MODULE 9, 2 EXEMPTING CIRCUMSTANCES PART 1

Summary

The video script discusses exempting circumstances under Article 12 of the Revised Penal Code, which absolve offenders from criminal liability despite a crime being committed due to a lack of voluntariness. It outlines six exempting circumstances: imbecility or insanity, minority, accident, compulsion of irresistible force, impulse of uncontrollable fear, and insuperable or lawful cause. The script explains legal insanity, its effects, and the amended provisions for minors under the Juvenile Justice and Welfare Act of 2006. It also differentiates between criminal and civil liabilities, especially in cases of accidents where both are absent.

Takeaways

• 📚 Exempting circumstances are conditions that, if present during the commission of a crime, exempt the offender from criminal liability due to the absence of voluntariness.
• 👮‍♂️ Justifying circumstances are different from exempting circumstances as they consider there is no crime committed, whereas exempting circumstances recognize a crime but absolve criminal intent.
• 🧠 Imbecility or insanity is an exempting circumstance where the offender, due to a mental condition, lacks the capacity to understand the consequences of their actions.
• 🔄 Legal insanity is defined as the incapacity to distinguish right from wrong or to appreciate the consequences of one's actions, unless the act was committed during a lucid interval.
• 🛑 The juridical effects of insanity include exemption from criminal liability if present at the time of the crime, suspension of trial if insanity occurs during proceedings, and suspension of judgment execution if insanity arises post-judgment.
• 👶 The Revised Penal Code and the Juvenile Justice and Welfare Act of 2006 address the criminal liability of minors, with different treatments based on age and discernment.
• 🚫 Accident is an exempting circumstance where no criminal or civil liability is imposed if the offender was performing a lawful act with due care, and the injury was caused purely by accident without any fault or intention.
• 🏥 If a child under 15 commits a crime, they are automatically exempt from criminal liability and are subjected to intervention programs, reflecting a focus on rehabilitation over punishment.
• 🔍 The concept of discernment is crucial for minors aged 15 to 17; if they act without discernment, they are exempt from criminal liability, but if they act with discernment, they are subject to appropriate legal proceedings.
• ⚖️ In cases of accident, the absence of criminal and civil liability aligns with justifying circumstances, highlighting the importance of intent and fault in legal determinations.

Q & A

What are exempting circumstances under the Revised Penal Code?

Exempting circumstances are situations where a crime is committed but the offender is not criminally liable due to the absence of voluntariness in the commission of the crime.

How do exempting circumstances differ from justifying circumstances?

Exempting circumstances recognize the existence of a crime but consider the absence of criminal intent or voluntariness, thus no criminal liability. Justifying circumstances, on the other hand, consider that no crime was committed at all.

What are the six exempting circumstances listed under the Revised Penal Code?

The six exempting circumstances are: 1) Imbecility or insanity, 2) Minority, 3) Accident, 4) Compulsion of irresistible force, 5) Impulse of uncontrollable fear, and 6) Insuperable or lawful cause.

What is the legal definition of insanity in the context of exempting circumstances?

Legal insanity is defined as the mental aberration that incapacitates the offender from distinguishing right from wrong and appreciating the consequences of their actions.

What is a lucid interval in relation to insanity?

A lucid interval refers to periods when an insane person temporarily returns to their normal self, capable of understanding their actions and their consequences.

What are the juridical effects of insanity as an exempting circumstance?

The juridical effects of insanity include: 1) Exemption from criminal liability if the insanity was present at the time of the crime, 2) Suspension of trial proceedings and commitment to a hospital if insanity occurs during trial, and 3) Suspension of judgment execution and commitment to a mental hospital if insanity arises after judgment or while serving a sentence.

How has the concept of minority as an exempting circumstance been amended under the Revised Penal Code?

The concept of minority as an exempting circumstance has been amended by Republic Act No. 9344, also known as the Juvenile Justice and Welfare Act of 2006, which treats minors who commit crimes as 'children in conflict with the law' and subjects them to intervention programs instead of criminal liability.

What is the treatment for a child in conflict with the law who is 15 years old or below according to RA 9344?

A child in conflict with the law who is 15 years old or below is automatically exempt from criminal liability and is subjected to an intervention program.

What happens if a child in conflict with the law is above 15 but below 18 and acted without discernment?

