ADJUS-121 Lecture Notes - Lecture 18: Homicide, Ant-Zen, Revised Penal Code Of The Philippines

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In exempting circumstances (1) the circumstances affect the actor, not the act; (2) the act complained of is actually wrongful, but the actor acted without voluntariness. He is a mere tool or instrument of the crime; (3) since the act complained of is actually wrongful, there is a crime. But because the actor acted without voluntariness, there is absence of dolo or culpa. There is no criminal; (4) since there is a crime committed but there is no criminal, there is civil liability for the wrong done. However, in paragraphs 4 and 7 of article. 12, there is neither criminal nor civil liability. When you apply for justifying or exempting circumstances, it is confession and avoidance and burden of proof shifts to the accused and he can no longer rely on weakness of prosecution"s evidence. [1]the difference between murder and homicide will be discussed in criminal law ii.

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