Requisites (11, 12, 13, 14)Justifying (no civil liability except 4)1 Self-defenseUnlawful aggressionReasonable necessity of the means employed to prevent or repel itLack of sufficient provocation on the part of the person defending himself2 Defense of relativesUnlawful aggressionReasonable necessity of the means employed to prevent or repel itIn case the provocation was given by the person attacked, that one making defense had no part therein.3 Defense of StrangerUnlawful aggressionReasonable necessity of the means employed to prevent or repel itThird requisite to defense of a stranger, the person defending be not induced by Revenge, Resentment or any other Evil motive4 Avoidance of greater evilEvil sought to be avoided actually existInjury feared be greater than that done to avoid itThere be no other practical and less harmful means of preventing itThe accused must not have contributed to the arisal of the evil5 Fulfillment of dutyAccused acted in the performance of a duty or lawful exercise of right or officeInjury caused or offense committed be the necessary consequence of the due performance of duty or the lawful exercise of such right or office6 Obedience to an order issued for some lawful purposeAn order has been issued by a superiorSuch order must be for some lawful purposeMeans used by the subordinate to carry out said order is lawfulExempting(there is civil liabilty except 4 and 7)1 An imbecile or an insane person, unless the latter has acted during a lucid interval2 A child fifteen years of age or under is conclusively presumed to be criminally irresponsible therefore exempt from criminal liability3 A person over fifteen and under eighteen is exempt from criminal liability , unless he acted with discernment4 Accident without fault or intention of causing it A person is performing a lawful actWith due careHe causes injury to another by mere accidentWithout fault or intention of causing it5 Compulsion of irresistible forceCompulsion is by means of physical forcePhysical force must be irresistiblePhysical force must come from a third person6 Uncontrollable fearElementsThreat, which causes fear, is of greater than or at least equal to that which he is required to commitIt promises an evil of such gravity and imminence that the ordinary man would succumbed to it Requisites Existence of an uncontrollable fear The uncontrollable fear must be real and imminent The fear of injury is greater or at least equal to that committed 7 Prevented by some lawful or insuperable causesAn act is required by law to be doneA person fails to perform such actFailure to perform such act was due to some lawful or insuperable causeMitigating1 Incomplete justifying or exempting circumstanceArt. 11(1-6), Art. 12(3,4,6)If majority of the requisites are present including the essential requisite(I.e Unlawful aggression) Privileged mitigatingIf only the essential requisite or less than the majority of the requisites are present including the essential requisite Ordinary mitigating2 Under 18 or over 70 years old15-18 years old always privileged mitigating70 years old Only ordinary mitigating. It is Privileged when the penalty involved is death. No Imposition of death penalty and when execution of death sentence is already imposed it is suspended and commuted4 Sufficient threat or provocationProvocation must be sufficientIt must originate from offended partyIt must be immediate to the act5 Vindication of a grave offenseGrave offense has been done to the one committing the felony, his spouse, ascendants, descendants, legitimate, natural or adopted brothers or sisters, or relatives by affinity within the same degreeFelony is committed in vindication of such grave offense6 Passion or obfuscationThat there is an act, both unlawful and sufficient to produce such a condition of mindThat the said act produced the obfuscation was not far removed from the commission of the crime by a considerable length of time, during which the perpetrator might recover his natural equanimity7 Voluntary surrenderOffender had not been actually arrestedSurrender was made to a person in authority or agentSurrender was voluntary Confession of guiltOffender voluntarily confessed his guiltIt was made in open courtIt was made prior to the presentation of evidence for the prosecution8 Physical DefectThe physical defect that a person must have a relation to the commission of the crime9 Illness of the offenderIllness of the offender must diminish the exercise of will powerSuch illness should not deprive the offender the consciousness of his acts10 Similar or analogous circumstancesAggravating1. AdvantagetakenofpublicpositionThe offender is a public officerHe must have abused his public position or at least used his public position to facilitate the commission of the crime 2. Contemptorinsulttopublicauthorities Public authority is engaged in the exercise of his functionsSuch public authority is not the person against whom the crime is committedOffender knows him to be a public authorityHis presence has not prevented the offender from committing the crime3. Disregardof rank,age,sex,ordwellingofthe offendedpartyRank, Age, and Sex 1. With insult or in disregard of the respect due to the offended party on account of his:Rank, Age, SexDwelling of the offended partyThat it be committed in the dwelling of the offended party, if the latter has not given sufficient provocation.4. Abuse of confidenceOffended party had trusted the offenderOffender abused such trust by committing a crime against offended partyAbuse of confidence facilitated the commission of the crime Obvious ungratefulnessOffended party had trusted the offenderOffender abused such trust by committing a crime against offended partyThe act committed with obvious ungratefulness5. Palace and places of commission of offenseThe crime be committed:1. In the palace of the Chief Executive; or2. In his presence; or3. Where public authorities are engaged in the discharge of their duties; or4. In a place dedicated to religious worship.

6. Nighttime,uninhabitedplaceorband It facilitated the commission of the crimeIt especially sought for by the offender to ensure the commission of the crime or for the purpose of impunityThe offender took advantage thereof for the purpose of impunity7. Onoccasionofcalamityormisfortune 8. Aidofarmedmen,etcArmed men or person took part in the commission of the crime, directly or indirectlyAccused availed himself of their aid or relied upon them when the crime was committed9. Recidivist(can be offset by mitigating)Offender is on trial for one crimePreviously convicted by final judgment of another crimeBoth the 1st and 2nd offenses are embraced in the same title of the RPCOffender is convicted of the new offense10. ReiteracionAccused is not trial for an offenseHe previously SERVED Greater than or Equal; or two or more crimes with lighter penaltyHe is convicted with the new offense Habituality(may not be offset by any mitigating)Within a period of 10years from the date of his release or last convictionOf the crimes falsification, robbery, estafa, theft, serious or less serious physical injuriesFound guilty of said crimes a third time or oftener Quasi-recidivism (may not be offset by ordinary mitigating)Offender was already convicted by final judgment of one offenseCommitted new felony before beginning to serve such sentence or while serving the same11. Price,reward,orpromiseThere are two principals; by inducement and by direct participationThe price, reward, or promise should be previous to and in consideration of the commission of the criminal act12. Bymeansofinundation,fire,etc.13. EvidentpremeditationTime when offender determined to commit the crimeAct manifestly indicating that he has clung to its determinationSufficient lapse of time between the determination and execution, to allow him to reflect upon the consequences of his act and to allow his conscience to overcome the resolution of his will14. Craft,fraudordisguise 15. Superior strength or means to weaken thedefense16. Treachery At the time of the attack, victim was not in the position to defend himselfOffender consciously adopted the particular means, method or form of attack employed by him17. IgnominyCrimemustbeagainstChastity, lessseriousphysicalinjuries, lightorgravecoercion, murderThe circumstance made the crime more humiliatingandshamefulforthevictim18. Unlawfulentry 19. Breakingwall A wall, roof, window, or door was brokenThey were broken to effect entrance20. Aidofminororbymeansofmotorvehicle orothersimilarmeans 21. CrueltyInjury caused be deliberately increased by causing other wrongThe other wrong be unnecessary for the execution of the purpose of the offender