If a child in conflict with the law is above 15 but below 18 and acted without discernment, they are exempt from criminal liability and are subjected to an intervention program.

What are the requirements to consider an act as an accident under the Revised Penal Code?

An act is considered an accident if: 1) The person is performing a lawful act, 2) They are doing so with due care, 3) The injury to another is purely accidental, and 4) There is no fault or intention on the part of the person to cause what was done.

Why is the exempting circumstance of accident unique compared to other exempting circumstances?

The exempting circumstance of accident is unique because it results in both no criminal liability and no civil liability, which is more akin to a justifying circumstance where neither criminal nor civil liability exists.

Outlines

00:00

📚 Understanding Exempting Circumstances

The paragraph discusses the concept of exempting circumstances as outlined in Article 12 of the Revised Penal Code. These are situations where a crime is committed, but the offender is not held criminally liable due to the absence of voluntariness. The text differentiates exempting circumstances from justifying circumstances, emphasizing that while the latter considers no crime was committed, the former acknowledges a crime but excuses the offender from criminal liability. The paragraph also introduces the elements necessary for a crime, such as voluntariness, criminal intent, and freedom of action, and explains how their absence leads to exemption. It lists the exempting circumstances recognized by law, including imbecility or insanity, minority, accident, compulsion of irresistible force, impulse of uncontrollable fear, and insuperable or lawful cause. The discussion then focuses on imbecility and insanity, explaining the legal definitions and consequences, such as the lack of criminal liability but potential civil liability. The text also touches on the concept of lucid intervals in the context of insanity.

05:01

👨‍⚖️ Juridical Effects of Insanity and Minors in the Law

This paragraph delves into the juridical effects of insanity, detailing the consequences if insanity is present at the time of the crime, during trial, or after judgment. It outlines the legal process, including suspension of proceedings and commitment to a hospital, and how the period of confinement counts towards the prescription of the penalty. The paragraph then transitions to discuss the treatment of minors under the law, highlighting the amendment of the Revised Penal Code by RA 9344, the Juvenile Justice and Welfare Act of 2006. It explains the terminology shift from 'accused' to 'children in conflict with the law' and the legal implications for children aged 15 and below, emphasizing automatic exemption from criminal liability and the requirement for intervention programs. The text also addresses the situation for children aged between 15 and 18, discussing discernment and its impact on criminal liability, and the legal proceedings that follow, including suspended sentences and civil liabilities.

10:03

🚔 Accident as an Exempting Circumstance

The final paragraph explores 'accident' as an exempting circumstance under the Revised Penal Code. It outlines the requirements for an act to be considered an accident, which includes performing a lawful act with due care, causing injury by chance without fault or intention. The paragraph contrasts this with other exempting circumstances where there is usually civil liability, emphasizing that in the case of accident, there is neither criminal nor civil liability. The discussion uses an example of a police officer and a suspect to illustrate how the elements of accident as an exempting circumstance apply. It concludes by affirming that if all elements are present, the officer is exempt from liability due to the accident.

Keywords

💡Exempting Circumstances

Exempting circumstances refer to situations where a crime is committed, but the offender is not held criminally liable due to the absence of voluntariness in the act. This concept is central to the video's theme as it sets the stage for understanding when criminal liability is not applicable. For instance, the script mentions that even if a crime is committed, the absence of voluntariness can exempt the offender from criminal liability.

💡Voluntariness

Voluntariness is a key element in establishing criminal liability, indicating that the act was done willingly and not under compulsion. The video explains that in exempting circumstances, voluntariness is absent, which is why the offender is not criminally liable. The script uses the term in the context of explaining why certain individuals, like those suffering from imbecility or insanity, are exempt from criminal liability.

💡Imbecility

Imbecility, as discussed in the video, refers to a condition where an individual, despite being of adult age, has the mental capacity of a child between 2 to 7 years old. This lack of mental maturity is used to illustrate why such individuals might be exempt from criminal liability if they commit a crime, as they lack the necessary intelligence and understanding to form criminal intent.

💡Insanity

Legal insanity is defined as a mental condition that incapacitates the offender from distinguishing right from wrong or understanding the consequences of their actions. The video uses the concept of insanity to explain exempting circumstances, where an offender who commits a crime while legally insane would not be held criminally liable, highlighting the importance of mental state in criminal law.

