b. Exempting Circumstances (See also RA 9208, Sec. 17, as amended; RA 9262, Sec. 26; RA 9344, Sec. 6, as amended by RA 10630)

2. Exempting Circumstances;

Republic Act (R.A.) No. 9262 (Anti-Violence Against Women and Children Act, Re: Battered Woman Syndrome), R.A. No. 9344, (Juvenile Justice and Welfare Act), as amended by R.A. No. 10630, (An Act Strengthening the Juvenile Justice System in the Philippines)

Requisites:

• Freedom: A person who acts under the compulsion of an irresistible force, and an uncontrollable fear of an equal or greater injury is exempt from criminal liability;
• Intelligence: It is the moral capacity to determine what is right from what is wrong and to realize the consequences of one’s acts. Factors that negate intelligence are minority, insanity, and imbecility.
• Intent: Intent is a mental state, the existence of which is shown by the overt acts of a person. If there is no intent, there is no felony committed by dolo, but a felony may still exist if culpa is present.

Battered Woman Syndrome as a defense

Victim-survivors who are found by the courts to be suffering from battered woman syndrome do not incur any criminal and civil liability notwithstanding the absence of any of the elements for justifying circumstances of selfdefense under the Revised Penal Code.

In the determination of the state of mind of the woman who was suffering from battered woman syndrome at the time of the commission of the crime, the courts shall be assisted by expert psychiatrists/ psychologists. (Sec. 26)

MISTAKE OF FACT

Mistake of fact is a misapprehension of fact on the part of the person who caused injury to another. An honest and reasonable mistake of fact, without negligence or bad faith, may negate criminal intent and exempt the actor from liability for an intentional felony. (Reyes, Book I)

Exception

A clergyman who performed a marriage ceremony without knowledge of the minority age of one of the parties, is not liable.

Note: The offender must be authorized to solemnize marriages.

Legal Protection

Trafficked persons shall not be penalized for unlawful acts committed as a direct result or incident, or in relation to being trafficked enumerated in this act. In this regard, the consent of a trafficked person to the intended exploitation set forth in this Act shall be irrelevant.

Victims of trafficking for purposes of prostitution as defined under Section 4 of this Act are not covered by Article 202 of the Revised Penal Code and as such, shall not be prosecuted, fined, or otherwise penalized under the said law. (Sec. 17)

Below 15 years old at the time of the commission of the offense

15 years of age or under at the time of the commission of the offense

Criminal liability – EXEMPT, but subject to Intervention program

Civil liability – LIABLE

A child is deemed to be fifteen (15) years of age on the day of the fifteenth anniversary of his/her birthdate.

Phases

• Tension-building phase – During this phase, minor battering occurs. It could be verbal or slight physical abuse. The woman usually tries to pacify the batterer through a show of kind, nurturing way. All she wants is to prevent the escalation of the violence exhibited by the batterer.
• Acute battering incident – Characterized by brutality, destructiveness, and sometimes death. The battered woman deems this incident as unpredictable, yet also inevitable. During this phase, she has no control. Only the batterer may put an end to the violence. The woman usually realizes that she cannot reason with him, and that resistance would only exacerbate her condition.
• Tranquil, loving phase – This final phase begins when the acute battering incident ends. During this period, the couple experience profound relief. The batterer may show a tender and nurturing behavior towards his partner. The battered woman tries to convince herself that the battery will never happen again; that her partner will change for the better.

Victim-survivors who are found by the courts to be suffering from battered woman syndrome do not incur any criminal and civil liability notwithstanding the absence of any of the elements for justifying circumstances of self-defense under the RPC. (Sec. 26, R.A. 9262)

The Battered Woman Syndrome can be invoked as a defense without having to prove the elements of self-defense like unlawful aggression.

OFFENSES NOT APPLICABLE TO CHILDREN

Persons below eighteen (18) years of age shall be exempt from prosecution for the following crimes:

• Prostitution under Article 202 of the Revised Penal Code (vagrancy was decriminalized by Republic Act No. 10158);
• Mendicancy under Presidential Decree No. 1563; and
• Sniffing of rugby under Presidential Decree No. 1619. (Sec. 58)

Notes:

• Libelous remarks or comments on privileged matters (under Art. 354), if made with malice in fact, will not exempt the author and editor.
• This article is a limitation to the defense of privileged communication. Even if a matter is privileged, if malice in fact was proved, the author and editor are liable.
• The author and editor of publications who distort, mutilate or discolor official proceedings reported by them, or add comments thereon to cast aspersion on the characters of parties concerned, are guilty of libel.

EXEMPTING CIRCUMSTANCES (Nonimputability)

Those grounds for exemption from punishment due to the absence of any conditions in the agent of the crime which makes the act voluntary or negligent.

