There is no civil liability because his acts are lawful For instance Article

There is no civil liability because his acts are

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There is no civil liability because his acts are lawful. For instance, Article 125 provides for the number of hours when a person arrested must be delivered to the judicial authorities. If the peace officers failed to do so because of circumstances beyond their control such as long holidays when the judicial offices are not open, that is insuperable cause and the peace officers will not be liable under Article 125. A confessed to a Filipino priest that he and several other persons were in conspiracy against the Government. Under Art. 116, a Filipino citizen who knows of such conspiracy must report the same to the governor or fiscal of the province where he resides. If the priest does not disclose and make known the same to the proper authority, he is exempt from criminal liability, because under the law, the priest cannot be compelled to reveal any information which he The municipal president detained the offended party for three days because to take him to the nearest justice of the peace required a journey for three days by boat as there was no other means of transportation. (U.S. vs. Vicentillo) Under the law, the person arrested must be delivered to the nearest judicial authority at most within eighteen hours (now thirty-six hours, Art. 125, Rev. Penal Code, as amended); otherwise, the public officer will be liable for arbitrary detention. The distance which required a journey for three days was considered an insuperable cause. Hence, it was held that the accused was exempt from criminal liability. A mother who at the time of childbirth was overcome by severe dizziness and extreme debility, and left the child in a thicket where said child died, is not liable for infanticide, because it was physically impossible for her to take home the
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came to know by reason of the confession made to him in his professional capacity. (Vide, Sec. 24[d], Rule 130, Rules of Court) child. (People vs. Bandian) The severe dizziness and extreme debility of the woman constitute an insuperable cause. ONLY FOUND IN REYES In all the exempting circumstances, intent is wanting in the agent of the crime. Intent presupposes the exercise of freedom and the use of intelli- gence. Hence, in paragraphs 1, 2 and 3 of Art. 12, the imbecile, insane, or minor, not having intelligence, does not act with intent. The person acting under any of the circumstances mentioned in paragraphs 5 and 6 of Art. 12, not having freedom of action, does not act with intent. In paragraph 4 of Art. 12, it is specifically stated that the actor causes an injury by mere accident without intention of causing it. Art. 332. — Persons exempt from criminal liability. — No criminal, but only civil, liability shall result from the commission of the crime of theft, swindling or malicious mischief committed or caused mutually by the following persons: 1. Spouses, ascendants and descendants, or relatives by affinity in the same line; 2. The widowed spouse with respect to the property which belonged to the deceased spouse before the same shall have passed into the possession of another; and 3. Brothers and sisters and brothers-in- law and sisters-in-law, if living together.
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  • Spring '17
  • john doe

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