Insuperable Cause – some motive which has lawfully, morally, or physically prevented a person to do what the law commands.
Elements:
1. an act is required by law to be done
2. a person fails to perform such act
3. his failure to perform such act was due to some lawful insuperable cause
Absolutory causes – where the act committed is a crime, but for some reason of public policy and sentiment, there is not penalty imposed. Exempting and justifying circumstances are absolutory causes.
Examples:
1. spontaneous desistance in Article 6
2. no available transportation – officer not liable for arbitrary detention
3. death or physical injuries inflicted under exceptional circumstances