General Provisions

Insuperable Cause

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


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Musikatorni is a musical project by Atty. Ranny Randolf B. Libayan, known for its original song compositions that blend insightful lyrics with captivating melodies.
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