Justifying Circumstances Requisites1. Self-Defensea. Unlawful Aggressionb. Reasonable Necessity of the means employed to prevent or repel itc. Lack of Sufficient Provocation from the person defending himself2. Defense of Relativesa. Unlawful Aggressionb. Reasonable Necessity of the means employed to prevent or repel itc. In case the provocation was given by the person attacked, the one making a defense had no part therein3. Defense of Strangersa. Unlawful Aggressionb. Reasonable Necessity of the means employed to prevent or repel itc. The person defending be not induced by revenge, resentment, or other evil motive4. Avoidance of greater evil or injurya. That the evil sought to be avoided actually existsb. Injury feared be greater than that done to avoid itc. That there be no other practical and less harmful means of preventing it5. Fulfillment of duty or lawful exercise of right or officea. The accused acted in the performance of a duty or in the lawful exercise of a right or officeb. That the injury caused or the offense committed be the necessary consequence of the due performance of duty or lawful exercise of such right or office6. Obedience to an order issued for some lawful purposea. That an order has been issued by a superiorb. That such order must be for some lawful purposec. The means used by the subordinate to carry our said order is lawful

Mitigating Circumstances Requisites1. Incomplete cases of Article 11 and 12a. Self Defense, Defense of Relatives, Defense of Strangersi. Unlawful Aggression must be present b. Avoidance of Greater Evili. The evil sought to be avoided needs to existc. Fulfillment of Dutyi. Either of the two requisites for fulfillment of dutyd. Obedience to an orderi. Must be done in the obedience to someonee. Over 15, under 18 years oldi. Acted with discernment f. Accident i. Without due care & with fault = negligenceii. Unlawful act & with intention = felony (not mitigating)g. Uncontrollable feari. Only one of the requisites are present2. Under 18 and Over 70a. Without discernment (for under 18)3. No intention to commit so grave a wronga. Notable and evident disproportion between the means employed to execute the criminal act and its consequencesb. Lack of intent4. Provocationa. Provocation must be sufficientb. Must originate from the offended partyc. Must be immediate to the act5. Immediate vindication of a grave offensea. The grave offense be done to the one committing the felony, his spouse, ascendants, descendants, legitimate, natural, or adopted brothers or sisters, or relatives by affinity within the same degreesb. A felony is committed in vindication of such grave offense. A lapse of time is allowed between the vindication and the doing of the grave offense.6. Passion or Obfuscationa. That there be an act, both unlawful and sufficient to produce such a condition of mindb. That said act which produced the obfuscation was not far removed from the commission of the crime by a considerable length of time, during which the perpetrator might recover his normal equanimity7. Voluntary Surrendera. Surrender to a personi. That the offender had not been actually arrestedii. Offender surrendered himself to a person in authority or the latters agentiii. That the surrender was voluntaryb. Plea of Guiltyi. Spontaneously confessed his guiltii. Confession made in open court before the competent court that is to try the caseiii. Confession of guilt was made prior to the presentation of evidence for the prosecution8. Deaf and dumb, blind or other physical defecta. Physical defect must restrict means of action, defense, or communication with fellow beings9. Illness of the offendera. Illness must diminish the exercise of his will-powerb. Such illness should not deprive the offender of the consciousness of his acts10. Similar CircumstancesExempting Circumstances1. Imbecile or Insanea. Must not be in a lucid interval2. Under 15 (RA 9344)3. Over 15, Under 18a. Must be over 15 and under 18b. Does not act with discernment4. Mere Accidenta. Person is performing a lawful actb. With due carec. He causes an injury to another by mere accidentd. Without fault or intention of causing it5. Irresistible Forcea. Compulsion is by means of physical forceb. Physical force must be irresistiblec. Physical force must come from a third person6. Uncontrollable Feara. Threat which caused the fear was of an evil greater than or at least equal to, that which he was required to commitb. That it promised an evil of such gravity and imminence that an ordinary person would have succumbed to it7. Fails to perform an act required by law, when prevented by some lawful or insuperable causea. That an act is required by law to be doneb. A person fails to perform such actc. His failure to perform such act was due to some lawful or insuperable cause