Exempting Circumstances


Art. 12.  Circumstances which exempt from criminal liability.

the following are exempt from criminal liability:


1. An imbecile or an insane

1. An imbecile or an insane person, unless the latter has acted during a lucid interval.


When the imbecile or an insane person has committed an act which the law defines as a felony (delito), the court shall order his confinement in one of the hospitals or asylums established for persons thus afflicted, which he shall not be permitted to leave without first obtaining the permission of the same court.


2. under nine years of age

2. A person under nine years of age.


R.A 9344 Juvenile Justice and Welfare Act :15 yrs old

3. A person over nine years of age and under fifteen, unless he has acted with discernment

3. A person over nine years of age and under fifteen, unless he has acted with discernment, in which case, such minor shall be proceeded against in accordance with the provisions of Art. 80 of this Code.


R.A 9344 Juvenile Justice and Welfare Act : above 15 but below 18 yrs old

When such minor is adjudged to be criminally irresponsible, the court, in conformably with the provisions of this and the preceding paragraph, shall commit him to the care and custody of his family who shall be charged with his surveillance and education otherwise, he shall be committed to the care of some institution or person mentioned in said Art. 80.


4. Accident

4. Any person who, while performing a lawful act with due care, causes an injury by mere accident without fault or intention of causing it.


  1. Person is performing a lawful act
  2. With due care
  3. E causes injury to another by mere accident
  4. Without fault or intention of causing it
    1. compulsion of irresistible force.


5. Any person who act under the compulsion of irresistible force.


  1. that the compulsion is by means of physical force
  2. that the physical force must be irresistable
  3. that the physical force must come from a third person


6. impulse of an uncontrollable fear

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


  1. That the threat which causes the fearis of an evil greater than, or at least equal to, that which h is required to commit
  2. That it promises an evil of such gravity and imminence that the ordinary man would have succumbed to it

7. insuperable cause.

7. Any person who fails to perform an act required by law, when prevented by some lawful insuperable cause.


  1. That an act is required by law to be done
  2. That a person fails to perform such act
  3. That his failure to perform such act is due to some lawful or insuperable cause