Technically, one who acts by virtue of any exempting circumstance commits a crime, although by the complete absence of any of the conditions which constitute free will or voluntariness of the act, no criminal liability arise. (Guevara)

There is therefore a crime, but no criminal.

Burden of proof

Burden of proof to prove the existence of an exempting circumstance lies within the defense.

Justifying vs. Exempting Circumstances

IMBECILITY

Exists when a person, while of advanced age, has a mental development comparable to that of children between 2 and 7 years old. An imbecile is one who is deprived completely of reason or discernment and freedom of the will at the time of committing the crime. He is exempt in all cases from criminal liability.

INSANITY

Exists when there is complete deprivation of intelligence or reason or without the least discernment or with total deprivation of free will. This does not include mere abnormality of the mental faculties. The insane is not so exempt if it can be shown that he acted during a lucid interval.

It is necessary that there be a complete deprivation of intelligence while committing the act, that is, that the accused be deprived of reason; that he acts without the least discernment; or that there be a total deprivation of freedom of the will. (People v. Formigones, G.R. No. L-3246)

The defense must prove that the accused was insane at the time of the commission of the crime, because the presumption is always in favor of sanity.

Where it is shown that the defendant had lucid intervals, it will be presumed that offense was committed in one of them. (People v. Bonoan y Cruz, G.R. No. L-45130)

The evidence of insanity must refer to the time preceding the act under the prosecution or to the very moment of its execution.

Tests of Insanity:

• Cognition – complete deprivation of intelligence in committing the crime; and
• Volition – total deprivation of freedom of will.

Scope of the term “Insanity”:

• Dementia praecox – irresistible homicidal impulse
• Schizophrenia – chronic mental disorder characterized by inability to distinguish between fantasy and reality and often accompanied by hallucinations and delusions
• Kleptomania – only if it produces an irresistible impulse to steal as when the accused has been deprived of his will which would enable him to prevent himself from doing this act (Note: If it only diminishes the exercise of his will-power, it s not an exempting circumstance but a mitigating circumstance)
• Epilepsy – chronic nervous disease characterized by fits, occurring at intervals, attended by conclusive motions of the muscles and loss of consciousness
• Feeblemindedness – not exempting
• Pedophilia – not insanity
• Amnesia – not proof of mental condition of the accused
• Other causes of lack of intelligence
• Committing a crime while in a dream (People v. Taneo, G.R. No. L-37673)
• Somnambulism or sleepwalking (People v. Gimena, G.R. No. L-33877); and
• Committing a crime while suffering from malignant malaria. (People v. Lacena, G.R. No. L-46961)

Notes:

• The thing prevented from execution must not be prohibited by law. Otherwise, there will be no coercion.
• The owner of a thing has no right to prevent interference when such interference is necessary to avert greater damage
• Coercion is consummated even if the offended party did not accede to the purpose of the coercion.

PAR. 2: A person under [9 years of age]

NOTE: Modified by Sec. 6 of R.A. No. 9344 to 15 YEARS OF AGE AND BELOW.

A child 15 years of age or under at the time of the commission of the offense shall be exempt from criminal liability. However, the child shall be subjected to an intervention program pursuant to Section 20 of this Act. (Sec. 6, R.A. No. 9344)

PAR. 3: A person over [9 years of age and under 15], unless he has acted with discernment in which case, such minor shall be proceeded against in accordance with the provisions of Article 80 of this Code.

NOTE: Modified by Sec. 6 of R.A. No. 9344 to a person OVER 15 ABOVE and UNDER 18, unless he has acted with discernment.

A child above 15 years but below 18 years of age shall likewise be exempt from criminal liability and be subjected to an intervention program, unless he/she has acted with discernment, in which case, such child shall be subjected to the appropriate proceedings in accordance with this Act. (Sec. 6, R.A. No. 9344)

Allegation of “with intent to kill” in the information is sufficient allegation of discernment.

Exempting provisions under R.A. No. 9344

• Status Offenses – Any conduct not considered an offense or not penalized if committed by an adult shall not be considered an offense and shall not be punished if committed by a child. (Sec. 57)
• Prostitution under Art. 202 of the RPC; vagrancy was decriminalized by R.A. No. 10158. Children shall not be prosecuted for prostitution under Sec. 58 of R.A. No. 9344.
• Mendicancy under P.D. No. 1563,
• Sniffing of rugby under P.D. No. 1619, such prosecution being inconsistent with the United Nations Convention on the Rights of the Child: Provided, That said persons shall undergo appropriate counseling and treatment program. (Sec. 58)

Diversion v. Intervention

3. ACCIDENT WITHOUT FAULT OF INTENTION OF CAUSING IT (PAR. 4)

3. ACCIDENT WITHOUT FAULT OR INTENTION OF CAUSING IT (PAR. 4)

ACCIDENT

An occurrence that happens outside the sway of our will, and although it comes about through some act of our will, it lies beyond the bounds of humanly foreseeable consequences. (Reyes, Book I)

UNCONTROLLABLE FEAR

Means that the offender employs intimidation or threat in compelling another to commit a crime. The compulsion is by means of intimidation or threat, not force or violence.

