ART 12. Circumstances Which Exempt From Criminal Liability

ART 12.
Circumstances which exempt from criminal

liability. 1. Those mentioned in the preceding chapter,
The following are exempt from criminal liability: When all the requisites necessary to justify the
1. An imbecile or an insane person, act
Unless the latter has acted DURING A LUCID Or to exempt from criminal liability
INTERVAL In the respective cases are not attendant.
When the imbecile or an insane person 2. That the offender is under 18 years of age
Has committed an act wc the law define as Or over 70 years.
felony, In case of the minor,
The court shall order his confinement He shall be proceeded against
In one of the hospitals or asylums In accordance w the provis of Article 80.
Established for persons thus afflicted,
Wc he shall not be permitted to leave 3. That the offender had no intention to commit
w/o first obtaining the permission of the same So grave a wrong as that committed.
court
4. That sufficient provocation or threat on the part
2. A person under 9 years of age. Of the offended party immediately preceded the
act.
3. A person over 9 years of age, and under 15
Unless he has acted w discernment 5. That the act committed in the immediate
In wc case, such minor shall be proceeded vindication
against Of a grave offense to the one committing a
In accordance w the provis of Art 80 of this Code. felony,
His spouse, ascendants, descendants,
When such minor is adjudged to be crim’ly irres, Legitimate, natural, or adopted bros/sisses
The court, in conformity w the provisions of this Or relatives by affinity w/in the same degrees.
And the preceding paragraph,
Shall commit him to the care & custody of his 6. That of having acted upon an impulse so
family powerful
Who shall be charged w his surveillance and As naturally to have produced passion or
educ obfuscation.
Otherwise, he shall be committed
To the care of some institution or person 7. That the offender had voluntarily surrendered
Mentioned in said Art 80. himself
To a person in authority or his agents,
4. Any person who, Or that he had voluntarily confessed his guilt
While performing a lawful act w due care, before the court
Causes an injury by mere accident w/o fault Prior to the presentation of the evi for the
Intention of causing it. prosecution.
5. Any person who acts under the compulsion 8. That the offender is deaf and dumb, blind,
Of an irresistible force. or otherwise suffering some physical defect wc
thus restricts
6. Any person who acts under the impulse his means of action, defense, or communication
Of an uncontrollable fear with his fellow beings.
Of an equal or greater injury.
9. Such illness of the offender would diminish the
7. Any person who fails to perform exercise
An act required by law of the will-power of the offender without however
When prevented by some lawful depriving him of consciousness of his acts.
Or insuperable cause.
10. And, finally, any other circumstances of a similar
EXEMPTING CIRCUMSTANCES nature
- A crime is committed, but no criminal liability And analogous to those above-mentioned.
arises due to the complete absence of any
conditions which constitute free will or ART 14. Aggravating circumstances.
voluntariness of the act. The following are aggravating circumstances:
- BURDEN OF PROOF: any of the circumstances
mentioned in Art 12 must be proved by the 1. That the advantage be taken
defendant. By the offender of his PUBLIC POSITION
IMBECILITY V INSANITY 2. That the crime be committed

- Imbecile: exempt in ALL cases from crim liab In contempt of or with insult
- Insane: not so exempt if he ACTED DURING A TO THE PUBLIC AUTHORITIES
LUCID INTERVAL (acts w intelligence)
3. That the act be committed with insult
OTHER CASES OF LACK OF INTELLIGENCE Or in disregard of the respect due the offended
- Committing a crime while in a dream party
(somnambulism/sleepwalking) ON ACCOUNT OF HIS RANK, AGE, OR SEX,
- Committing a crime while suffering from Or that it be committed in the DWELLING
malignant malaria Of the offended party,
If the latter has not given provocation
ART 13. Mitigating circumstances.
The following are mitigating circumstances: 4. That the act be committed with
ABUSE OF CONFIDENCE or 16. That the act be committed with TREACHERY
OBVIOUS UNGRATEFULNESS (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
5. That the crime be committed And specially to ensure its execution,
IN THE PALACE OF THE CHIEF EXECUTIVE, Without risk to himself arising from the defense
Or in his presence, Which the offended party might make.
Or where PUBLIC AUTHORITIES ARE
ENGAGED in the DISCHARGE OF THEIR 17. That means be employed or cicrumstances
DUTIES, brought about
Or in a place dedicated TO RELIGIOUS Which add ignominy to the natural effects of the
WORSHIP. act.
6. That the crime be committed in the NIGHTTIME 18. That the crime be committed after un
Or in an UNINHABITED PLACE, or by a BAND, UNLAWFUL ENTRY.
Whenever such circumstances may facilitate
The commission of the offense. There is an unlawful entry when
An entrance is effected by a way NOT
Whenever more than 3 armed malefactors INTENDED FOR A PURPOSE
Shall have acted together in the commission of
an offense 19. That as a means to the commission of a crime
It shall be deemed to have been committed by a a WALL, ROOF, FLOOR, DOOR, OR WINDOW
BAND. be broken
7. That the crime be committed 20. That the crime be committed

On the occasion of a CONFLAGRATION, With the aid of PERSONS UNDER 15 YEARS
SHIPWRECK, EARTHQUAKE, EPIDEMIC, or OF AGE,
other CALAMITY OR MISFORTUNE Or by means of MOTOR VEHICLE, AIRSHIPS,
Or other similar means.
8. That the crime be committed
With the aid of ARMED MEN 21. That the wrong done in the commission of the
Or persons who INSURE OR AFFORD crime
IMPUNITY Be deliberately augmented by causing OTHER
WRONG
9. That the accused is a RECIDIVIST Not necessary for its commission.
A RECIDIVIST is the one who,

At the time of his trial for one crime,
Shall have been previously convicted
By final judgment of another crime
Embraced in the same title of this Code.
10. That the offender has been previously punished

For 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
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 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.

ART 12. Circumstances Which Exempt From Criminal Liability

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ART 12.

Circumstances which exempt from criminal

IMBECILITY V INSANITY 2. That the crime be committed

There is treachery when the offender commits

7. That the crime be committed 20. That the crime be committed

A RECIDIVIST is the one who,

10. That the offender has been previously punished

11. That the crime be committed

12. That the crime be committed by means of

13. That the act be committed with EVIDENT

14. That CRAFT, FRAUD, OR DISGUISE

15. That advantage be taken of SUPERIOR

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