Felony is defined under the code as an act or omission punishable by law,

committed through culpa or dolo. [1] The words “punishable by law” means that
the act or omission must be defined and punished by the Revised Penal Code
and no other law. Dolo is a Spanish term which means deceit. There is deceit
when an act is performed with deliberate intent. [2] Culpa is also a Spanish term
which means fault. There is fault when a wrongful act results from negligence,
imprudence, lack of skill or foresight. Here lies the confusion. The Code
specifically provides for a definition of a felony, but nevertheless simultaneously
uses the word crime or offense in describing the acts and omissions punishable
by the code. A crime is defined as an act or omission which is made punishable
by law. On the other hand, an offense includes both felony and crime, as it is
generally referred to as violations of the law.
A person incurs criminal liability either by committing a felony regardless of the
original intent of the actor or by committing an impossible crime. [3] The law
punishes both intentional and unintentional felonies. The rationale behind the
liability incurred for an intended act is simple: a person must be held liable for an
act or omission which the law specifically prohibits. On the other hand an
unintentional act is punishable because of the lack of skill (negligence) or lack
foresight (imprudence) which makes it as if it was intentional. The provision
seems to define only the liability of a principal and excludes that of the accessory
and accomplice.
Members of the Judiciary are required, under the code, to make a report to the
president whenever there is an act that should be repressed but is not made
punishable by any law. [4] This provision of the Code has never been used. This is
because the duty to make laws, under the Constitution, is with the Congress, and
not the President. [5] Also, the Congress may conduct an investigation in aid of
legislation. [6]
Circumstances affecting Criminal Liability
There are circumstances which are attendant in the commission of an offense
which have the effect of increasing the penalty or lowering the penalty imposed.
Also, there are acts which are considered to be wholly excusable if a certain
circumstance is attendant in the commission of the felony. The Code provides for
justifying, exempting, mitigating, aggravating and alternative circumstances
which alter the penalty imposed if it is attendant in the commission of the
offense. Absolutory causes, which exempt an offender from criminal liability, may
also be found in the Code, although not found in one provision.
a. Justifying and Exempting Circumstances
Justifying Circumstances are those where the act of a person is said to be in
accordance with law so that such person is deemed not to have transgressed the
law and is free from criminal and civil liability. [7] The following circumstances, if
present in the commission of a felony, serve to free the offender of any liability:
“Article 11. Justifying circumstances. – The following do not incur any criminal
liability:
1. Anyone who acts in defense of his person or rights, provided that the following
circumstances concur;
First. Unlawful aggression;
Second. Reasonable necessity of the means employed to prevent or repel it;
Third. Lack of sufficient provocation on the part of the person defending himself.
2. Any one who acts in defense of the person or rights of his spouse, ascendants,
descendants, or legitimate, natural or adopted brothers or sisters, or of his
relatives by affinity in the same degrees, and those by consanguinity within the
fourth civil degree, provided that the first and second requisites prescribed in the
next preceding circumstance are present, and the further requisite, in case the
provocation was given by the person attacked, that the one making defense had
no part therein.
3. Anyone who acts in defense of the person or rights of a stranger, provided that
the first and second requisites mentioned in the first circumstance of this article
are present and that the person defending be not induced by revenge,
resentment, or other evil motive.
4. Any person who, in order to avoid an evil or injury, does an act which causes
damage to another, provided that the following requisites are present;
First. That the evil sought to be avoided actual exists;
Second. That the injury feared be greater than that done to avoid it;
Third. That there be no other practical and less harmful means of preventing it.
5. Any person who acts in the fulfillment of a duty or in the lawful exercise of a
right or office.
6. Any person who acts in obedience to an order issued by a superior for some
lawful purpose.” [8]
No crime is committed therefore no civil liability attaches. The burdens of proving
the existence of a justifying circumstance lie with the accused. [9] When an
accused invokes self defense, it is incumbent upon him to prove such by clear
and convincing evidence. [10]
On the other hand, Exempting Circumstances are those grounds exemption from
punishment because there is wanting in the agent of the crime any of the
conditions which make the act voluntary or negligent. [11] The following are
exempting circumstances:
“Article 12. Circumstances which exempt from criminal liability. – The following
are exempt from criminal liability:
1. An imbecile or an insane person, unless the latter has acted during a lucid
interval.
When the 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.
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 article 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.
5. Any person who acts under the compulsion of 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 insuperable cause.” [12]
According to Guevara [13] one who acts because of an exempting circumstance
commits a crime, but because of the absence of voluntariness there is no criminal
liability, only civil liability. The burden of proving, with clear and convincing
evidence, that the accused acted with the existence of an exempting
circumstance lies with the accused.
b. Mitigating Circumstances
Mitigating Circumstances are those which, if present in the commission of the
crime, do not entirely free the actor from criminal liability, but serve only to
reduce the penalty. [14] Diminution of the freedom or intelligence is the basis for
the mitigation. [15] The Code provides the following circumstance which mitigate
criminal liability:
“Article 13. Mitigating circumstances. – The following are mitigating
circumstances:
1. Those mentioned in the preceding chapter, when all the requisites necessary to
justify the act or to exempt from criminal liability in the respective cases are not
attendant.
2. That the offender is under eighteen years of age or over seventy years. In the
case of the minor, he shall be proceeded against in accordance with the
provisions of article 80.
3. That the offender had no intention to commit so grave a wrong as that
committed.
4. That sufficient provocation or threat on the part of the offended party
immediately preceded the act.
5. That the act was committed in the immediate vindication of a grave offense to
the one committing the felony (delito) his spouse, ascendants, descendants,
legitimate, natural or adopted brothers or sisters or relatives by affinity within the
same degrees.
6. That of having acted upon an impulse so powerful as naturally to have
produced passion or obfuscation.
7. That the offender had voluntarily surrendered himself to a person in authority
or his agents, or that he had voluntarily confessed his guilt before the court prior
to the presentation of the evidence for the prosecution.
8. That the offender is deaf and dumb, blind or otherwise suffering some physical
defect which thus restricts his means of action, defense, or communication with
his fellow beings.
9. Such illness of the offender as would diminish the exercise of the will-power of
the offender without however depriving him of consciousness of his acts.
10. And, finally, any other circumstance of a similar nature and analogous to
those above mentioned.” [16]
Mitigating Circumstances are classified into two groups: Ordinary and Privileged.
Ordinary Mitigating circumstances are those enumerated in Article 13, save
minority, which is the effect of the lowering of the age responsibility. An ordinary
mitigating circumstance has the effect of reducing the penalty a period lower.
Privileged mitigating circumstance are those which are enumerated by law as
such, and has the effect of reducing the penalty a degree or two lower. The
existence of two ordinary circumstances has the effect of a privileged, lowering
the penalty by a degree or two. A privileged mitigating circumstance cannot be
offset by an aggravating circumstance, whereas the ordinary one may.
c. Aggravating Circumstances
Aggravating Circumstances are those which, if present in the commission of a
crime, serve to increase the penalty without, however, exceeding the maximum
penalty, allowed by law for the offense. [17] The Code enumerates twenty-one
circumstances which aggravate criminal liability, they are the following:
“Article 14. Aggravating circumstances. – The following are aggravating
circumstances:
1. That advantage be taken by the offen