|

Uncontrollable fear, A12(6) Revised Penal Code

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 an offense resulting from failing to perform an act required by law, when prevented by some lawful insuperable cause.

a. Legal basis

Article 12. Circumstances which exempt from criminal liability. - the following are exempt from criminal liability:

6. Any person who acts under the impulse of an uncontrollable fear of an equal or greater injury.

(Revised Penal Code)

b. Effects of exempting circumstances

1) Admission by the accused

An exempting circumstance, by its nature, admits that criminal and civil liabilities exist, but the accused is freed from criminal liability; in other words, the accused committed a crime, but he cannot be held criminally liable therefor because of an exemption granted by law. (Sierra v. People, G.R. No. 182941, July 3, 2009, Per Brion, J.)

Strictly speaking, a person acting under any of the exempting circumstances commits a crime but cannot be held criminally liable therefor. The exemption from punishment stems from the complete absence of intelligence or free will in performing the act. (People v. Pantoja, G.R. No. 223114, November 29, 2017, Per Martires...

Already a subscriber? Log in below. Not yet a member? Subscribe.

Similar Posts