Exempting circumstances are situations where a person commits an act that would otherwise be a crime, but is exempt from criminal liability because they acted without the freedom, intelligence, or intent that criminal responsibility requires. They include: insanity or imbecility (unless the person acted during a lucid interval); minority, under the juvenile justice law (a child fifteen years old or under is exempt, and a child above fifteen but under eighteen is exempt unless they acted with discernment); accident without fault or intention of causing harm while performing a lawful act with due care; acting under an irresistible force; acting under an uncontrollable fear of an equal or greater injury; and failing to perform an act required by law due to a lawful or insuperable cause. Unlike justifying circumstances, the act in an exempting circumstance is still wrongful, so civil liability generally remains even though there is no criminal liability.
Sometimes a person does the act — but the law says they are not criminally responsible. These are exempting circumstances: the actor lacked the freedom, intelligence, or intent that guilt requires.
Justifying vs. Exempting
A key distinction: in a justifying circumstance, the act itself is lawful (like self-defense). In an exempting circumstance, the act is still wrongful, but the actor is excused because they lacked criminal capacity. This is why civil liability generally remains in exempting circumstances even though criminal liability does not.
Insanity or Imbecility
An insane or imbecile person is exempt — they lack the intelligence to be criminally responsible — unless they acted during a lucid interval. Insanity must exist at the time of the act and completely deprive the person of reason.
Minority (Juvenile Justice Law)
Under the juvenile justice framework:
- A child fifteen (15) years old or under at the time of the offense is exempt from criminal liability (though subject to intervention); and
- A child above fifteen but under eighteen is exempt unless they acted with discernment (understanding of the wrongfulness of the act).
Accident
A person who, while performing a lawful act with due care, causes injury by mere accident without fault or intention of causing it, is exempt. All four must concur: a lawful act, due care, an accident, and no fault or intent.
Irresistible Force and Uncontrollable Fear
- Irresistible force — acting under a physical force so overwhelming that the person has no freedom of action (their body is used as a mere instrument); and
- Uncontrollable fear — acting under the compulsion of an uncontrollable fear of an equal or greater injury, where the threatened harm is real, imminent, and grave.
Lawful or Insuperable Cause
A person who fails to perform an act required by law due to a lawful or insuperable cause (a cause they cannot overcome) is exempt from liability for that failure.
Practical Takeaways
- Exempting circumstances (insanity, minority, accident, irresistible force, uncontrollable fear, lawful/insuperable cause) excuse the actor for lack of criminal capacity;
- The act remains wrongful, so civil liability generally remains even without criminal liability;
- Each has strict requisites — for example, insanity must exist at the time of the act and completely deprive reason.
Frequently Asked Questions
What are exempting circumstances? Situations where a person commits an otherwise criminal act but is exempt from criminal liability because they lacked the freedom, intelligence, or intent that criminal responsibility requires, such as insanity, minority, or accident.
Is a minor criminally liable? A child fifteen or under is exempt from criminal liability, though subject to intervention. A child above fifteen but under eighteen is exempt unless they acted with discernment, meaning they understood the wrongfulness of the act.
Does an exempting circumstance remove civil liability too? Generally no. Unlike justifying circumstances, the act in an exempting circumstance is still wrongful, so civil liability generally remains even though there is no criminal liability.
When does accident exempt a person from liability? When they cause injury by mere accident, without fault or intention, while performing a lawful act with due care. All four elements, a lawful act, due care, an accident, and no fault or intent, must concur.
This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.
If you have questions about your rights or options under Philippine law, our firm is available to assist. You may reach us via Viber or WhatsApp, call us at 0995 433 5550, or send an email to vivasnobles@gmail.com. We look forward to hearing from you.