Bonoan 64 Phil 87 Dementia praecox is covered by the term insanity 2 A person

Bonoan 64 phil 87 dementia praecox is covered by the

This preview shows page 9 - 10 out of 32 pages.

Bonoan, 64 Phil. 87 ) Dementia praecox is covered by the term insanity. 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. ( Impliedly repealed by RA No. 9344 ) Section 6. Minimum Age of Criminal Responsibility. – A child fifteen (15) years of age or under at the time of the commission of the offense shall be exempt from criminal liability. However, the child shall be subject to an intervention program pursuant to Section 20 of this Act. A child above fifteen (15) years but below eighteen (18) years of age shall likewise be exempt from criminal liability and be subjected to an intervention program, unless he/she has acted with discernment, in which case, such child shall be subject to the appropriate proceedings in accordance with this Act. The exemption from criminal liability herein established does not include exemption from civil liability, which shall be enforced in accordance with existing laws. Child in conflict with the law – a person who at the time of the commission of the offense is below eighteen (18) years old but not less than fifteen (15) years and one (1) day old Discernment – the capacity of the child at the time of the commission of the offense to understand the differences between right and wrong and the consequences of the wrongful act 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 . Accident – something that happens outside the sway of our will, and although it comes about through some act of our will, lies beyond the bounds of humanly foreseeable consequences 5. Any person who act under the compulsion of irresistible force. Elements: 1. That the compulsion is by means of physical force; 2. That the physical force must be irresistible; 3. That the physical force must come from a third person. The pretension of an accused that he was threatened with a gun by his friend, the mastermind, is not credible where he himself was armed with a rifle. ( People v. Sarip, 88 SCRA 666, 673-674 ) 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. The 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 v.
Image of page 9
Image of page 10

You've reached the end of your free preview.

Want to read all 32 pages?

  • Winter '16

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture

Stuck? We have tutors online 24/7 who can help you get unstuck.
A+ icon
Ask Expert Tutors You can ask You can ask You can ask (will expire )
Answers in as fast as 15 minutes