Article 6Act No. 3815, Sec./Art. 6

Consummated, frustrated, and attempted felonies.-Consummated felonies, as well as those which are frustrated and attempted, are punishable.

A felony is consummated when all the elements necessary for its execution and accomplishment are present; and it is frustrated when the offender performs all the acts of execution which would produce the felony as a consequence but which, nevertheless, do not produce it by reason of causes independent of the will of the perpetrator.

There is an attempt when the offender commences the commission of a felony directly by overt acts, and does not perform all the acts of execution which should produce the felony by reason of some cause or accident other than his own spontaneous desistance.

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

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.

9. Such illness of the offender as would diminish the

exercise

of

the

will-power

of

the

offender

without

however depriving him of the consciousness of his acts.

10. And, finally, any other circumstances of a similar

nature and analogous to those above mentioned.

Chapter Four CIRCUMSTANCE WHICH AGGRAVATE

CRIMINAL LIABILITY

Article 14. Aggravating circumstances. - The following

are aggravating circumstances:

1. That advantage be taken by the offender of his public

position.

2. That the crime be committed in contempt or with

insult to the public authorities.

3. That the act be committed with insult or in disregard of

the respect due the offended party on account of his

rank, age, or sex, or that is be committed in the dwelling

of

the

offended

party,

if

the

latter

has

not

given

provocation.

4. That the act be committed with abuse of confidence or

obvious ungratefulness.

5. That the crime be committed in the palace of the Chief

Executive or in his presence, or where public authorities

are engaged in the discharge of their duties, or in a place

dedicated to religious worship.

6. That the crime be committed in the night time, or in an

uninhabited

place,

or

by

a

band,

whenever

such

circumstances

may

facilitate the commission of the

offense.

Whenever more than three armed malefactors shall have

acted together in the commission of an offense, it shall be

deemed to have been committed by a band.

7. That the crime be committed on the occasion of a

conflagration, shipwreck, earthquake, epidemic or other

calamity or misfortune.

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