Article 11Act No. 3815, Sec./Art. 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. Anyone who acts in defense of the person or rights of his spouse, ascendants, descendants, or legitimate, natural or adopted brothers or sisters, or of his relatives by affinity in the same degrees, and those by 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 provocation 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 an 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.

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

than that prescribed by law for the attempted felony shall

be imposed upon the accessories to the attempt to

commit a felony.

Article

58.

Additional penalty to be imposed upon

certain accessories. - Those accessories falling within the

terms of paragraphs 3 of Article 19 of this Code who

should act with abuse of their public functions, shall

suffer

the

additional

penalty

of

absolute

perpetual

disqualification if the principal offender shall be guilty of a

grave

felony,

and

that

of

absolute

temporary

disqualification if he shall be guilty of a less grave felony.

Article 59. Penalty to be imposed in case of failure to

commit the crime because the means employed or the

aims sought are impossible. - When the person intending

to commit an offense has already performed the acts for

the execution of the same but nevertheless the crime

was not produced by reason of the fact that the act

intended

was

by

its

nature

one

of

impossible

accomplishment or because the means employed by

such person are essentially inadequate to produce the

result desired by him, the court, having in mind the social

danger and the degree of criminality shown by the

offender, shall impose upon him the penalty of arresto

mayor or a fine from 200 to 500 pesos.

Article 60. Exception to the rules established in Articles

50 to 57. - The provisions contained in Articles 50 to 57,

inclusive, of this Code shall not be applicable to cases in

which the law expressly prescribes the penalty provided

for a frustrated or attempted felony, or to be imposed

upon accomplices or accessories.

Article 61. Rules for graduating penalties. - For the

purpose of graduating the penalties which, according to

the provisions of Articles 50 to 57, inclusive, of this Code,

are to be imposed upon persons guilty as principals of

any frustrated or attempted felony, or as accomplices or

accessories, the following rules shall be observed:

1. When the penalty prescribed for the felony is single and

indivisible, the penalty next lower in degrees shall be that

immediately following that indivisible penalty in the

respective graduated scale prescribed in Article 71 of this

Code.

2.

When

the

penalty

prescribed

for

the

crime

is

composed of two indivisible penalties, or of one or more

divisible penalties to be impose to their full extent, the

penalty next lower in degree shall be that immediately

following the lesser of the penalties prescribed in the

respective graduated scale.

3.

When

the

penalty

prescribed

for

the

crime

is

composed of one or two indivisible penalties and the

maximum period of another divisible penalty, the penalty

next lower in degree shall be composed of the medium

and minimum periods of the proper divisible penalty and

the maximum periods of the proper divisible penalty and

the maximum period of that immediately following in

said respective graduated scale.

4. when the penalty prescribed for the crime is composed

of several periods, corresponding to different divisible

penalties, the penalty next lower in degree shall be

composed

of

the

period

immediately

following

the

minimum prescribed and of the two next following,

which shall be taken from the penalty prescribed, if

possible;

otherwise

from

the

penalty

immediately

following in the above mentioned respective graduated

scale.

5. When the law prescribes a penalty for a crime in some

manner not especially provided for in the four preceding

rules, the courts, proceeding by analogy, shall impose

corresponding penalties upon those guilty as principals of

the frustrated felony, or of attempt to commit the same,

and upon accomplices and accessories.

TABULATION OF THE PROVISIONS OF THE CHAPTER

Penalty Prescribe

for the crime

Penalty to be

imposed upon the

principal in a

frustrated crime,

and accomplice in

a consummated

crime

Penalty to be

imposed upon the

principal in an

attempted crime,

the accessory in

the consummated

crime and the

accomplices in a

frustrated crime.

Penalty to be

imposed upon the

accessory in a

frustrated crime,

and the

accomplices in an

attempted crime

Penalty to be

imposed upon the

accessory in an

attempted crime

First

Case

Death

Reclusion Perpetua

Reclusion

Temporal

Prision Mayor

Prision

Correccional

Secon

d Case

Reclusion

Perpetua to Death

Reclusion

Temporal

Prision Mayor

Prision

Correccional

Arresto Mayor

Third

Case

Reclusion

Temporal in its

maximum period

to death

Prision Mayor in its

maximum period

to reclusion

temporal in its

medium period

Prision correccional

in its maximum

period to prision

mayor in its

medium period

Arresto Mayor in its

maximum period

to prision

correccional in its

medium period

Fine and Arresto

Mayor in its

minimum and

medium periods

Fourth

Case

Prision Mayor in its

maximum period

to reclusion

temporal in its

medium period.

Prision correccional

in its maximum

period to prision

mayor in its

medium period.

Arresto mayor in its

maximum period

to prision

correccional in its

medium period.

Fine and Arresto

Mayor in its

minimum and

medium periods

Fine.

Section Two. - Rules for the application of penalties with

regard to the mitigating and aggravating circumstances,

and habitual delinquency.

Article 62. Effects of the attendance of mitigating or

aggravating circumstances and of habitual delinquency.

— Mitigating or aggravating circumstances and habitual

delinquency shall be taken into account for the purpose

of diminishing or increasing the penalty in conformity

with the following rules:

1.

Aggravating

circumstances

which

in

themselves

constitute a crime specially punishable by law or which

© Compiled By RGL

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