31/07/2019
Act No. 3815
Article 9. Grave felonies, less grave felonies and light felonies. Grave felonies are those to which the law attaches
the capital punishment or penalties which in any of their periods are afflictive, in accordance with Art. 25 of this
Code.
Less grave felonies are those which the law punishes with penalties which in their maximum period are correctional,
in accordance with the abovementioned Art..
Light felonies are those infractions of law for the commission of which a penalty of arrest menor or a fine not
exceeding 200 pesos or both; is provided.
Article 10. Offenses not subject to the provisions of this Code. Offenses which are or in the future may be
punishable under special laws are not subject to the provisions of this Code. This Code shall be supplementary to
such laws, unless the latter should specially provide the contrary.
Chapter Two
JUSTIFYING CIRCUMSTANCES AND CIRCUMSTANCES WHICH EXEMPT FROM CRIMINAL LIABILITY
Article 11. Justifying circumstances. The following do not incur any criminal liability:
1. Anyone who acts in defense of his person or rights, provided that the following circumstances concur;
First. Unlawful aggression.
Second. Reasonable necessity of the means employed to prevent or repel it.
Third. Lack of sufficient provocation on the part of the person defending himself.
2. Any one who acts in defense of the person or rights of his spouse, ascendants, descendants, or legitimate,
natural or adopted brothers or sisters, or his relatives by affinity in the same degrees and those consanguinity
within the fourth civil degree, provided that the first and second requisites prescribed in the next preceding
circumstance are present, and the further requisite, in case the revocation was given by the person attacked,
that the one making defense had no part therein.
3. Anyone who acts in defense of the person or rights of a stranger, provided that the first and second
requisites mentioned in the first circumstance of this Article are present and that the person defending be not
induced by revenge, resentment, or other evil motive.
4. Any person who, in order to avoid an evil or injury, does not act which causes damage to another, provided
that the following requisites are present;
First. That the evil sought to be avoided actually exists;
Second. That the injury feared be greater than that done to avoid it;
Third. That there be no other practical and less harmful means of preventing it.
5. Any person who acts in the fulfillment of a duty or in the lawful exercise of a right or office.
6. Any person who acts in obedience to an order issued by a superior for some lawful purpose.
Article 12. Circumstances which exempt from criminal liability. the following are exempt from criminal liability:
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. A person under nine years of age.
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.
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. Any person who, while performing a lawful act with due care, causes an injury by mere accident without
fault or intention of causing it.
5. Any person who act under the compulsion of irresistible force.
6. Any person who acts under the impulse of an uncontrollable fear of an equal or greater injury.
7. Any person who fails to perform an act required by law, when prevented by some lawful insuperable cause.
Chapter Three
CIRCUMSTANCES WHICH MITIGATE CRIMINAL LIABILITY
Article 13. Mitigating circumstances. The following are mitigating circumstances;
1. Those mentioned in the preceding chapter, when all the requisites necessary to justify or to exempt from
criminal liability in the respective cases are not attendant.
2. That the offender is under eighteen year of age or over seventy years. In the case of the minor, he shall be
proceeded against in accordance with the provisions of Art. 80.
3. That the offender had no intention to commit so grave a wrong as that committed.
4. That sufficient provocation or threat on the part of the offended party immediately preceded the act.
5. That the act was committed in the immediate vindication of a grave offense to the one committing the
felony (delito), his spouse, ascendants, or relatives by affinity within the same degrees.
6. That of having acted upon an impulse so powerful as naturally to have produced passion or obfuscation.
7. That the offender had voluntarily surrendered himself to a person in authority or his agents, or that he had
voluntarily confessed his guilt before the court prior to the presentation of the evidence for the prosecution;
8. That the offender is deaf and dumb, blind��or otherwise suffering some physical defect which thus restricts
his means of action, defense, or communications with his fellow beings.
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