression must be unlawful
part therein.
Imputability – is the quality by which an act may be NOTE: Mere belief of an impending attack is not
ascribed to a person as its author or owner. It implies that 3. Anyone who acts in defense of the person or rights of a sufficient. Neither is an intimidating or threatening
the act committed has been freely and consciously done stranger, provided that the first and second requisites attitude. Even a mere push or shove not following by
and may, therefore, be put down to the doer as his very mentioned in the first circumstance of this article are other acts placing in real peril the life or personal safety
own. present and that the person defending be not induced by of the accused is not unlawful aggression.
revenge, resentment, or other evil motive.
Reasonability – is the obligation of suffering the Retaliation is not self-defense:
consequences of crime. 4. Any person who, in order to avoid an evil or injury, - The aggression that was given was begun by the
does an act which causes damage to another, provided injured party already ceased to exist when the
Imputability distinguished from Reasonability that the following requisites are present; accused attacked him. in self-defense, the
1. Imputability implies that a deed may be imputed aggression was still existing when the aggressor
to a person, First. That the evil sought to be avoided actual exists; was injured or disabled by the person making a
2. Reasonability implies that the person must take defense.
the consequence of such a deed. Second. That the injury feared be greater than that done - Thus, when a person had inflicted slight physical
to avoid it; injuries on another, without intention to inflict
Meaning of Guilt: is an element of responsibility, for a other injuries, and the latter attacked the
man cannot be made to answer for the consequences of a Third. That there be no other practical and less harmful former, the one making the attack was an
crime unless he is guilty. means of preventing it. unlawful aggressor. The attack made was a
retaliation.
Justifying circumstances 5. Any person who acts in the fulfillment of a duty or in
- Are those where the act of a person is said to be the lawful exercise of a right or office. NOTE: A strong retaliation for any injury or threat may
in accordance with law, so that such person is amount to an unlawful aggression.
deemed not to have transgressed the law and is 6. Any person who acts in obedience to an order issued
free from both criminal and civil liability. by a superior for some lawful purpose. Retaliation is not a justifying circumstance when:
unlawful aggression ceases, the defender no longer has
Article 11. Justifying circumstances. - The following do Par. 1 – Self Defense: the right to kill or even wound the former aggressor.
not incur any criminal liability: 1. Unlawful Aggression
2. Reasonable necessity of the means employed to NOTE: Retreat to take a more advantageous position to
1. Anyone who acts in defense of his person or rights, prevent or repel it; insure success of the attack already begun by him, the
provided that the following circumstances concur; 3. Lack of sufficient provocation on the part of the unlawful aggression is considered still continuing, and the
person defending himself. one making a defense has a right to pursue him in his
First. Unlawful aggression; retreat and to disable him.
Unlawful Aggression
Second. Reasonable necessity of the means employed to - Is equivalent to assault or at least threatened NOTE: No unlawful aggression when there is agreement
prevent or repel it; assault of an immediate and imminent kind. to fight:
- There is unlawful aggression when the peril to 1. No unlawful aggression in concerted fight
Third. Lack of sufficient provocation on the part of the one’s life, limb or right is either actual or 2. There is agreement to fight
person defending himself. imminent. 3. The challenge to a fight must be accepted
- There must be actual physical force or actual use
2. Any one who acts in defense of the person or rights of of weapon. Reason for the Rule in Agreeing to fight: each of the
his spouse, ascendants, descendants, or legitimate, protagonists is at once assailant and assaulted, and neither
natural or adopted brothers or sisters, or of his relatives NOTE: The presence of unlawful aggression is a condition can invoke the right of self-defense, because aggression
by affinity in the same degrees, and those by sine qua non. There can be no self-defense, complete or which is an incident in the fight is bound to arise from one
consanguinity within the fourth civil degree, provided or the other of the combatants.
 Article 13. Mitigating circumstances. - The following are Article 14. Aggravating circumstances. - The following are
NOTE: One who voluntarily joined a fight cannot claim mitigating circumstances: aggravating circumstances:
self-defense
1. Those mentioned in the preceding chapter, when all the 1. That advantage be taken by the offender of his public
Article 12. Circumstances which exempt from criminal requisites necessary to justify the act or to exempt from position.
liability. - The following are exempt from criminal liability: criminal liability in the respective cases are not attendant.
2. That the crime be committed in contempt of or with
1. An imbecile or an insane person, unless the latter has 2. That the offender is under eighteen years of age or over insult to the public authorities.
acted during a lucid interval. seventy years. In the case of the minor, he shall be
proceeded against in accordance with the provisions of 3. That the act be committed with insult or in disregard of
