1. Concept Physical defect – refers to the mitigating circumstance under the Revised Penal Code wherein the accused is either/combination of being a deaf and dumb, blind or otherwise suffering some physical defect which would restrict his/her means of action, defense, or communication with his/her fellow beings. a. Legal basis Article 13. Mitigating circumstances. -…
1. Concept Illness diminishing will-power – refers to the mitigating circumstance under the Revised Penal Code wherein the accused is afflicted with an illness that would diminish the exercise of his/her will-power without, however, depriving him/her of the consciousness of his/her acts. a. Legal basis Article 13. Mitigating circumstances. – The following are mitigating circumstances;…
1. Concept Analogous mitigating circumstance – refers to the mitigating circumstance under the Revised Penal Code that is similar to the other mitigating circumstances under Article 13 of the Revised Penal Code. a. Legal basis Article 13. Mitigating circumstances. – The following are mitigating circumstances; 10. And, finally, any other circumstances of a similar nature…
Criminal liability shall be incurred 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.
A felony is consummated when all the elements necessary for its execution and accomplishment are present. (
There are crimes which are called transitory or continuing offenses because some acts material and essential to the crime occur in one province and some in another, in which case, the rule is settled that the court of either province where any of the essential ingredients of the crime took place has — jurisdiction to try the case.
When a single act constitutes two or more grave or less grave felonies, or when an offense is a necessary means for committing the other, the penalty for the most serious crime shall be imposed, the same to be applied in its maximum period.
Exempting circumstances – refers to circumstances exempting individuals who committed and offense from criminal liability. 1. Concept Exempting circumstances – refers to circumstances exempting individuals who committed and offense from criminal liability. a. Legal basis Article 12. Circumstances which exempt from criminal liability. – the following are exempt from criminal liability: 1. An imbecile or…
Lawful insuperable cause – refers to the exempting circumstance that exempts an accused from criminal liability for committing an offense resulting from failing to perform an act required by law, when prevented by some lawful insuperable cause. 1. Concept Lawful insuperable cause – refers to the exempting circumstance that exempts an accused from criminal liability…
Uncontrollable fer – refers to the exempting circumstance that exempts an accused from criminal liability for committing an offense resulting from failing to perform an act required by law, when prevented by some lawful insuperable cause. 1. Concept Uncontrollable fer – refers to the exempting circumstance that exempts an accused from criminal liability for committing…