People vs Petenia Distinction between irresistible force and uncontrollable

People vs petenia distinction between irresistible

This preview shows page 41 - 42 out of 49 pages.

equal to that committed. (People vs. Petenia) Distinction between irresistible force and uncontrollable fear. In irresistible force (par. 5), the offender uses violence or physical force to compel another person to commit a crime; in uncontrollable fear (par. 6), the offender employs intimidation or threat in compelling another to commit a crime. exempt from criminal liability. At most, such fear which drive these persons suffering from nervous breakdown could be mitigating under Article 13 on illness or defect or circumstances analogous thereto. Liberato Exaltacion and Buenaventura Tanchinco were compelled under fear of death to swear allegiance to the Katipunan whose purpose was to overthrow the government by force of arms. In this case, the accused cannot be held criminally liable for rebellion, because they joined the rebels under the impulse of an uncontrollable fear of an equal or greater injury. (U.S. vs. Exaltacion) Nature of duress as a valid defense. Duress as a valid defense should be based on real, imminent, or reasonable fear for one's life or limb and should not be speculative, fanciful, or remote fear. ( People vs. Borja and People vs. Quilloy) such a character as to leave no opportunity to the accused for escape or self-defense in equal combat. 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. (People vs. Palencia and People vs. Abanes) Where the accused, who testified that he was intimidated into committing the crime, had several opportunities of leaving the gang which had decided to kidnap the victim, his theory that he acted under intimidation is untenable. (People vs. Parulan) Where the accused testified that he joined the band because he was threatened by the leader thereof, but it appears that the leader was armed with a revolver only, while the accused was armed with a rifle, so that he could have resisted said leader, it was held that the accused did not act under the impulse of an uncontrollable fear of an equal or greater injury. (People vs. Vargas and Kamatoy) S. WHAT IS INSUPERABLE CAUSE Basis of paragraph 7. The circumstance in paragraph 7 of Art. 12 exempts the accused from criminal liability, because he acts without intent, the third condition of voluntariness in intentional felony. It is an exempting circumstance which applies to felonies by omission. The law imposes a duty on the offender to perform an act but his failure to do so is due to a lawful or insuperable cause. Par. 7. — Any person who fails to perform an act required by law, when prevented by some lawful or insuperable cause. Elements: 1. That an act is required by law to be done; 2. That a person fails to perform such act; 3. That his failure to perform such act was due to some lawful or insuperable cause.
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  • Spring '17
  • john doe

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