When the imbecile or an insane person has committed an article 80. the respect due to the offended party on account of his
act which the law defines as a felony (delito), the court rank, age, or sex, or that it be committed in the dwelling of
shall order his confinement in one of the hospitals or 3. That the offender had no intention to commit so grave a the offended party, if the latter has not given provocation.
asylums established for persons thus afflicted, which he wrong as that committed.
shall not be permitted to leave without first obtaining the 4. That the act be committed with abuse of confidence or
permission of the same court. 4. That sufficient provocation or threat on the part of the obvious ungratefulness.
offended party immediately preceded the act.
2. A person under nine years of age. 5. That the crime be committed in the palace of the Chief
5. That the act was committed in the immediate Executive, or in his presence, or where public authorities
3. A person over nine years of age and under fifteen, vindication of a grave offense to the one committing the are engaged in the discharge of their duties, or in a place
unless he has acted with discernment, in which case, such felony (delito) his spouse, ascendants, descendants, dedicated to religious worship.
minor shall be proceeded against in accordance with the legitimate, natural or adopted brothers or sisters or
provisions of article 80 of this Code. relatives by affinity within the same degrees. 6. That the crime be committed in the nighttime, or in an
uninhabited place, or by a band, whenever such
When such minor is adjudged to be criminally 6. That of having acted upon an impulse so powerful as circumstances may facilitate the commission of the
irresponsible, the court, in conformity with the provisions naturally to have produced passion or obfuscation. offense.
of this and the preceding paragraph, shall commit him to
the care and custody of his family who shall be charged 7. That the offender had voluntarily surrendered himself to Whenever more than three armed malefactors shall have
with his surveillance and education; otherwise, he shall be a person in authority or his agents, or that he had acted together in the commission of an offense, it shall be
committed to the care of some institution or person voluntarily confessed his guilt before the court prior to the deemed to have been committed by a band.
mentioned in said article 80. presentation of the evidence for the prosecution.
7. That the crime be committed on the occasion of a
4. Any person who, while performing a lawful act with due 8. That the offender is deaf and dumb, blind or otherwise conflagration, shipwreck, earthquake, epidemic, or other
care, causes an injury by mere accident without fault or suffering some physical defect which thus restricts his calamity or misfortune.
intention of causing it. means of action, defense, or communication with his
fellow beings. 8. That the crime be committed with the aid of armed men
5. Any person who acts under the compulsion of or persons who insure or afford impunity.
irresistible force. 9. Such illness of the offender as would diminish the
exercise of the will-power of the offender without 9. That the accused is a recidivist.
6. Any person who acts under the impulse of an however depriving him of consciousness of his acts.
uncontrollable fear of an equal or greater injury. A recidivist is one who, at the time of his trial for one
10. And, finally, any other circumstance of a similar nature crime, shall have been previously convicted by final
7. Any person who fails to perform an act required by law, and analogous to those above mentioned. judgment of another crime embraced in the same title of
when prevented by some lawful insuperable cause. this Code.
CHAPTER FOUR
CHAPTER THREE 10. That the offender has been previously punished for an
Circumstances which Aggravate Criminal Liability offense to which the law attaches an equal or greater
Circumstances which Mitigate Criminal Liability penalty or for two or more crimes to which it attaches a
lighter penalty.
11. That the crime be committed in consideration of a
price, reward, or promise.

12. That the crime be committed by means of inundation,

fire, poison, explosion, stranding of a vessel or intentional
damage thereto, derailment of a locomotive, or by the use
of any other artifice involving great waste and ruin.

13. That the act be committed with evident premeditation.

14. That craft, fraud, or disguise be employed.

15. That advantage be taken of superior strength, or

means be employed to weaken the defense.

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

There is treachery when the offender commits any of the

crimes against the person, employing means, methods, or
forms in the execution thereof which tend directly and
specially to insure its execution, without risk to himself
arising from the defense which the offended party might
make.

17. That means be employed or circumstances brought

about which add ignominy to the natural effects of the act.

18. That the crime be committed after an unlawful entry.

There is an unlawful entry when an entrance is effected by

a way not intended for the purpose.

19. That as a means to the commission of a crime a wall,

roof, floor, door, or window be broken.

20. That the crime be committed with the aid of persons

under fifteen years of age or by means of motor vehicles,
motorized watercraft, airships, or other similar means. (As
amended by Rep. Act No. 5438, approved Sept. 9, 1968.)

21. That the wrong done in the commission of the crime

be deliberately augmented by causing other wrong not
necessary for its commission.