Nature of force required The force must be irresistible to reduce the actor to

Nature of force required the force must be

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Nature of force required. The force must be irresistible to reduce the actor to a mere instrument who acts not only without will but against his will. The duress, force, fear or intimidation must be present, imminent and impending and of such a nature as to induce a well-grounded apprehension of death or serious bodily harm if the act is not done. A threat of future injury is not enough. The compulsion must be of such a character as to leave no opportunity to the accused for escape or self-defense in equal combat. ( People vs. Loreno and People vs Villanueva) The compulsion employed upon the accused must have been of such character as to leave no opportunity for him to spring an escape or to himself foist any act of defense for self- preservation. Thus, duress is unavailing where the accused had every opportunity to run away if he had wanted to or to resist any possible aggression because he was also armed. A person who acts under the compulsion of an irresistible force, like one who acts under the impulse of uncontrollable fear of equal or greater injury, is exempt from criminal liability because he does not act with freedom. (People vs. Loreno) R. WHAT ARE THE ELEMENTS OF UNCONTROLLABLE FEAR 1. Threat which caused the fear of an evil greater than or at least equal to that which the accused was required to commit. 2. It promised an evil of such gravity and imminence that the ordinary man would have succumbed to it. Just like irresistible force, uncontrollable fear is founded on Par. 6. — Any person who acts under the impulse of an uncontrollable fear of an equal or greater injury. The fear experienced by men who allege hearing voices or suspect other persons would kill or harm them cannot qualify as the fear that could The accused must not have opportunity for escape or self- defense. A threat of future injury is not enough. The compulsion must be of
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Basis of paragraph 6. The exempting circumstance in paragraph 6 of Art. 12 is also based on the complete absence of freedom. "Actus me invito factus non est meus actus." ("An act done by me against my will is not my act." duress or lack of voluntariness on the part of the actor. There must be no possibility of avoiding or escaping from the situation creating the fear, such as the case of the hostage who decapitated his fellow hostage because otherwise he shall be killed by his captors. This exempting circumstance also presupposes that a person is compelled to commit a crime by another, but the compulsion is by means of intimidation or threat, not force or violence. 1. That the threat which causes the fear is of an evil greater than or at least equal to, that which he is required to commit; 2. That it promises an evil of such gravity and imminence that the ordinary man would have succumbed to it. ( U.S. vs. Elicanal) For the exempting circumstance of uncontrollable fear to be invoked successfully, the following requisites must concur: (a) existence of an uncontrollable fear; (b) the fear must be real and imminent; and (c) the fear of an injury is greater than or at least equal to that committed.
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  • Spring '17
  • john doe

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