Exempting Circumstances; Republic Act (R.A.) No. 9262 (Anti Violence… | Circumstances Affecting Criminal Liability | REVISED PENAL CODE – BOOK ONE

Exempting Circumstances under the Revised Penal Code

Exempting circumstances, defined under Article 12 of the Revised Penal Code (RPC) of the Philippines, refer to situations where the accused is deemed to have acted without criminal liability. The law does not impose punishment under these circumstances because criminal intent or voluntariness, essential elements of felonies, are absent. The exempting circumstances under the RPC include:

1. Imbecility or Insanity (Article 12, Paragraph 1):

   • A person who acts without full mental capacity due to imbecility or insanity is exempt from criminal liability. However, this exemption does not apply if the person acted during a lucid interval.
   • Jurisprudence: Courts assess medical and testimonial evidence to determine mental state.

2. Minority (Under Nine Years Old) (Article 12, Paragraph 2):

   • Children under nine years of age are exempt from criminal liability because they are presumed incapable of discernment.

3. Minority (Over Nine but Under Fifteen Years Old):

   • A child over nine but under fifteen years is exempt unless proven that they acted with discernment.

4. Accident Without Fault or Intent (Article 12, Paragraph 4):

   • A person who causes injury or damage by mere accident while performing a lawful act with due care is exempt from liability.

5. Irresistible Force (Article 12, Paragraph 5):

   • An individual who acts under irresistible force, which completely overcomes their will, is exempt from criminal liability.

6. Uncontrollable Fear (Article 12, Paragraph 6):

   • Actions performed due to an uncontrollable fear of imminent harm are exempt, provided the threat is grave and immediate.

7. Lawful Performance of Duty or Obedience to a Superior (Article 12, Paragraph 7):

   • When acting in lawful obedience to a superior or in the discharge of a lawful duty, an accused is exempt from liability unless the act is manifestly unlawful.

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Battered Woman Syndrome under R.A. No. 9262

R.A. No. 9262, or the Anti-Violence Against Women and Their Children Act of 2004, recognizes Battered Woman Syndrome (BWS) as a psychological condition suffered by women who experience prolonged and repeated domestic violence. BWS can be invoked as a defense in criminal cases.

1. Legal Definition of BWS:

   • A scientifically recognized psychological condition characterized by learned helplessness and the victim’s belief that escape is impossible due to continuous abuse.

2. Exemption from Criminal Liability:

   • Under R.A. No. 9262, women who commit a crime under the influence of BWS may be exempt from criminal liability, provided the elements of self-defense under Article 11 of the RPC are present.

3. Case Application:

   • Courts must consider expert testimony on the psychological effects of BWS, the imminence of the threat posed by the abuser, and the proportionality of the response.

4. Jurisprudence:

   • People v. Genosa (2004): The Supreme Court recognized BWS as a legitimate defense under self-defense, emphasizing the need for expert testimony to establish the psychological condition.

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Juvenile Justice and Welfare Act (R.A. No. 9344), as Amended by R.A. No. 10630

The Juvenile Justice and Welfare Act governs the treatment of minors in conflict with the law, emphasizing rehabilitation over punishment.

1. Minimum Age of Criminal Responsibility:

   • Under R.A. No. 9344, the minimum age of criminal responsibility was set at 15 years old, meaning children under 15 cannot be held criminally liable.
   • Amended by R.A. No. 10630, which strengthens the law but retains the same age threshold.

2. Exemption of Children from Criminal Liability:

   • Children aged 15 to 18 are also exempt, except when proven to have acted with discernment. Discernment refers to the mental capacity to understand the consequences of their actions.

3. Intervention and Diversion Programs:

   • Instead of penal sanctions, children exempt from liability undergo rehabilitation programs. These programs focus on reformation, reintegration, and addressing the root causes of delinquent behavior.

4. Creation of Bahay Pag-asa:

   • R.A. No. 10630 mandates the establishment of Bahay Pag-asa rehabilitation centers in every province and city to provide intervention programs for children in conflict with the law.

5. Prohibited Actions:

   • Law enforcement is prohibited from subjecting children to cruel, degrading, or inhumane treatment. Children in conflict with the law must not be detained in regular jail facilities.

6. Juvenile Justice System Components:

   • Prevention programs
   • Community-based interventions
   • Restorative justice processes
   • Rehabilitation and reintegration

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Interrelation of Laws

• BWS and Juvenile Justice: If a minor acting under BWS commits a crime, they may invoke dual defenses based on their age and psychological condition.
• Recognition of Human Rights: Both R.A. No. 9262 and R.A. No. 9344 emphasize a victim-centered and rehabilitative approach, aiming to uphold human dignity and social justice.

These laws underscore the shift in Philippine criminal law towards recognizing psychological and social contexts in determining criminal liability, thereby promoting restorative justice.