💡Lucid Interval

A lucid interval is a period during which a person suffering from insanity temporarily regains their normal mental faculties. The video script mentions lucid intervals to explain that if an insane person commits a crime during such a period, they may not be exempt from criminal liability, as they would have the capacity to understand their actions.

💡Minority

The term 'minority' in the context of the video refers to individuals below a certain age threshold who are considered not fully responsible for their actions. The video explains that under the Juvenile Justice and Welfare Act of 2006, children below 15 years old are automatically exempt from criminal liability, emphasizing the legal recognition of age-related capacity to commit crimes.

💡Discernment

Discernment, as used in the video, refers to the ability of an individual, particularly a minor, to understand the wrongness of their actions and the consequences that may follow. The script discusses how the presence or absence of discernment can affect the criminal liability of minors, with those lacking discernment being exempt from criminal liability.

💡Accident

An accident, in legal terms as discussed in the video, is an event that occurs without any fault or intention on the part of the person involved. The video explains that if a crime is committed as a result of an accident, there is neither criminal nor civil liability, setting it apart from other exempting circumstances where civil liability may still apply.

💡Civil Liability

Civil liability is the responsibility to provide compensation or repair for harm caused to another party. The video script contrasts civil liability with criminal liability, noting that while criminal liability may be exempted in certain circumstances, civil liability may still apply, requiring the offender to compensate the victim for damages caused.

💡Juridical Effects

Juridical effects refer to the legal consequences that follow from a particular situation or action. In the video, the juridical effects of insanity are discussed, detailing the different outcomes that can occur depending on when the insanity manifests—during the crime, during trial, or after sentencing. These effects guide the legal proceedings and determine the treatment of the offender.

Highlights

Exempting circumstances are conditions that, if present during a crime, exempt the offender from criminal liability due to a lack of voluntariness.

Justifying circumstances are different from exempting circumstances as they consider there was no crime committed due to the absence of criminal intent.

For a crime to be exempted, the elements of voluntariness, criminal intent, and freedom of action must be missing.

Imbecility or insanity is the first exempting circumstance, where the offender lacks the mental capacity due to a mental disorder.

Legal insanity is defined as the inability to discern right from wrong or appreciate the consequences of one's actions.

Lucid intervals, periods of normalcy within insanity, do not exempt an offender from criminal liability if a crime is committed during such a period.

The juridical effects of insanity include exemption from criminal liability if present at the time of the crime, suspension of trial if insanity occurs during proceedings, and suspension of judgment execution if insanity arises post-judgment.

Minority, or being under a certain age, is an exempting circumstance that has been amended by the Juvenile Justice and Welfare Act of 2006.

Children in conflict with the law, those under 15, are automatically exempt from criminal liability and are subjected to intervention programs.

Individuals aged 15 to 18 are evaluated for discernment; if lacking, they are exempt from criminal liability and undergo intervention programs.

If a child above 15 but below 18 acts with discernment, they are not exempt from criminal liability and are subjected to juvenile justice proceedings.

Accident is an exempting circumstance where no criminal or civil liability is imposed if the offender was performing a lawful act with due care, causing injury by chance without fault.

In cases of accident, the absence of criminal and civil liability is akin to a justifying circumstance, as the act was unintentional and lawful.

An example of accident as an exempting circumstance is provided, where a police officer's struggle with a suspect over a gun accidentally discharges it, causing injury.

The elements of accident as an exempting circumstance include performing a lawful act with due care, causing injury by chance, and lacking fault or intention.

