Circumstances Affecting Criminal Liability

Justifying Circumstances
     Those where the act of a person is said to be in accordance with the law, so that such person is deemed no to have transgressed the law and is free from both criminal and civil liability.
     It is an affirmative defense, hence, the burden of proof is on the accused who must prove it by clear and convincing evidence.
   
     Requisites:
1. Unlawful aggression;
2. Reasonable necessity of the means employed to prevent or repel it;
3. Law of sufficient provocation on the part of the person defending himself.

     Acts which constitute as Justifying Circumstances:
1. Self defense;
2. Defense of relatives; (4th civil degree)
3. Defense of a stranger; (not induced by revenge)
4. Avoidance of greater evil or injury;
5. Fulfillment of duty or lawful exercise of right of office;
6. Obedience to an order issued for some lawful purpose.

     Reason for recognizing Self-defense as justifying circumstances:
1. Impulse of self-preservation;
2. State cannot provide protection for each of its constituents.

     Doctrine of Self Help
     The owner or  lawful possessor of  a thing has a right to exclude any person from the enjoyment and disposal thereof.
     For this purpose, he may use such force  as may be reasonable necessary to repel or prevent an actual or threatened unlawful physical invasion or usurpation of his property.

Exempting Circumstances
     Those grounds which free the offender from criminal liability but does not relieve hum of civil liability except by accident where he is relieved of both civil and criminal liability.

     Grounds:
1. Imbecility/ Insanity;
2. Minority; (Above  15 y.o but under 18 y.o) (Exempt unless  acted w/ discernment)
3. Accident; (Lack of negligence and intent)
4. Compulsion of irresistible force;
5. Impulse of uncontrolable fear; ( Absence of freedom)
6. Insuperable or unlawful cause. (Lack of intent)

Mitigating Circumstances
     Those which if present in the commission of a crime, do not entirely free the actor from the criminal liability, but serve only to reduce the penalty.
     A mitigating circumstance arising from a single fact absorbs all the other mitigating circumstances arising from the same fact. Mitigating circumstance may be ordinary or privileged.

     Grounds:
1. Incomplete justification and exemption;
2. Below 18 y,o or  over 70 years  of age;
3. No intention to commit so grave a wrong;
4. Sufficient provocation or threat;
5. Immediate vindication of a grave offense;
6. Passion or obfuscation;
7. Voluntary surrender;
8. Voluntary plea of guilt;
9. Plea of a lower offense;
10. Physical defect;
11. Illness; or
12. Analogous circumstances.

Aggravating Circumstances
     Those which, if attendant in the commission of the crime, serve to have the penalty imposed in its maximum period  provided by the law for the offense or change the nature of the crime.

     Grounds: (Generic, can apply to all crimes)
1. Contempt or insult of public authority;
2. Taking advantage of public position;
3. Recidivism;
4. Night time, uninhabited place, or band;
5. Abuse of confidence or obvious ungratefulness;
6. Place and time of commission of offense;
7. Crime committed in the dwelling of the offended party;
8. Breaking of parts of the house;
9. Unlawful entry;
10. Habituality;
11. Use of a person under 15 years of age;
12. Craft, fraud, or disguise.

     Grounds: (Article 14, RPC)
1. Taking advantage of public office;
2. Contempt of or insult to public authorities;
3. With insult or lack of regard due to offended party by reason of rank, age, or sex;
4. Abuse of confidence and obvious ungratefulness;
5. Crime in palace or in presence of the Chief Executive;
6. Night time, uninhabited place, with a band;
7. on occasion of calamity;
8. Aid of armed men or means to ensure impurity;
9. Recidivism;
10. Reiteracion or Habituality;
11. Price, reward, or promise;
12. Inundiation, fire, poison;
13. Evident premeditation;
14. Craft, fraud, or disguise;
15. Superior strength, or means to weaken defense;
16. Treachery;
17. Ignominy;
18. Unlawful entry;
19. Breaking the wall, floor, or roof;
20. With aid of persons under 15 years of age by motor vehicle; or
21. Cruelty.

Alternative Circumstances
     Those which must be taken into consideration as aggravating or mitigating according to the nature and effect of the crime and the other conditions attending to its commission.

     The Alternative Circumstances are as follows:
1. Relationship;
2. Intoxication; or
3. Degree of instruction and education of the offender.

     General Rule: Lack of sufficient education is mitigating.
     Exception:
1. Crimes against properties; (Arson, Estafa, Theft, Robbery)
2. Crimes against chastity;
3. Treason;
4. Murder; or
5. Rape

Absolute Cause (Related to exempting circumstance)
     The effect us to absolve the offender from criminal liability, although not from civil liability.

Extenuating Circumstances
     The effect is to mitigate the criminal liability of the offender and has the same effect as  mitigating circumstances.