IN THE ABSENCE of the second requisite the justification becomes incomplete

In the absence of the second requisite the

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lawful exercise of such right or office. IN THE ABSENCE of the second requisite, the justification becomes incomplete THEREBY converting it into a mitigating circumstance ( People vs Pinto)
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O. WHEN IS OBEDIENCE TO SUPEIOR ORDER APPRECIATED When the following elements occur: 1. An order has been issued by a superior; 2. The order is for a legal purpose: 3. The means used to carry out such order is lawful 1. That an order has been issued by a superior; 2. Such order must be for a lawful purpose; 3. The means used by the subordinate to carry out said order is lawful. EVEN IF the order is illegal BUT it is apparently legal and the subordinate is not aware of its illegality, the subordinate is not liable ( People vs Beronilla) When the order is not for a lawful purpose, the subordinate who obeyed it is liable ( People vs Barroga) HOWEVER the subordinate is not liable for carrying out an illegal order of his superior, if he is not aware of the illegality of the order, and he is not negligent Art 12. Circumstances which exempt from criminal liability. The following are exempt from criminal liability: ACTUAL RPC PROVISION 1. An imbecile or an insane person, UNLESS the latter has acted during a lucid interval. When an 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.* *A child fifteen years of age or under is exempt from criminal liability under Rep. Act No. 9344 (Juvenile Justice and Welfare Act of 2006). 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 Article 80 of this Code. WHEN such minor is adjudged to be criminally irresponsible, the court, in conformity 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 Articles 80. "Impliedly repealed by Rep. Act No. 9344 (Juvenile Justice and Welfare Act of 2006). See explanations, infra 4. Any person who, while performing a lawful act with due care, causes an injury by mere accident without fault or intention causing it. 5. Any person who acts under the compulsion of an 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 or insuperable cause. A. WHAT ARE EXEMPTING CIRCUMSTANCES These are circumstances by virtue of which, ALTHOUGH the act is criminal, the law exempts the actor from liability.
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  • Spring '17
  • john doe

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