Transcripts

Okay so we now proceed with our

exempting circumstances which is under

article 12 of the revised Penal Code and

also included in your module 9 along

with other modules sa inyong silabus so

to start with what are exempting

circumstances exempting circumstances

are those circumstances which if present

or attendant in the Commission of the

felony would exempt the offender from

criminal liability there is a crime

committed but the offend is not

criminally liable the offender is

exempted from criminal liability because

there is the absence of any of the

elements of voluntariness in the

Commission of the Crime so kag

istoryahan ang justifying circumstances

wherein naconsider ang law ng wala crime

na natabo exempting circumstances are

different because nrecognize ang law ng

may natabo ng crime however kinonsider

nila walaang kriminal why Because under

TH cces walaang element of

voluntariness

baa before when we discussed ang

elements or ang requito we need to have

voluntariness criminal intent and

freedom of action and intelligence Well

in this case May we cannot say that

there is voluntariness on the part of

the person who committed the Crime

therefore voluntary ginra ang iy even

though may krimen natabo there is no

so in case of exempting circumstances

there is a crime But there is no

criminal therefore there is no criminal

liability But there however is civil

liability because there is a crime

committed so kagina istoryahan sa

justifying there is no criminal and

there is no civil with exceptions

however in this case there is no

criminal liability But there is civil

liability because nga G naconsider nga

may natabo ng crime so even though hindi

mapriso ang tao p exempting He still

needs to pay for his

victim Okay what are the exempting

circumstances enumerated under the

revised Penal Code first one is inv

visility and insanity second is minority

third is accident fourth is compulsion

of Irresistible force fifth is impulse

of uncontrollable Fear and six is

insuperable or lawful

cause Okay first one imbecility or

insanity What is imbecility an imbecile

person is one who Although he is already

advanced in age has only the mindset of

a 2 to 7 year old child so even though

He is an adult he has the mind of a 2

year old to 7 year old child therefore

he lacks intelligence an element of

voluntariness in the Commission of a

crime hence it is exempting so pag siya

ang iy UTOK ar paang sa 2 to 7 year old

hindi siya criminally liable because he

is an imbecil so in the set of facts if

a person killed somebody else but it is

proven na siya isa ka imbecil then

therefore there is no criminal but he is

civil liable meaning mabayad siya dipon

saana patay either siya mismo or a

person responsible sa ia will take it

from his assets and pay the the victim

Okay so along with imbecility is

insanity What is legal insanity insanity

is the mental aberration of the mind it

is the incapacity of the offender to

determine the right from wrong and to

appreciate the consequences of his act

unless the offender acted during a lucid

interval sin o ang insane sa Ilonggo

buang Okay so if there is a mental

aberration of the Mind if somebody

killed somebody else and he is prov

going to be insane then therefore it is

he is exempted from any criminal

liability but nakabutang sa law This is

true unless the offender acted during a

lucid interval Ano ang lucid interval

sometimes when you are suffering from

insanity there are moments na nagabalik

ka to your normal self there are certain

instances where may certain period of

time na doun nagbalik ka sa pagka normal

mo ng maintindihan mo ang imong ginbra

this happens sometimes when the person

is insane and if he perform the Crime in

that time na siya may

nag-exercise

any lucid interval visility naman niya G

na-consider ng ang inv visility is

permanent kag wala Saang ginatawag na

lucid interval or period ng do nagtarong

ang

imbecil What are the J the juridical

effects of insanity number one if the

insanity is present at the time of the

Commission of the Crime the accused is

exempt from criminal liability if he was

inane at the time of the Commission of

the Crime number two if the present

during trial proceedings will be

suspended and accused is committed to a

hospital kung during trial naman siya

naging insane it shall be suspended and

she and the accused shall be committed

at a hospital third if the insanity

appeared or Uh arised after judgment or

while serving sentence the execution of

judgment is

suspended ah if after na ni siya if

Nagbu na siya after na ang paghatag ng

sentence or after nasang judgment then

that judgment is suspended and the

accuse shall be committed to a mental

hospital the period of confinement in

the hospital is counted for the purpose

of prescription of the

penalty

okay now we move on to the second

exempting circumstance found under derb

Penal Code but This was actually already

amended Okay so the excepting

circumstance of minority under the

revice spinner code is already amended

maghambal kita amended gin basura na

siya kaya gin islan na siya gin islan na

siya ni ra 9344 or the juvenile justice

and welfare Act of

2006 Anong nakabutang dira sa ra

9344 Okay if the person who committed

the Crime we do not call them By the way

we do not call them accused we do not

call them defendants we do not call them

Criminal we call them what we call them

children in conflict with the law a