Nature of duress as a valid defense

Duress to be a valid defense should be based on real, imminent or reasonable fear for one’s life or limb. It should not be inspired by speculative, fanciful or remote fear. (Reyes, Book I)

The accused must not have an opportunity for escape or self-defense

A threat of future injury is not enough. The compulsion must be of such a character as to leave no opportunity to the accused for escape or self-defense in equal combat. (Id)

Duress is unavailing where the accused had every opportunity to run away if he had wanted to or to resist any possible aggression because he was also armed. (People vs. Palencia, G.R. No. L-38957)

When prevented by some lawful cause

If the priest does not disclose and make known the same to the proper authority, he is exempt from criminal liability, because under the law, the priest cannot be compelled to reveal any information which he came to know by reason of the confession made to him in his professional capacity. (Reyes, Book I)

When prevented by insuperable cause

Insuperable cause is some motive, which has lawfully, morally or physically prevented a person to do what the law commands.

The municipal president detained the offended party for 3 days because to take him to the nearest justice of the peace required a journey for 3 days by boat as there was no other means of transportation. The distance which required a journey for 3 days was considered an insuperable cause. The accused was exempt from criminal liability. (U.S. vs. Vicentillo, G.R. No. L-6082)

A mother who at the time of childbirth was overcome by severe dizziness and extreme debility, and left the child in a thicket where said child died, is not liable for infanticide, because it was physically impossible for her to take home the child. (People vs. Bandian, G.R. No. 45186). The severe dizziness and extreme debility of the woman constitute an insuperable cause.

MITIGATING CIRCUMSTANCES

Those which, if present in the commission of the crime, do not entirely free the actor from 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 that same fact.

2. OVER 15 AND UNDER 18, IF THERE IS DISCERNMENT OR OVER 70 YEARS OLD (PAR. 2)

NOTE: A child above 15 but below 18 who acted with discernment is subject to appropriate proceedings and remains entitled to the privileged mitigating circumstance under Article 68 of the RPC, pursuant to Sections 6 and 68 of R.A. No. 9344.

What is controlling, with respect to the exemption from criminal liability of the accused, is not his age at the time of the promulgation of judgment but his age at the time of the commission of the offense. (Caneda v. People, G.R. No. 182941)

Legal effects of various ages of the offender

Mitigating circumstance of old age can only be appreciated if the accused is over 70 years old at the time of the commission of the crime under Article 13(2) of the Revised Penal Code and not at the time of promulgation of judgment. (People v. Reyes, G.R. Nos. 177105-06) [Owner check: verify the R.A. No. 8019 citation.]

Provocation vs. Vindication

No passion or obfuscation after 24 hours, or several hours or half an hour

The act producing the obfuscation must not be far removed from the commission of the crime by a considerable length of time, during which the accused might have recovered his normal equanimity.

The defense must prove that the act which produced the passion or obfuscation took place at a time not far removed from the commission of the crime. (Reyes, Book I)

Surrender must be by reason of the commission of the crime for which defendant is prosecuted

Defendant cannot claim the circumstance of voluntary surrender because he did not surrender to the authority or its agents by reason of the commission of the crime for which he was prosecuted, but for being a Huk who wanted to come within the pale of the law. (People vs. Semaiiada, G.R. No. L-11361)

REQUISITES:

• That the illness of the offender must diminish the exercise of his will-power.
• That such illness should not deprive the offender of consciousness of his acts.

Physical defect must relate to the offense committed.

Physical defect must restrict means of action, defense, or communication with fellow beings

Physical defect referred to in this paragraph is such as being armless, cripple, or a stutterer, whereby his means to act, defend himself or communicate with his fellow beings are limited. (Albert)

This paragraph does not distinguish between educated and uneducated deaf-mute or blind persons. The Code considers them as being on equal footing. (Reyes, Book I)

REQUISITES:

• The illness of the offender must diminish the exercise of his will-power; and
• Such illness should not deprive the offender of consciousness of his acts.

Examples:

• Mild behavior disorder (illness of nerves or moral faculty);
• Acute neurosis making a person ill- tempered and easily angered;
• Feeblemindedness (may be considered under par. 8);
• One with obsession that witches are to be eliminated akin to one with morbid infirmity but still retaining consciousness of his acts; and
• Schizo-affective disorder or psychosis.