child who is alleged as accused of or a

judged as having committed an offense

under Philippine law This is according

to section 4 of ra 9344 Okay so we call

them as children in conflict with the

law if the child in conflict with the

law is 15 years old or below He is

automatically criminally Uh exempt Okay

he is automatically exempt from criminal

liability 50 10 years old or below 15 14

13 12 etc etc etc He is exempt from

criminal liability and Anong obrahon sa

iya his treatment shall be that the

child shall be subjected to an

intervention program okay How about if

the child is above 15 but below 18 So

what 16 to 17 Okay who acted taon na

subong By the way if he is above 15 but

L 18 You Look at kung may ar discernment

Anong meaning sa discernment in ilongo

if he under in ilongo may pag-intindi

okay if he understands What He is doing

is wrong and if he understands that the

consequences of what he is doing will

eventually you know affect himself Okay

so if he above 15 but below 18 and he

acted without discernment meaning Wal

siya kain k g naubra He is exempt from

criminal liability And shall be

subjected to an intervention program

however if he is above 15 but below 18

and he acted with discernment orhan niya

ang iyra or consequences pag I gina obra

He is not criminally exempt He shall

however be subjected to the appropriate

proceedings in accordance with ra

9344 and under section 38 of ra

9344 The Judge shall pronounce the civil

arising from the Commission of the Crime

But there shall be no pronouncement to

the guilt of the child instead ang child

i-place na siya under suspended sentence

without need of application okay meaning

hindi na kinanglan sa defense council or

sa iasang bata na mag-apply pa siya sa

suspended sentence kaya matabo naoto

propro na siya or automatic na masuspend

na ang sentence ang bata so How about if

he is 15 years old or below but hindi mo

na na paglantaw okay if he 15 and below

or below hindi mo na paglantaw if may

discernment or wala because

automatically He is exempt Okay so

There's no need to determine anymore

discernment only matters kung lant tawon

mo kung ang edad is above 15 asa below

18 Okay not 18 ha 17 Okay below 18 Okay

so He is above 15 but below 18 with or

without discernment He is he is

15 or below it does not matter He is

automatically

ex that is the gist of our A3 44

Okay Okay so now we proceed with the

third exempting circumstance under the

revised Penal Code which is accident

what are the requirements or the

requisites to say na ang natabo is an

accident and wala liability ang ang

nagra felony it is accident if the

following requisites are present first a

person performing a person is performing

a lawful act second He is doing so with

DU care Okay third Even if he is doing

that lawful act with DU care he causes

an injury to another by near accident

and fourth there is no fault or

intention on his part to cause What He

had done Okay so as I said in case of

exempting circumstances as a rule wala

ang criminal liability pero may civil

liability because may crime yonan natabo

pero exemption dira is article Ah sorry

is paragraph 4 which is an exempting

circumstance of accident why Because if

my accident there is both no criminal

liability and also no civil liability

wala man siang civil liability B the

accident okay now in case of accident

there is both no criminal liability and

also no civil liability okay because Uh

the offender was performing a lawful act

hence it is more akin or meaning akin

more alike to a justifying circumstance

because ang inistoryahan kagina di ba si

justifying circumstance there is no

criminal and there is no civil however

if it is exempting there is no criminal

But there is civil except sa accident

because in accident there is both no

criminal and also no civil so si

accident sa justifying

circumstances okay as an example a

police officer brought a suspect to the

police station He told the suspect to

please sit first as he was going to call

The Investigator but the suspect

suddenly stood up and grabbed the pistol

on the waist of the arresting officer

and the said suspect pointed the pistol

at the police officer but the police

officer suddenly tried to grab the

pistol in order to prevent the suspect

from shooting but then the gun suddenly

fired so in the course nagaagaw sila Si

police officer kagang iag arrest gaway

sila pusil na accidentally naglupok ang

pusil the suspect suspect ang naigo the

suspect sustained a fatal wound and was

brought to the hospital but survived the

police officer is now prosecuted for

frustrated homicide ang balsang police

officer he Uh he invoked accident as an

exempting circumstance because wala I

ungod and it was a Mere accident is the

police officer correct yes okay all the

elements of accident as an exempting

circumstance are present first was the

police officer performing a lawful act

Yes he was he was trying to get back the

pistol that was taken from his waist

which is lawful was he performing the

lawful act with DU care which is the

second element there must be DU care the

answer is Yes there is no way which you

would be able to get the pistol than to

struggle for its possession

okay and point na sa iya ang pistol

third he causes an injury by m accident

it was purely Accidental wala

gup

pusil pus Iya therefore He is exempt

under the doctrine Sorry there exempt

because there is an exempting

circumstance of accident